[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27677-27678]
[FR Doc No: 2011-11613]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64423; File No. SR-ISE-2011-28]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change by International
Securities Exchange to Amend ISE Rule 2102

May 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 5, 2011, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which items have been prepared by the self-
regulatory organization. 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 Rule 2102 (Hours of Business) to
expand the applicability of Trading Pauses to cover all NMS Stocks.
    The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.com, at the principal office of the
Exchange, 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 self-regulatory organization
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 self-regulatory organization
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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend ISE Rule 2102 to expand the
applicability of Trading Pauses to cover all NMS Stocks.\3\ Initial
amendments to ISE Rule 2102 to allow the Exchange to pause trading in
an individual stock when the primary listing market for such stock
issues a trading pause were approved by the Commission on June 10, 2010
on a pilot basis.\4\ The Exchange noted in its filing to adopt the
initial amendments to Rule 2102 that during the pilot period it would
continue to assess whether additional securities need to be added and
whether the parameters of the trading pause would need to be modified
to accommodate trading characteristics of different securities. On
September 10, 2010, ISE Rule 2102 was amended again to expand the pilot
rule to apply to the Russell 1000[reg] Index and other specified
exchange traded products.\5\
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    \3\ See ISE Rule 2100(c)(13).
    \4\ See Securities Exchange Act Release Nos. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-ISE-2010-48) (Approving the
pilot with an expiration date of December 10, 2010); 63506 (December
9, 2010), 75 FR 78301 (December 15, 2010) (SR-ISE-2010-117)
(Extending the date by which the pilot rule will expire to April 11,
2011); 64193 (April 5, 2011), 76 FR 20062 (April 11, 2011) (SR-ISE-
2011-17) (Extending the date by which the pilot rule will expire to
the earlier of August 11, 2011 or the date on which a limit up/limit
down mechanism to address extraordinary market volatility, if
adopted, applies).
    \5\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-ISE-2010-66).
---------------------------------------------------------------------------

    The Exchange has continued to assess whether additional securities
need to be added to the pilot and whether the parameters of Rule 2102
need to be modified to accommodate trading characteristics of different
securities. In consultation with other markets and the staff of the
Commission, the Exchange now proposes to include all NMS Stocks within
the pilot that are not already included therein and to apply a wider
Threshold Move percentage to the newly added securities. In particular,
the proposed additional stocks are those not currently included in the
S&P 500 Index, Russell 1000 Index, or specified ETPs, and therefore are
more likely to be less liquid securities or securities with lower
trading volumes. Accordingly, the Exchange believes that broader
Threshold Move percentages would be appropriate. Similarly, because
leveraged ETPs trade at a ratio against the associated index, a broader
Threshold Move percentage would also be appropriate for leveraged ETPs.
The Exchange proposes that the Threshold Move required to trigger a
Trading Pause for the proposed new securities be 30% or more for such
securities priced at $1 or higher and 50% or more

for such securities priced less than $1.\6\ The Exchange believes that
this threshold differentiation is appropriate because lower priced
securities tend to be more volatile, which amounts to a higher
percentage move than a similar price change in a higher-priced stock.
The Exchange is not proposing a change to the Threshold Move percentage
applicable to securities currently included within the current pilot.
---------------------------------------------------------------------------

    \6\ Under the proposed rule change, the price of a security
would be based on the closing price on the previous trading day, or,
if no closing price exists, the last sale reported to the
Consolidate Tape on the previous trading day.
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    Accordingly, with respect to expanding the applicability of Trading
Pauses to include all NMS Stocks, the Exchange is proposing to amend
Section (f)(4) of ISE Rule 2102 to reflect this change. With respect to
widening the Threshold Move percentage for the newly added securities,
the Exchange is not proposing a change to its rule text because the ISE
is not a primary listing market for equity securities and is therefore
not responsible for calculating the Threshold Moves to trigger a
Trading Pause. The current rule text provides that the Exchange shall
immediately institute a Trading Pause anytime an exchange-listed
security moves by 10% or more within a five-minute period, as
calculated by the primary listing market, therefore the widening of the
Threshold Move percentages need not be reflected in the ISE's rule text
as the newly proposed process conforms with the current rule text.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\7\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \8\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it promotes uniformity across markets concerning decisions to
pause trading in a security when there are significant price movements.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2011-28 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 Number SR-ISE-2011-28. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-ISE-2011-28 and should be
submitted on or before June 2, 2011.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11613 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P


############### WOTUS Wetland 100-Mile Buffer Analysis  #######################

# Author: Sam Ennett
# Date Created: 05/17/22

options(stringsAsFactors=FALSE)

pacman::p_load(dplyr, sf, tidycensus, readxl, tidyverse, labelled, units, openxlsx)

rm(list=ls())

# Variables to change before running the code ---------------------------------
Input_path <- "C:/Users/56407/ICF/WOTUS Reconsideration (ICF Internal Site) - General/Wetland Meta-Analysis/100 Mile Buffer/Inputs/"
Output_path <- "C:/Users/56407/ICF/WOTUS Reconsideration (ICF Internal Site) - General/Wetland Meta-Analysis/100 Mile Buffer/Outputs/"
TAMU_path <- "C:/Users/56407/ICF/EPA-Economic and Water Quality Modeling and Assessment Support - From_TAMU/"
GIS_path <- "C:/Users/56407/ICF/Le, Alyssa - GIS_Data/TIGER/"
ORM_path <- "C:/Users/56407/ICF/WOTUS Reconsideration (ICF Internal Site) - General/ORM Data Processing/Outputs/"
wood_poole_path <- "C:/Users/56407/ICF/WOTUS Reconsideration (ICF Internal Site) - General/National Analysis/Population Projections/Outputs/"

# Load Global Environment, can skip to line 147
load(file = paste0(Output_path, "100mileWetlandAnalysis_All_6-7-22.RData"))

# Conversion factor
dist_conv_metertomiles <- 0.000621371

# Buffer distances
Buffer_Dist <- c(100, 30)

# ACS Call Variables
years <- c(2019)
geography <- "county"

# Activate census API key
census_api_key("a37705549debf5d0b8e43a4fa62c7eb552f928bc")

Census_var <- c("S2501_C01_001E", # occupied housing units
                "B19013_001",     # median household income
                "DP02_0016E")     # persons per household

# Read in data ----------------------------------------------------------------
## Read in state crosswalk for FIPS code, regions -----------------------------
State_xwalk <- read.csv(paste0(Input_path,"us-state-ansi-fips-region.csv"), header=T) %>%
  filter(stusps!="AK" & stusps!="DC") # remove Alaska to deal with separately

State_xwalk$st <- str_pad(State_xwalk$st, width = 2, side = "left", pad = "0")

## TIGER Boundary Dataset ------------------------------------------------------
### Import TIGER boundaries
TIGER_boundary_raw <- st_read(paste0(GIS_path, "2019/County/tl_2019_us_county.shp"))

## Import shapefile with predetermined oversize counties
big_count <- st_read(paste0(Input_path, "tl_2020_us_county_CEC_oversized_sub.shp"))

## Get unique GEOIDs for oversized counties
big_geoid <- unique(big_count$GEOID)
big_st <- unique(big_count$STATEFP)

TIGER_boundary <-  subset(TIGER_boundary_raw, !(GEOID %in% big_geoid))

