 1 INFORMATION COLLECTION REQUEST ( ICR) OMB 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR & RADIATION A. JUSTIFICATION 1. Identification of the Information Collection a. Title: Renewable Fuels Standard ( RFS) Program ( Proposed Rule)  EPA ICR No. 2242.01 b. Short characterization:

Section 1501 of the Energy Policy Act describes the RFS program. This provision was added to the Clean Air Act as Section 211( o), and requires EPA to establish a program to ensure that the pool of gasoline sold in the contiguous 48 states contains specific volumes of renewable fuel for each calendar year starting with 2006. Please refer to " Regulation of Fuels and Fuel Additives: Renewable Fuel Standard Program   Notice of Proposed Rulemaking" ( available in docket number EPA OAR 2005 0161) for a detailed discussion of the proposed RFS program. For compliance purposes, volumes of renewable fuel are identified through the use of renewable identification numbers ( RINs) that are initially generated by the producer of the renewable fuel.

There are three broad categories of parties who have registration, recordkeeping, and reporting related responsibilities. These are: 1) obligated parties ( refiners and importers of gasoline) and exporters of renewable fuel, 2) producers of renewable fuels, and 3) any party who owns RINs. The largest identifiable group who may own RINs are blenders, and as such, they are indicated separately on Table 1 of this supporting statement. The universe of parties who may own RINs may also include marketers, brokers, and others included in the estimates in Table 1.

The draft Regulatory Impact Analysis ( RIA) in the public docket cited provides additional detailed information about the regulated universe ( see Chapter 1).

The proposed registration and recordkeeping requirements are designed to mirror existing fuels programs to the extent possible, such as the reformulated gasoline ( RFG) and antidumping program ( EPA ICR series 1591) and diesel the sulfur program ( EPA ICR series 1718). Parties registered under these programs do not have to re register under the RFS program unless there is a change in their registration information. Most parties who are already registered would fall under the category of obligated parties ( refiners and importers). Some subset of blenders may also already be registered. 2 2. Need For, and Use of, the Collection a. Authority for the Collection Sections 114 and 208 of the Clean Air Act ( CAA), 42 U. S. C. § § 7414 and 7542, authorize EPA to require recordkeeping and reporting regarding enforcement of the provisions of Title II of the CAA.

b. Practical Utility/ Uses of the Data The recordkeeping and reporting requirements of this regulation will allow EPA to monitor compliance with the RFS program.

3. Non duplication, Consultation, and other Collection Criteria a. Non duplication Efforts have been made to eliminate duplication in this information collection. Where possible, information requirements from various organizations within the Agency have been combined to minimize the submittal of duplicate information in different formats. Parties who have previously registered under existing compliance programs such as RFG and anti dumping and diesel fuel and they will not be required to re register with EPA. The information in this collection will not be available from another source.

b. Public Notice EPA will announce opportunity for notice and comment regarding this ICR via the notice of proposed rulemaking.

c. Consultations We have drawn upon our experience with similar fuels regulations to develop these estimates. Interested parties may also be interested in reviewing " Chapter 1   Industry Characterization" of the draft Regulatory Impact Analysis ( RIA) available in the public docket for this proposed rule. Assumptions from the draft RIA were used for this supporting statement.

d. Effects of Less Frequent Data Collection We have designed the reporting schedule to coincide with existing reporting deadline applicable to many of the same parties under such programs as RFG and anti dumping and diesel 3 fuel. Less frequent collection of data would make it impossible to carry out the provisions of the CAA and EPAct.

e. General Guidelines This rule does not exceed any of the OMB guidelines.

f. Confidentiality We inform respondents that they may assert claims of business confidentiality ( CBI) for any or of the information they submit. Any information claimed as confidential will be treated in accordance with 40 CFR Part 2 and established Agency procedures. Information that is received without a claim of confidentiality may be made available to the public without further notice to the submitter under 40 CFR § 2.203.

g. Sensitive Information This information collection does not require submission of any sensitive information.