## HAWQS HUC Boundaries --------------------------------------------------------
# create list of directories
hawqs_dirs <- list.dirs(path = paste0(TAMU_path,"HAWQS_HUC_Dataset_2022-01"), recursive = FALSE)

# Read in all HAWQS boundaries
if (exists("hawqs_huc12")) {
  rm(hawqs_huc12)
}

for (i in 1:length(hawqs_dirs)) {
  if (exists("hawqs_huc12")){
    temp_hawqs_huc12 <- st_read(paste0(hawqs_dirs[[i]],"/SWAT/Fields_CDL/HUC12/Merged",
                                       substr(hawqs_dirs[[i]],nchar(hawqs_dirs[[i]])-1,nchar(hawqs_dirs[[i]])),
                                       "/Watershed/Shapes/demwshed.shp")) %>%
      mutate(region = i)
    hawqs_huc12 <- rbind(hawqs_huc12, temp_hawqs_huc12)
    rm(temp_hawqs_huc12)
  }
  else {
    hawqs_huc12 <- st_read(paste0(hawqs_dirs[[i]],"/SWAT/Fields_CDL/HUC12/Merged",
                                  substr(hawqs_dirs[[i]],nchar(hawqs_dirs[[i]])-1,nchar(hawqs_dirs[[i]])),
                                  "/Watershed/Shapes/demwshed.shp")) %>%
      mutate(region = i)
  }
}
unique(hawqs_huc12$region)
# st_write(hawqs_huc12, paste0(Output_path, "hawqs_huc12.shp"))

## HAWQS wetlands -------------------------------------------------------------
### Region numerals
numerals <- substr(hawqs_dirs,nchar(hawqs_dirs[[i]])-1,nchar(hawqs_dirs[[i]]))

### Read in HAWQS SWAT Inputs
# hawqs_hru <- read.csv(paste0(Input_path, "hawqs_hru.csv"))

# The below code takes ~10 minutes to run.
if (exists("hawqs_hru")) {
  rm(hawqs_hru)
}

for (i in 1:length(numerals)) {
  if (exists("hawqs_hru")){
    temp_hawqs_hru <- read.csv(paste0(TAMU_path, "SWAT_Input_Files_2022-01/hawqs-v2-",numerals[[i]],"-huc12-hru.csv"))
    hawqs_hru <- rbind(hawqs_hru, temp_hawqs_hru)
    rm(temp_hawqs_hru)
  }
  else {
    hawqs_hru <- read.csv(paste0(TAMU_path, "SWAT_Input_Files_2022-01/hawqs-v2-",numerals[[i]],"-huc12-hru.csv"))
  }
  hawqs_hru$Subbasin <- str_pad(hawqs_hru$Subbasin, width = 12, side = "left", pad = "0")
}

### HAWQS HRU QA ---------------------------------------------------------------
hawqs_hru_QA <- hawqs_hru %>%
  mutate(huc8 = substr(Subbasin, 1, 4)) %>%
  filter(huc8 == "0808" | huc8 == "0804")

## 404 Modeled Impacts to Wetlands -------------------------------------
orm <- read_excel(path = paste0(ORM_path, "FINAL_404_ImpactChanges_2021.09.23.v2.xlsx"), sheet = "Impacts_By_HUC12")

## Import Census Data ---------------------------------------------------------
# use S2501_C01_001E "occupied housing units"
# figure out how to make it flexible for CBGs or Counties

# Census Occupied Housing Data Call -------------------------------------------
states <- State_xwalk$stusps

cen_data <- data.frame()

if (exists("cen_temp_data")) {
  rm(cen_temp_data)
}

## Census API Call ------------------------------------------------------------
for (i in 1:length(years)) {
  cen_temp_data <- map_df(states, function(x) {
    get_acs(geography = geography,
            year = years[i],
            survey = "acs5",
            state = x,
            variables = Census_var,
            overwrite = T)
  }) %>% mutate(year = years[i])
  cen_data <- rbind(cen_data, cen_temp_data)
}

## Pivot Census Data Wider
cen_data_wide <- cen_data %>%
  select(GEOID, variable, estimate) %>%
  pivot_wider(names_from = "variable", values_from = "estimate")

## Save Global Environment ----------------------------------------------------
# save.image(file = paste0(Output_path, "100mileWetlandAnalysis_All_6-7-22.RData"))

# GIS Analysis ----------------------------------------------------------------
## Regular Counties -----------------------------------------------------------

### Convert polygons to North American Albers projection ----------------------
TIGER_boundary_albers <- st_transform(TIGER_boundary,
                                crs="+proj=aea +lat_1=29.5 +lat_2=45.5 +lat_0=23 +lon_0=-96 +x_0=0 +y_0=0 +ellps=GRS80 +datum=NAD83 +units=m +no_defs ")

### Create centroids for boundary polygons ------------------------------------
TIGER_boundary_points <- st_centroid(TIGER_boundary_albers)

## Reproject HUC 12 Boundaries ------------------------------------------------
hawqs_huc12 <- st_transform(hawqs_huc12,
             crs="+proj=aea +lat_1=29.5 +lat_2=45.5 +lat_0=23 +lon_0=-96 +x_0=0 +y_0=0 +ellps=GRS80 +datum=NAD83 +units=m +no_defs ")

hawqs_huc12$Area_m2 <- st_area(hawqs_huc12)

## Buffer and Intersect Loop ---------------------------------------------------
ptm <- proc.time()
dist_conv_metertomiles <- 0.000621371
fac_buffer <- list()
buff_int <- list()
buff_100 <- list()
buff_30 <- list()
state_fips <- unique(TIGER_boundary$STATEFP)

# takes 2.63 hours to run the loop with all states
for (j in 1:length(state_fips)) { # length(state_fips)

  boundary_points_filt <- TIGER_boundary_points %>%
    filter(STATEFP == state_fips[j])

  for (i in 1:length(Buffer_Dist)) {
    # Draw specified buffers around facility locations
    fac_buffer[[i]] <-
      st_buffer(boundary_points_filt, dist = Buffer_Dist[i] / dist_conv_metertomiles)

    # Intersect the facility buffers with CBG boundaries
    buff_int[[i]] <- st_intersection(fac_buffer[[i]], hawqs_huc12)

    # Calculate area of intersection
    buff_int[[i]]$Int_Area_m2 <- st_area(buff_int[[i]])

  }
  buff_100[[j]] <- buff_int[[1]] %>%
    st_drop_geometry() %>%
    select(GEOID, HUC12, Area_m2, Int_Area_m2)

  buff_30[[j]] <- buff_int[[2]] %>%
    st_drop_geometry() %>%
    select(GEOID, HUC12, Area_m2, Int_Area_m2)
}
proc.time() - ptm

## Combine Buffer Datasets ----------------------------------------------------
for (i in 1:length(buff_100)) {
  if (exists("buff_100_total")) {
    buff_100_temp <- buff_100[[i]]

    buff_100_total <- rbind(buff_100_total, buff_100_temp)
  } else {
    buff_100_total <- buff_100[[i]]
  }
}

for (i in 1:length(buff_30)) {
  if (exists("buff_30_total")) {
    buff_30_temp <- buff_30[[i]]

    buff_30_total <- rbind(buff_30_total, buff_30_temp)
  } else {
    buff_30_total <- buff_30[[i]]
  }
}