4. The Respondents and the Information Requested a. Respondents/ SIC Codes The respondents to this information collection include: petroleum refineries ( 2911), ethyl alcohol manufacturers ( 2869), other basic organic chemical manufacturing ( 2869), chemical and allied products merchant wholesalers ( 5169), petroleum bulk stations and terminals ( 5171), petroleum and petroleum products merchant wholesalers ( 5172), and other fuel dealers ( 5989).

b. Information Requested A) Reporting: The individual reports required from respondents are fully explained in section IV of the draft notice of proposed rulemaking. As with other fuels programs under 40 CFR Part 80, registration is required and compliance reports are submitted on an annual basis. Attest engagements are required on underlying records. " Table 1  Respondent Burden Hours & Costs," found on page 6 of this draft supporting statement, indicates the estimated burden per respondent per report. We anticipate providing respondents the opportunity to engage in simplified, electronic reporting via the Agency's Central Data Exchange ( CDX). Respondents must keep copies of all reports filed for five years.

B) Recordkeeping: Respondents must retain underlying records related to reports they file for five years. This period 4 is consistent with other fuels programs and with customary business practices ( CBP) for the industry. Respondents must transfer volumes of fuel with product transfer documentation or bills of lading, which is already done in the course of business. The only new burden we anticipate related to such documentation is related to the initial generation of RIN codes and this burden is included in Table 1.

5. The Information Collected, Agency Activities, Collection Methodology, and Information Management a. Agency Activities   All reports and registrations be reviewed by EPA for completeness and for potential violations.

  Potential violations will be referred to enforcement personnel.

  Registration numbers will be issued for new registrants.

  Reports and registrations will be stored by EPA in a secure location.

b. Collection and Methodology and Management We anticipate receiving data in a simplified and secure fashion via the Agency's CDX. Information claimed as CBI will be stored in appropriately controlled areas.

c. Small Entity Flexibility This collection will not adversely affect small entities. The notice of proposed rulemaking describes flexibility provisions available to small refiners; a one time burden is associated with applying for small refiner status and this burden has been minimized to the fullest extent possible.

d. Collection Schedule Registrations are received on a rolling basis, as updates may be sent in at any time and new parties may enter the regulated industry at any time. Most reporting is annual.

6. Estimating the Burden and Cost of Collection a. Estimating the Respondent Universe We drew upon experience implementing similar regulations among the same entities to develop estimates of the burden associated with this collection. 5 b. Estimating the Respondent Burden and Cost Three labor categories are involved: managerial ( includes legal and professional review), technical, and clerical. The estimates use the Bureau of Labor Statistics figures from " Employer Costs for Employee Compensation  Table 12  Private Industry, Manufacturing, and Non Manufacturing Industries by Occupational Group" ( December 2003), with a 3% annual inflation factor applied to bring the values to 2006. Using this method, the following wages and benefits apply by category:

Wages and Benefits Managerial $ 53.87 per hour Technical $ 35.29 per hour Clerical $ 24.56 per hour Doubling for company overhead beyond wages and benefits, and for convenience, rounding up to the dollar, gives the following rates for this ICR:

Total Employer Cost Managerial $ 108 per hour Technical $ 71 per hour Clerical $ 49 per hour The labor mix for the activities estimated will be about the same for each and is consistent with prior ICRs in this series. It is assumed that for each hour of activity the mix will be about 0.1 hour managerial, 0.7 hour technical, and 0.2 hour clerical. This gives an average labor cost of $ 71 per hour, which will be used in this ICR. 6 TABLE 1  Respondent Burden Hours & Costs ( Including Capital & Maintenance  O& M)

Collection Activity Number of Respondents Number of Responses per Respondent Total Number of Responses Hours per Response & Cost per Response Total Hours & Total Cost @ $ 71/ hour Total O& M Refiner and importer of gasoline (" obligated parties")

and exporter of renewable fuel registration 251 2 50 2

$ 142.00 100

$ 7,100 0 Renewable fuel producer registration 2802 1 280 43

$ 284.00 1,120

$ 79,520 0 1 Assumes 150 refiners ( rounded up from the draft RIA) and 75 importers. Virtually all in this identified universe of 225 are already registered; number of respondents includes new registrants ( exporters of renewable fuel). We have estimated 25 new registrants. Assumes two facilities/ reports per party.

2 Assumes 162 ethanol plants that may be on line by December 2012 ( 102 are on line now) plus 117 biodiesel plants in that time frame ( 53 are on line now); this yields 279, rounded up for convenience.