# Calculate the proportion of the HUC within each buffer
buff_100_total$HUC_RATIO_100 <- with(buff_100_total, Int_Area_m2/(Area_m2))
buff_30_total$HUC_RATIO_30 <- with(buff_30_total, Int_Area_m2/(Area_m2))

## Oversized Counties ----------------------------------------------------------
big_count_albers <- st_transform(big_count,
                                 crs="+proj=aea +lat_1=29.5 +lat_2=45.5 +lat_0=23 +lon_0=-96 +x_0=0 +y_0=0 +ellps=GRS80 +datum=NAD83 +units=m +no_defs ")

big_count_points <- st_centroid(big_count_albers)

big_count_points$Split_GEOID <- ifelse(duplicated(big_count_points$GEOID)==FALSE, paste0(big_count_points$GEOID, "_1"), paste0(big_count_points$GEOID, "_2"))

### Buffer and Intersect Loop ---------------------------------------------------
ptm <- proc.time()
dist_conv_metertomiles <- 0.000621371
fac_buffer_BC <- list()
buff_int_BC <- list()
buff_100_BC <- list()
buff_30_BC <- list()

for (j in 1:length(big_st)) { # length(state_fips)

  boundary_points_filt_BC <- big_count_points %>%
    filter(STATEFP == big_st[j])

  for (i in 1:length(Buffer_Dist)) {
    # Draw specified buffers around facility locations
    fac_buffer_BC[[i]] <-
      st_buffer(boundary_points_filt_BC, dist = Buffer_Dist[i] / dist_conv_metertomiles)

    # Intersect the facility buffers with CBG boundaries
    buff_int_BC[[i]] <- st_intersection(fac_buffer_BC[[i]], hawqs_huc12)

    # Calculate area of intersection
    buff_int_BC[[i]]$Int_Area_m2 <- st_area(buff_int_BC[[i]])

  }
  buff_100_BC[[j]] <- buff_int_BC[[1]] %>%
    st_drop_geometry() %>%
    select(GEOID, Split_GEOID, HUC12, Area_m2, Int_Area_m2)

  buff_30_BC[[j]] <- buff_int_BC[[2]] %>%
    st_drop_geometry() %>%
    select(GEOID, Split_GEOID, HUC12, Area_m2, Int_Area_m2)
}
proc.time() - ptm
### Combine Buffer Datasets ----------------------------------------------------
for (i in 1:length(buff_100_BC)) {
  if (exists("buff_100_total_BC")) {
    buff_100_temp <- buff_100_BC[[i]]

    buff_100_total_BC <- rbind(buff_100_total_BC, buff_100_temp)
  } else {
    buff_100_total_BC <- buff_100_BC[[i]]
  }
}

for (i in 1:length(buff_30_BC)) {
  if (exists("buff_30_total_BC")) {
    buff_30_temp <- buff_30_BC[[i]]

    buff_30_total_BC <- rbind(buff_30_total_BC, buff_30_temp)
  } else {
    buff_30_total_BC <- buff_30_BC[[i]]
  }
}

# Calculate the proportion of the HUC within each buffer
buff_100_total_BC$HUC_RATIO_100 <- with(buff_100_total_BC, Int_Area_m2/(Area_m2))
buff_30_total_BC$HUC_RATIO_30 <- with(buff_30_total_BC, Int_Area_m2/(Area_m2))

# Bind Regular and Oversize Areas together ------------------------------------
buff_100_total$Split_GEOID <- buff_100_total$GEOID
buff_30_total$Split_GEOID <- buff_30_total$GEOID

buff_100_bind <- rbind(buff_100_total, buff_100_total_BC)
buff_30_bind <- rbind(buff_30_total, buff_30_total_BC)

# Format Data for Analysis ----------------------------------------------------
## Summarize HAWQS Wetland Areas by HUC12 -------------------------------------
hru_wetland <- hawqs_hru %>%
  rename(HUC12 = Subbasin) %>%
  group_by(HUC12) %>%
  summarise(TotalWetlandArea = sum(HruArea[Land_Use=="AGWT" | Land_Use=="AGWF" | Land_Use=="RIWF" | Land_Use=="RIWN" | Land_Use=="UPWF" | Land_Use=="UPWN"]),
            ForestWetlandArea = sum(HruArea[Land_Use=="AGWF" | Land_Use=="RIWF" | Land_Use=="UPWF"]))

# Merge buffer data frames
buff_merge <- merge(buff_100_bind, buff_30_bind, by = c("Split_GEOID", "HUC12"), all.x = T)

## Merge Datasets -------------------------------------------------------------
### Join summarized wetland areas to HUC12 boundaries by HUC12
hawqs_wetland_changes_merge <- Reduce(function(x, y) merge(x=x, y=y, by="HUC12", all.x=T),
       list(buff_merge, hru_wetland, orm))

hawqs_wetland_changes_summary <- hawqs_wetland_changes_merge %>%
  group_by(Split_GEOID) %>%
  summarise(Prop.Forested = (sum((ForestWetlandArea*HUC_RATIO_100))/sum((TotalWetlandArea*HUC_RATIO_100))),
            Baseline.Wetlands = sum(TotalWetlandArea),
            Prop.local = sum((TotalWetlandArea*HUC_RATIO_30), na.rm = T)/sum((TotalWetlandArea*HUC_RATIO_100), na.rm = T),
            impacts.NWPR.perm = sum((PERM_TOTAL_NWPR*HUC_RATIO_100), na.rm = T),
            impacts.Rapanos.perm = sum((PERM_TOTAL_Rapanos*HUC_RATIO_100), na.rm = T),
            impacts.NWPR.temp = sum((TEMP_TOTAL_NWPR*HUC_RATIO_100), na.rm = T),
            impacts.Rapanos.temp = sum((TEMP_TOTAL_Rapanos*HUC_RATIO_100), na.rm = T)) %>%
  mutate(GEOID = substr(Split_GEOID, 1, 5))

### QA - how many HUC12s have missing wetland change data? Over half.
length(unique(hawqs_wetland_changes_merge$HUC12[is.na(hawqs_wetland_changes_merge$PERM_ACRES_CHANGE)]))/
  length(unique(hawqs_wetland_changes_merge$HUC12))

### QA - how many HUC12s have missing wetland data? Less than 3% but mostly in region 08; 0804 and 0808
length(unique(hawqs_wetland_changes_merge$HUC12[is.na(hawqs_wetland_changes_merge$TotalWetlandArea)]))/
  length(unique(hawqs_wetland_changes_merge$HUC12))
#*# AL: Created a data frame so you could investigate further.
wetland_area_issues <- hawqs_wetland_changes_merge[which(is.na(hawqs_wetland_changes_merge$TotalWetlandArea)), ]

### Join boundary polygons with census data by GEOID
census_wetland_merge <- merge(hawqs_wetland_changes_summary, cen_data_wide, by = "GEOID") %>%
  mutate(STATEFP = substr(GEOID,1,2))

## Read in Woods and Poole Data -----------------------------------------------
wp_data_raw <- read.csv(paste0(wood_poole_path, "Woods_and_Poole_2021_CountyData_v2.csv"))

wp_data <- wp_data_raw %>%
  mutate(GEOID = trimws(str_sub(CountyName, (nchar(CountyName)-6), (nchar(CountyName)-1))),
         State = trimws(str_sub(CountyName, (nchar(CountyName)-19), (nchar(CountyName)-17))))

we <- census_wetland_region$GEOID
wp <- wp_data$GEOID
ans <- setdiff(we, wp) # 51 missing FIPS codes from VA

### Join Region Crosswalk and Format Final Output -----------------------------
census_wetland_region <- merge(census_wetland_merge, State_xwalk, by.x = "STATEFP", by.y = "st", all.x = T) %>%
  mutate(`ln(Median Income)` = log(B19013_001)) %>%
  select(GEOID, Split_GEOID, stusps, `ln(Median Income)`, sagulf, nema, nmw, Prop.Forested, Prop.local, Baseline.Wetlands, impacts.NWPR.perm,
         impacts.Rapanos.perm, impacts.NWPR.temp, impacts.Rapanos.temp) %>%
  filter(!GEOID %in% ans | stusps == "HI")

# Persons per Household -------------------------------------------------------
# DP02_0016E
cen_pphh <- cen_data %>%
  filter(variable == "DP02_0016")

# QA Number of Row between Census Wetland region and HH WTP
setdiff(census_wetland_region$GEOID, hh_wtp$GEOID)
setdiff(hh_wtp$GEOID, census_wetland_region$GEOID)

# Merge HH WTP and 100-mile buffer
wetlands_hhwtp <- merge(census_wetland_region, hh_wtp, by = "GEOID")

# Write output files ----------------------------------------------------------
write.csv(census_wetland_region, paste0(Output_path, "WOTUS_100milebuffer_wetlandanalysis_6-15-22.csv"), row.names=FALSE)
write.csv(hh_wtp, paste0(Output_path, "WOTUS_100milebuffer_HouseholdWTP_6-15-22.csv"), row.names=FALSE)
write.xlsx(census_wetland_region, paste0(Output_path, "WOTUS_100milebuffer_wetlandanalysis_6-15-22.xlsx"))
write.xlsx(hh_wtp, paste0(Output_path, "WOTUS_100milebuffer_HouseholdWTP_6-15-22.xlsx"))

# Alaska ---------------------------------------------------------------------
# msa <- st_read(paste0(Input_path, "Alaska_MSA_sub.shp"))
#
# msa$Split_GEOID <- ifelse(duplicated(msa$GEO_ID)==TRUE, paste0(msa$GEO_ID, "_S"), paste0(msa$GEO_ID))
#
#
# msa_albers <- st_transform(msa,
#                crs="+proj=aea +lat_1=29.5 +lat_2=45.5 +lat_0=23 +lon_0=-96 +x_0=0 +y_0=0 +ellps=GRS80 +datum=NAD83 +units=m +no_defs ")
#
# msa_points <- st_centroid(msa_albers)
#
# ### Buffer and Intersect Loop ---------------------------------------------------
# ptm <- proc.time()
# dist_conv_metertomiles <- 0.000621371
# ak <- "AK"
# fac_buffer_AK <- list()
# buff_int_AK <- list()
# buff_100_AK <- list()
# buff_30_AK <- list()
#
# boundary_points_filt_AK <- msa_points
#
#   for (i in 1:length(Buffer_Dist)) {
#     # Draw specified buffers around facility locations
#     fac_buffer_AK[[i]] <-
#       st_buffer(boundary_points_filt_AK, dist = Buffer_Dist[i] / dist_conv_metertomiles)
#
#     # Intersect the facility buffers with CBG boundaries
#     buff_int_AK[[i]] <- st_intersection(fac_buffer_AK[[i]], hawqs_huc12)
#
#     # Calculate area of intersection
#     buff_int_AK[[i]]$Int_Area_m2 <- st_area(buff_int_AK[[i]])
#
#   }
# buff_100_total_AK <- buff_int_AK[[1]] %>%
#     st_drop_geometry() %>%
#     select(GEO_ID, Split_GEOID, HUC12, Area_m2, Int_Area_m2)
#
# buff_30_total_AK <- buff_int_AK[[2]] %>%
#     st_drop_geometry() %>%
#     select(GEO_ID, Split_GEOID, HUC12, Area_m2, Int_Area_m2)
#
#
# ### Combine Buffer Datasets ----------------------------------------------------
# # for (i in 1:length(buff_100_AK)) {
# #   if (exists("buff_100_total_AK")) {
# #     buff_100_temp <- buff_100_AK[[i]]
# #
# #     buff_100_total_AK <- rbind(buff_100_total_AK, buff_100_temp)
# #   } else {
# #     buff_100_total_AK <- buff_100_AK[[i]]
# #   }
# # }
# #
# # for (i in 1:length(buff_30_AK)) {
# #   if (exists("buff_30_total_AK")) {
# #     buff_30_temp <- buff_30_AK[[i]]
# #
# #     buff_30_total_AK <- rbind(buff_30_total_AK, buff_30_temp)
# #   } else {
# #     buff_30_total_AK <- buff_30_AK[[i]]
# #   }
# # }
#
# # Calculate the proportion of the HUC within each buffer
# buff_100_total_AK$HUC_RATIO_100 <- with(buff_100_total_AK, Int_Area_m2/(Area_m2))
# buff_30_total_AK$HUC_RATIO_30 <- with(buff_30_total_AK, Int_Area_m2/(Area_m2))
#

# prop local -----------------------------------------------------------------
prop.local.avg <- census_wetland_region %>%
  group_by(stusps) %>%
  summarise(avg.prop.local = mean(Prop.local))

# write.csv(prop.local.avg, paste0(Output_path, "prop_local_avg.csv"), row.names = F)

states <- data.frame(state.name, state.abb)


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5812-5813]
[FR Doc No: 2012-2555]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0672]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Prominent and
Conspicuous Mark of Manufacturers on Single-Use Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
7, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0577.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:  Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Prominent and Conspicuous Mark of Manufacturers on Single-Use Devices
(OMB Control Number 0910-0577)--Extension

    Section 502 of the Federal Food, Drug, and Cosmetic Act (FD&C Act)
(21 U.S.C. 352), among other things, establishes requirements that the
label or labeling of a medical device must meet so that it is not
misbranded and subject to regulatory action. Section 301 of the Medical
Device User Fee and Modernization Act of 2002 (Pub. L. 107-250) amended
section 502 of the FD&C Act to add section 502(u) to require devices
(both new and reprocessed) to bear prominently and conspicuously the
name of the manufacturer, a generally recognized abbreviation of such
name, or a unique and generally recognized symbol identifying the
manufacturer. Thus, the name for this information collection activity
has been changed to more accurately describe the information collection
content.
    Section 2(c) of the Medical Device User Fee Stabilization Act of
2005 (Pub. L. 109-43) amends section 502(u) of the FD&C Act by limiting
the provision to reprocessed single-use devices (SUDs) and the
manufacturers who reprocess them. Under the amended provision, if the
original SUD or an attachment to it prominently and conspicuously bears
the name of the manufacturer, then the reprocessor of the SUD is
required to identify itself by name, abbreviation, or symbol, in a
prominent and conspicuous manner on the device or attachment to the
device. If the original SUD does not prominently and conspicuously bear
the name of the manufacturer, the manufacturer who reprocesses the SUD
for reuse may identify itself using a detachable label that is intended
to be affixed to the patient record.
    The requirements of section 502(u) of the FD&C Act impose a minimal
burden on industry. This section of the FD&C Act only requires the
manufacturer, packer, or distributor of a device to include their name
and address on the labeling of a device. This information is readily
available to the establishment and easily supplied. From its
registration and premarket submission database, FDA estimates that
there are 10 establishments that distribute approximately 1,000
reprocessed SUDs. Each response is anticipated to take 0.1 hours
resulting in a total burden to industry of 100 hours.
    In the Federal Register of September 27, 2011 (76 FR 59704), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
        FD&C Act section             Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per  response
----------------------------------------------------------------------------------------------------------------
502(u)..........................              10             100           1,000              .1             100
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: February 1, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-2555 Filed 2-3-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: July 2, 2009 (Volume 74, Number 126)]
[Proposed Rules]
[Page 31811-31817]
[DOCID:fr02jy09-19]

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

Part III

Department of Transportation

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

National Highway Traffic Safety Administration

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

49 CFR Chapter V

Consumer Assistance To Recycle and Save Act of 2009; Proposed Rule

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Chapter V

[Docket No. NHTSA-2009-0109]

Consumer Assistance To Recycle and Save Act of 2009

AGENCY: National Highway Traffic Safety Administration (NHTSA);
Department of Transportation.

ACTION: Summary of the Consumer Assistance to Recycle and Save Act of
2009 and notice of upcoming rulemaking proceeding.

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

SUMMARY: To inform consumers, dealers, and other interested persons
about the Consumer Assistance to Recycle and Save Act of 2009 (CARS Act
or the Act), this agency is publishing a brief summary of the Act's key
features in question and answer format. The Act establishes a new
program under which the government will provide $3,500 or $4,500 to
help consumers purchase or lease a new, more fuel efficient car, van,
sport utility vehicle or pickup truck from a participating dealer when
they trade in an old, less fuel efficient vehicle. This notice also
describes the steps that the agency is taking to enable it to meet its
twin responsibilities under the Act: establishing an effective program
for promptly making money available under the CARS Act for eligible
purchases and leases, and exercising due diligence in guarding against
the possibility of fraud.

FOR FURTHER INFORMATION CONTACT: You may obtain additional information
about the CARS program by calling 1-866-CAR-7891. It is dedicated to
calls about the program. For technical issues, you may contact Mr.
Frank Borris, Office of Enforcement, by telephone at<PHONE_NUMBER>.
For legal issues, you may contact Mr. David Jasinski, Office of Chief
Counsel, by telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

About the CARS Act

    On June 24, the President signed the Consumer Assistance to Recycle
and Save Act of 2009 into law.\1\ The Act directs NHTSA to set up a
program in which owners of vehicles meeting statutorily specified
criteria may receive a monetary credit for trading in their vehicle and
purchasing or leasing certain new vehicles. If all of the conditions of
eligibility are met, NHTSA would make an electronic payment to the
dealer equal to the amount of the credit after the dealer provides
NHTSA with sufficient documentation relating to the transaction. The
vehicle that was traded in would then be disposed of (i.e., crushed or
shredded) in a manner that ensures it would never be used again,
although parts of the vehicle, other than the engine block and drive
train,\2\ may be sold prior to disposal.
---------------------------------------------------------------------------

    \1\ The CARS Act is part (Title XIII) of the Supplemental
Appropriations Act, Public Law 111-32, 123 Stat. 1859.
    \2\ Under certain conditions, which are explained later in this
notice, the drive train too may be sold.
---------------------------------------------------------------------------

    The Act requires NHTSA to issue final regulations implementing the
CARS Act within 30 days after the enactment of the Act, i.e., by July
24. The nearness of this statutory deadline precludes the issuance of a
notice of proposed rulemaking seeking public comment. The regulations
must, among other things:
    (1) Set up a means for registering dealers to participate in the
program;
    (2) Set forth the procedures for reimbursing dealers participating
in the program;
    (3) Require that dealers use the credit as an addition to, instead
of as a substitute for, other rebates and discounts advertised by the
dealer or offered by the manufacturer;
    (4) Require that dealers disclose to the person trading in an
eligible vehicle the best estimate of the scrappage value of such
vehicle and authorize dealers to retain $50 of the amount paid for the
scrappage value as payment for the administrative costs of the program;
\3\
---------------------------------------------------------------------------

    \3\ Allocation of any remaining scrappage fees is subject to
negotiation between the dealer and purchaser.
---------------------------------------------------------------------------

    (5) Establish, in consultation with the Environmental Protection
Agency (EPA), requirements and procedures for the disposal of eligible
trade-in vehicles; and
    (6) Provide for a means to enforce penalties for violations of the
program requirements.
    NHTSA must also, not later than July 24, and in consultation with
the EPA, make available on an Internet Web site information about the
program, including instructions on
     How to determine if a vehicle is an eligible trade-in
vehicle;
     How to participate in the program;
     How to determine if a dealer is participating in the
program; as well as a comprehensive list, by make and model, of
eligible new vehicles that may purchased as part of the program.
    Because NHTSA will need several weeks to develop and issue a final
rule implementing the Act, we are issuing this notice providing general
information about the requirements of the CARS Act. NHTSA has already
established a Web site, http://www.cars.gov, which provides overview
information about the program. The agency will periodically update that
information. To address additional questions regarding the CARS
program, NHTSA has expanded the capacity of the NHTSA hotline (888)
327-4236, TTY:<PHONE_NUMBER> (available Monday-Friday, 8 a.m. to 10
p.m.). Beginning June 27, the number will be available for CARS calls
on Saturdays 10 a.m.-8 p.m. Beginning July 1, we will have a new
number, 1-866-CAR-7891, dedicated to calls about the program.
    As appropriate in taking these steps, NHTSA is actively consulting
with the EPA.

What Is the CARS program?

    The Car Allowance Rebate System is a new program from the
government that will help you pay for a new, more fuel-efficient
vehicle from a participating dealer when you trade in a less fuel
efficient one.

When Does the CARS Program Begin; How Will NHTSA Handle Trade-Ins That
Are Made Between July 1 and the Issuance of the Final Rule?

    While the CARS Act makes transactions on and after July 1
potentially eligible for credits under the CARS program, interested
dealers and consumers may want to wait until all of the detailed issues
that must be addressed in the implementing regulations are resolved and
the final rule is issued. Issuance will occur around July 23. At that
point, NHTSA will have in place detailed provisions about establishing
eligibility and a system to ensure the prompt payment of money for
credits used under the CARS program.
    If dealer choose to structure a transaction before the final rule
is issued, they will bear the risks associated with later demonstrating
that the transaction meets all of the specifications of the final rule.
The dealers should also give the credit to the consumer at the time of
such transaction. The dealer would be reimbursed by NHTSA later if the
dealer registers and submits documentation sufficient to demonstrate
that the transaction was an eligible one, that the traded-in vehicle
was properly disposed of, and that all requirements in the final rule
were met.

When Does the CARS Program End?

    The CARS Act provides two limitations on the duration of the
program. First, the program ends

November 1, 2009. Second, NHTSA has been appropriated a fixed sum of
money ($1 billion) to fund the program. Thus, under current law, the
program will end on November 1, 2009, or when the appropriated funds
are exhausted, whichever occurs first. Consumers and dealers are
advised that, in the event NHTSA exhausts funds before the end of the
program, NHTSA will be unable to reimburse dealers for some otherwise
eligible transactions, even if the transactions have already occurred.
NHTSA will develop a method of providing consumers and dealers with
information regarding the amount of remaining program funds.

Do I Need To Obtain a Paper Voucher That I Can Redeem When I Go To
Purchase or Lease a New Vehicle?

    No. Under the CARS Act, consumers will not receive vouchers or
money directly from the government. Instead, automobile dealers would
credit the applicable amount against the cost of purchasing or leasing
an eligible new vehicle and then apply to NHTSA for reimbursement.
NHTSA would then reimburse dealers for the amount of the credit through
an electronic transfer of funds, assuming that the agency determines
that all program requirements have been met.

Is the Credit Subject To Being Taxed as Income to the Consumers or
Dealers that Participate in the Program?

    The CARS Act expressly provides that the credit is not income for
the consumer. However, the credit will be considered as income for the
dealer.

How Do I Know Which Dealers Are Participating in the CARS Program?

    The CARS Act requires that NHTSA set up a system for registering
dealers to participate in the program and make available on the
Internet information that will enable the public to determine whether a
dealer is participating in the program. We are working to set up such a
system and expect to make that information available on the program's
Web site, http://www.cars.gov, which will be accessible directly or
from a link on NHTSA's home page, http://www.nhtsa.gov. Consumers can
also contact dealers to ask whether they plan to participate in the
program. The CARS Act requires that dealers be licensed by their
respective State for the sale of new automobiles in order for them to
participate in the program. NHTSA will complete the registration
process as soon as possible.

What Vehicles Are Eligible To Be Traded in Under the CARS Program?

    The CARS Act establishes four criteria for eligible trade-in
vehicles:
    (1) The trade-in vehicle must be in drivable condition;
    (2) The trade-in vehicle must have been continuously insured, in
accordance with State law, and registered in the same owner's name for
the one-year period immediately prior to the trade in;
    (3) The trade-in vehicle must have been manufactured not earlier
than 25 years before the date of trade in \4\ and, in the case of a
category 3 vehicle, must also have been manufactured not later than
model year 2001; and
---------------------------------------------------------------------------

    \4\ This means that all pre-model year 1984 vehicles, and most
model year 1984 vehicles, are not eligible as trade in vehicles.
---------------------------------------------------------------------------

    (4) In the case of a passenger automobile, category 1 truck, and
category 2 truck, as those terms are defined in the Act, the vehicle
must have a combined fuel economy value of 18 miles per gallon or
less.\5\ (These truck categories are explained below.)
---------------------------------------------------------------------------

    \5\ There is no minimum for category 3 trucks because they do
not have any miles-per-gallon ratings.
---------------------------------------------------------------------------

    Vehicles that do not meet all four criteria are not eligible to be
traded in under the CARS program.

How Can I Find Out When My Trade in Vehicle Was Manufactured?

    The month and year of manufacture (e.g., 1-96 (January 1996))
appear on the safety standard certification label that is located on
the frame or edge of the driver's door in most vehicles. In the sample
label below, that information is located in the upper right hand
corner. It may appear in a different location on the label on your
vehicle.
[GRAPHIC] [TIFF OMITTED] TP02JY09.009

How Can I Determine the Fuel Economy of My Trade in Vehicle?

    The CARS Act requires that, by July 24, NHTSA set up a location on
the program Web site, http://www.cars.gov, to assist consumers in
determining whether their vehicle is an eligible trade-in vehicle.
Until that part of the Web site is operational, consumers can visit
http://www.fueleconomy.gov/feg/findacar.htm and search for their
vehicle to find its combined fuel economy value.\6\ When searching that
Web site, consumers will need to know their vehicle's model year, make,
model, engine size, and transmission type. MPG requirements for model
year 1985 and newer vehicles are based on the Combined ``Estimated New
EPA MPG'' as given in the Find a Car section at http://
www.fueleconomy.gov.\7\ See the illustration below. Data for model year
1984 vehicles will be added to that section soon.
---------------------------------------------------------------------------

    \6\ The fuel economy information available through http://
www.cars.gov will be the same as that now available only through
http://www.fueleconomy.gov.
    \7\ It is important to note that the Environmental Protection
Agency (EPA) changed the way it estimated fuel economy beginning in
model year 2008. The new estimated combined EPA fuel economy for a
trade-in vehicle is likely to be less than the value that was listed
on the window sticker (Monroney label) of the vehicle when it was
sold as a new vehicle. EPA has converted all MPG estimates to the
new ratings system to help consumers compare the MPG of older and
newer cars. The converted estimates are referred to as ``new'' on
http://fueleconomy.gov.

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

[GRAPHIC] [TIFF OMITTED] TP02JY09.010

What New Vehicles May Be Acquired Under the CARS Program?

    The CARS Act applies to new vehicles. Thus, used vehicles do not
qualify under the program.
    The new vehicle must have a manufacturer's suggested retail price
of not more than $45,000. That price appears on the window sticker on
new vehicles.
    The new vehicle must also achieve minimum combined fuel economy
levels.\8\ For passenger automobiles, the new vehicle must have a
combined fuel economy value of at least 22 miles per gallon. For
category 1 trucks, the new vehicle must have a combined fuel economy
value of at least 18 miles per gallon. For category 2 trucks, the new
vehicle must have a combined fuel economy value of at least 15 miles
per gallon. Category 3 trucks have no minimum fuel economy requirement;
however, there are special requirements that apply to the purchase of
category 3 vehicles.
---------------------------------------------------------------------------

    \8\ A vehicle's combined fuel economy is a weighted average of
its city fuel economy and its highway fuel economy.
---------------------------------------------------------------------------

    As noted above, the CARS Act also requires that NHTSA make
available on an Internet Web site a comprehensive list of new vehicles
that meet the requirements of the program. Until that information is
posted on the program's Web site, consumers may determine whether a new
vehicle meets the fuel economy requirements of the program in two ways.
First, the combined fuel economy of a new vehicle will be posted under
the heading ``Combined Fuel Economy'' on the window sticker (``Monroney
label'') of a new vehicle. Second, you may also find the combined fuel
economy value of a new vehicle by visiting http://www.fueleconomy.gov/
feg/findacar.htm and searching for their vehicle to find its combined
fuel economy value. When searching that Web site, consumers will need
to know their vehicle's model year, make, model, engine size, and
transmission type.

May I Lease, Instead of Purchase, a Vehicle Under the CARS Program?

    Yes. The credit given for trading in an eligible vehicle may be
used to offset the cost of leasing a new vehicle. However, the CARS Act
requires that any lease under the program be for a period of at least
five years.

How Do I Determine Whether the Vehicle I Want To Purchase or Lease Is a
Passenger Automobile or a Category 1, 2, or 3 Truck?

    The CARS Act divides the eligible vehicles into four groups:
Passenger automobiles; category 1 trucks; category 2 trucks; and
category 3 trucks.\9\ NHTSA will soon publish a list of the vehicles
that fall into these groups. For the present, we describe here the
statutory definitions, give examples of types of vehicles that satisfy
those definitions, and refer readers to the large table at the end of
this notice.
---------------------------------------------------------------------------

    \9\ Section 1302(i) of the CARS Act defines those categories
largely with reference to statutory categories of vehicles subject
to the Corporate Average Fuel Economy (CAFE) Standards as follows:
    (1) The term ``passenger automobile'' means a passenger
automobile, as defined in section 32901(a)(18) of title 49, United
States Code, that has a combined fuel economy value of at least 22
miles per gallon;
    (2) The term ``category 1 truck'' means a nonpassenger
automobile, as defined in section 32901(a)(17) of title 49, United
States Code, that has a combined fuel economy value of at least 18
miles per gallon, except that such term does not include a category
2 truck;
    (3) The term ``category 2 truck'' means a large van or a large
pickup, as categorized by the Secretary using the method used by the
Environmental Protection Agency and described in the report entitled
`Light-Duty Automotive Technology and Fuel Economy Trends: 1975
through 2008';\9\
    (4) The term ``category 3 truck'' means a work truck, as defined
in section 32901(a)(19) of title 49, United States Code.
---------------------------------------------------------------------------

    The term ``passenger automobile'' and its definition are borrowed
from the fuel economy statute. The definition excludes from that term
(1) vehicles that NHTSA has determined are not manufactured primarily
for transporting persons and (2) vehicles that are capable of off-
highway operation. Vehicles not manufactured primarily for transporting
persons include pickup trucks and certain vehicles that permit expanded
use of the vehicle for cargo-carrying purposes. See 49 CFR 523.5(a).
Under NHTSA's regulations (49 CFR 523.5(b)), there are two groups of
vehicles with capability of off-highway operation. The first includes
vehicles that have 4-wheel drive and have at least four out of five
specified physical characteristics relating to ground clearance. The
second includes vehicles that are rated at more than 6,000 pounds gross
vehicle weight and have at least four out of five specified physical
characteristics relating to ground clearance, but do not have 4-wheel
drive. Passenger automobiles are what are commonly known as passenger
cars.
    A category 1 truck is a nonpassenger automobile. This category
includes sport utility vehicles (SUVs), small and medium pickup trucks
and small and medium passenger and cargo vans.\10\
---------------------------------------------------------------------------

    \10\ As noted in a preceding footnote, the statutory definition
of the term ``category 2 truck'' is based on the categorization
method used by the Environmental Protection Agency and described in
the report entitled `Light-Duty Automotive Technology and Fuel
Economy Trends: 1975 through 2008.'' Based on that method of
categorization, large vans and pickup trucks, which would otherwise
fall within category 1, instead fall within category 2. The method
is based primarily on published wheelbase data according to the
following criteria:

----------------------------------------------------------------------------------------------------------------
                                             Pickup                    Van                       SUV
----------------------------------------------------------------------------------------------------------------
Small..............................  Less than 105''.......  Less than 109''.......  Less than 100''.
Midsize............................  105'' to 115''........  109'' to 124''........  100'' to 110''.
Large..............................  More than 115''.......  More than 124''.......  More than 110''.
----------------------------------------------------------------------------------------------------------------

    A category 2 truck is a large van or a large pickup truck, based
upon the length of the wheelbase (more than 115 inches for pickup
trucks and more than 124 inches for vans). Note: some pickup trucks and
cargo vans exceeding these thresholds are treated as category 3 trucks
instead of category 2 trucks.
    A category 3 truck is a work truck and is rated between 8,500 and
10,000 pounds gross vehicle weight. This category includes very large
pickup trucks (those with cargo beds 72 inches or more in length) and
very large cargo vans.
    By July 24, NHTSA will make available on an Internet Web site a
comprehensive list of the trucks that fall into these categories and
meet the requirements of the program.

What Is the Value of the Credit for the Purchase or Lease of a New
Passenger Car?

    The value of the credit for the purchase or lease of a new
passenger car depends upon the difference between the combined fuel
economy of the vehicle that is traded in and that of the new vehicle
that is purchased or leased. If the new vehicle has a combined fuel
economy that is at least 4, but less than 10, miles per gallon higher
than the traded-in vehicle, the credit is $3,500. If the new vehicle
has a combined fuel economy value that is at least 10 miles per gallon
higher than the traded-in vehicle, the credit is $4,500.

What Is the Value of the Credit for the Purchase or Lease of a New Van,
Pickup Truck or SUV?

    The value of the credit given for the purchase or lease of a
category 1 or 2 truck also generally depends on the difference between
the combined fuel economy of the vehicle that is traded in and that of
the new vehicle that is purchased or leased. If the new vehicle is a
category 1 truck that has a combined fuel economy value that is at
least 2, but less than 5, miles per gallon higher than the traded-in
vehicle, the credit is $3,500. If the new category 1 truck has a
combined fuel economy value that is at least 5 miles per gallon higher
than the traded-in vehicle, the credit is $4,500.
    If both the new vehicle and the traded-in vehicle are category 2
trucks and the combined fuel economy value of the new vehicle is at
least 1, but less than 2, miles per gallon higher than the combined
fuel economy value of the traded in vehicle, the credit is $3,500. If
both the new vehicle and the traded-in vehicle are category 2 trucks
and the combined fuel economy of the new vehicle is at least 2 miles
per gallon higher than that of the traded-in vehicle, the credit is
$4,500. A $3,500 credit applies to the purchase or lease of a category
2 truck if the trade-in vehicle is a category 3 (work) truck that was
manufactured not later than model year 2001, but not earlier than 25
years before the date of the trade in.

What Rules Apply to New Work Trucks?

    A work truck, which is called a category 3 truck under the CARS
Act, is subject to special rules. Work trucks are not rated for fuel
economy by the EPA. Thus, the eligibility of work trucks for the
program does not depend on combined fuel economy. Instead, work trucks
may only be traded in under the program if they were manufactured not
later than model year 2001 and not earlier than 25 years before the
date of the trade in. In addition, work trucks may only be traded in
for the purchase of a category 2 truck or another category 3 truck that
is of similar size or smaller than the traded-in vehicle. Finally, the
Act provides only for a $3,500 credit for trading in a work truck.
    The CARS Act limits the amount of funds that can be used to provide
credits for purchases or leases of work trucks. Only 7.5 percent of the
funds appropriated for the program may be used for credits for work
trucks. Once that limit is reached, NHTSA will stop making payments for
these transactions. NHTSA will keep the public informed as to the funds
that remain available for these credits.

Can I Use the Credit in Combination With Manufacturer Rebates or
Discounts?

    The CARS Act requires the dealer to use the credit under the CARS
program in addition to any rebates or discounts advertised by the
dealer or offered by the new vehicle's manufacturer. The dealer may not
use the credit to offset these rebates and discounts.

Can I Combine This Credit With Other Government Incentives?

    Yes. You can combine this with other State and Federal incentives,
such as the hybrid vehicle credit. For information on this credit, go
to http://www.fueleconomy.gov/Feg/tax_hybrid.shtml.

May I Receive or Use More Than One Credit Under the CARS Program?

    No, the CARS Act specifies that not more than one credit may be
issued to a single person, not more than one credit may be issued for
joint registered owners of a single eligible trade-in vehicle, and that
only one credit under this program may be applied toward the purchase
or lease of any single new vehicle.

Can Dealers Charge Me a Fee for Buying or Leasing a Vehicle Under the
CARS Program?

    While dealers can charge their normal types of fees, the CARS Act
specifically prohibits dealers from charging a fee for purchasing or
leasing a vehicle under the program.

What Will I Need To Bring to the Dealer in Order To Participate in the
Program?

    You should bring documentation establishing the identity of the
person who currently owns the vehicle, preferably the title of the
vehicle, and documentary proof that the vehicle ``has been continuously
insured consistent with the applicable State law and registered to the
same owner for a period of not less than 1 year immediately prior to
the trade-in.'' \11\ The final rule will specify what types of
documentation would be acceptable.
---------------------------------------------------------------------------

    \11\ See section 1302(i)(7) of the CARS Act.
---------------------------------------------------------------------------

What Happens to the Vehicle I Trade In?

    The CARS Act requires that the trade-in vehicle be crushed or
shredded so that it will not be resold for use in the United States or
elsewhere as an automobile. The entity crushing or shredding the
vehicles in this manner will be allowed to sell some parts of the
vehicle prior to crushing or shredding it, but these parts cannot
include the engine or the drive train.\12\
---------------------------------------------------------------------------

    \12\ However, if ``the transmission, drive shaft, or rear end
are sold as separate parts,'' the drive train may be sold.
---------------------------------------------------------------------------

How and When Will NHTSA Provide More Details About the CARS Program?

    The rule implementing the CARS Act will provide specific detail
regarding the process for registering dealers, the manner in which
dealers will be reimbursed for eligible transactions, the requirements
and procedures for disposing of trade-in vehicles, and the means for
enforcing the program's requirements. NHTSA must issue those
regulations on or before July 24, 2009, legislation.
    In the final rule, NHTSA will seek to balance the need to provide
prompt payment to dealers with the need to prevent fraud and preserve
records for the purposes of enforcing program requirements. NHTSA is
meeting with a variety of groups to ensure that a proper balance is
struck. NHTSA will also need to set up and staff a new office to
administer the CARS program.

Why Is Fuel Economy Important?

    Buying a fuel efficient vehicle is important because it can:
     Save you money.
    You can reduce fuel costs each year by choosing the most efficient
vehicle that meets your needs.
     Reduce greenhouse gas emissions.
    Carbon dioxide (CO2) from burning gasoline and diesel
contributes to global climate change. You can do your part to reduce
climate change by reducing your carbon footprint.
     Improve energy security and reduce oil dependence costs.
    Our dependence on oil makes us vulnerable to oil market
manipulation and price shocks.
     Increase energy sustainability.
    Oil is a non-renewable resource, and we cannot sustain our current
rate of use indefinitely. Using it wisely now allows us time to find
alternative technologies and fuels that will be more sustainable.
    For more information on the importance of better fuel economy, go
to  http://www.fueleconomy.gov/feg/why.shtml. For the 2009 Fuel Economy
Guide, go to http://www.fueleconomy.gov/feg/FEG2009.pdf.

What Will NHTSA Do To Guard Against Fraud and Ensure That the CARS
Payments Go to the Right People?

    NHTSA is aware that some organizations have already begun to convey
incorrect information about how dealers and individuals can participate
in the CARS program. The only official site providing information on
this system is the agency's Web site, http://www.cars.gov. Note that
the suffix ``.gov'' indicates it is an official government site. Other
sites may or may not have correct information, but none plays an
official role in this program. We urge great caution in providing any
information over the Internet to any Web site that purports to be
related to this program. The CARS program will not request electronic
submission of information from individual consumers.
    NHTSA is working to create a system that will provide payments only
for eligible transactions under the CARS program. Under the law, NHTSA
will make electronic funds transfers only to a registered dealer that
has submitted the required proof of a completely eligible transaction.
We will develop a registration system to identify licensed, franchised
new vehicle dealers and to obtain the banking and tax identification
information necessary for making secure electronic transfers. Only
registered dealers will have access to the payment system.
    As noted above, at the time of the transaction at the dealer, the
consumer who is trading in the ``trade-in vehicle'' will need to
provide evidence of ownership of the vehicle and proof that the vehicle
has been continuously registered and insured to the same person
throughout the last 12 months. To prevent repeated use of the program
by the same person, we anticipate that the consumer will need to
provide evidence of identity, such as a driver's license, and permit
that information to become part of the documentation of the
transaction.
    The dealer will have every reason to avoid entering into a
transaction for which the dealer cannot be reimbursed under this
program. The dealer will be expected to verify that the vehicle being
traded in and the vehicle being purchased or leased are both eligible
under the program. This will entail, with regard to the trade-in,
making sure that the registration and insurance information is accurate
and that the vehicle is in drivable condition. For both vehicles, the
dealer will need to verify their combined fuel economy.
    With regard to the trade-in, NHTSA is considering various measures
to ensure that the vehicle is never used again as an automobile in this
or any other country. We intend to enforce the Act's requirements
strictly and vigorously and to conduct audits to detect any possible
violations. See the question below on penalties and enforcement
policies.

If I Think Fraud Is Being Committed, How Do I Report This?

    Please call the NHTSA Hotline, Monday-Friday 8 a.m. to 10 p.m. at
(888) 327-4236, TTY:<PHONE_NUMBER>. Beginning June 27, the number will
be available for CARS calls on Saturdays 10 a.m.--8 p.m. Beginning July
1, we will have a new number, 1-866-CAR-7891, dedicated to calls about
the program.
    You may also call the Hotline of the Office of the Inspector
General (OIG) at the U.S. Department of Transportation. The OIG Hotline
is an important tool that is used to facilitate the reporting of
allegations of fraud, waste, abuse, or mismanagement in the
Department's programs or operations, including the CARS program.
Allegations of fraud may be reported by DOT employees, grantees,
contractors or the general public. The Hotline is set up to receive
allegations in a variety of forms, including by e-mail
(hotline@oig.dot.gov), regular mail (DOT Inspector General, P.O. Box
708, Fredericksburg, VA 22404), fax<PHONE_NUMBER>) or a toll free
number (1-800-424-9071). OIG's Hotline is open 24 hours a day, seven
days a week and is operated by a third party contractor.

Are There Penalties for Violations Related to the CARS Program?

    Yes. The money Congress has provided for this program is intended
only for eligible recipients, and the requirement to destroy the trade-
in vehicle is an important part of the program. To protect consumers,
dealers, and others, NHTSA intends to enforce the Act and the
implementing regulations strictly. The CARS Act has provisions
specifically aimed at preventing fraud. A person who violates the Act
or the implementing regulations could be subject to a fine of up to
$15,000 per transaction. While NHTSA may provide discretionary relief
for innocent clerical errors, NHTSA intends to prevent fraud in the
first place and penalize any fraud that occurs.
    Willful misstatements or false reporting made to the government in
connection with the program may also make a person liable for criminal
penalties under applicable laws. See 18 U.S.C. 1001.

[GRAPHIC] [TIFF OMITTED] TP02JY09.011

    Issued on: June 26, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-15604 Filed 6-30-09; 4:15 pm]

BILLING CODE 4910-59-P