3 Although refiners and importers are familiar with registration, renewable fuel producers are new registrants. We assumed extra time in order to prepare the registration form. 7 Registration by blenders who own RINs 1,200 1 1,200 2

$ 142.00 2,400

$ 170,400 0 Registration by parties who own RINs other than blenders 3004 1 300 4

$ 284.00 1,200

$ 85,200 0 Obligated party ( refiner and importer) and exporters of renewable fuel's reporting related to compliance with the standard ( one report) 2505 1 250 4

$ 284.00 1,000

$ 71,000 0 4 The future market will determine the actual number of parties. We have estimated 100 brokers, 100 marketers, and 100 " other" parties ( e. g. jobbers, terminal owners) not covered by other reporting categories.

5 See note 1. 8 Obligated party ( refiner and importer) and exporters of renewable fuel's reporting related to RIN transactions and balances ( two related reports) 250 1 250 4

$ 284.00 1,000

$ 71,000 0 Renewable fuel producers'

annual reports related to renewable fuel production and RIN generation ( one report) 280 1 280 4

$ 284.00 1,120

$ 79,520 0 9 Renewable fuel producers'

reports related to RIN transactions and balances ( two related reports) 280 1 280 4

$ 284.00 1,120

$ 79,520 0 Blenders'

reports related to RIN transactions and balances ( two related reports) 1,200 1 1,200 4

$ 284.00 4,800

$ 340,800 0 Reports by parties other than blenders related to RIN transactions and balances ( two related reports) 300 1 300 4

$ 284.00 1,200

$ 85,200 0 10 Attest engagement by obligated parties ( refiners and importers)&

exporters of renewable fuel on three reports 250 1 250 * All PS ( see O& M) * All PS ( see O& M) $ 852,0006 Attest engagement by renewable fuel producers on three reports 280 1 280 * All PS ( see O& M) * All PS ( see O& M) $ 954,2407 Applications for general small refiner exemption 25 1 25 10

$ 710 250

$ 17,750 0 6 Assumes 8 hours for each report that is subject to the attest engagement per respondent ( 24 hours) for 250 respondents at $ 142/ hour ( double the estimated hourly rate for an employee).

7 Assumes 8 hours for each report that is subject to the attest engagement per respondent ( 24 hours) for 280 respondents at $ 142/ hour. 11 Applications for extension of small refiner exemption due to economic hardship 25 1 25 10

$ 710 250

$ 17,750 0 Total 4,945 Respondents  4,970 Responses  15,560 Hours

$ 1,104,760 Dollars

$ 1,806,240 Dollars ( all Purchased Services) 11 c. Estimating the Agency Burden and Cost EPA must generate company and facility registration number( s) for new registrants and notify them of these numbers, which must appear on reports. Report formats and instructions/ guidance must be prepared Agency personnel. Reports will be processed by contractors and must be reviewed by Agency personnel. No response back to the submitter is required for reports and attest engagements, unless a problem/ error is noted. Because we anticipate that much of the information submitted will be claimed as CBI, security measures and tools must be applied to protect the data.

We anticipate that many of our activities related to RFS will be similar to that of other fuels programs, including the reformulated gasoline and anti dumping program ( EPA ICR series 1591) and the diesel sulfur program ( EPA ICR series 1718). In an effort to simplify reporting for regulated parties, we are working to simplify and combine fuel related reporting activities and to store all data on a single, secure, closed local area network ( LAN). As discussed elsewhere in this supporting statement, we will be encouraging highly simplified, electronic methods of reporting through the Agency's CDX portal.

This supporting statement estimates a burden for the RFS program that is similar to that of other major fuels programs, particularly the RFG and anti dumping reporting program ( ICR series 1591) and that considers " start up" costs associated with accepting new registrants and new reports. Using the RFG and anti dumping ICR and other recent fuels related ICRs as a guide in developing these initial estimates for RFS, we anticipate that RFS may require the equivalent labor of two full time GS 13 technical employees for a total of $ 322,000, and may labor costs of $ 152,000 in the clerical category and $ 56,000 in the management category. 8 Most of the clerical category labor will be related to the start up effort of processing of new registrations and issuing of registration numbers. In addition, we estimate $ 483,000 in additional contract costs related to data processing and IT support services. 9 Additional IT costs may 8 These estimates are derived from " OPM Salary Table 2006 DCB," effective January 2006, covering Washington DC workers. This table may be found at http:// www. opm. gov/ oca/ 06tables/ indexGS. asp. The extreme of step 10 was assumed for all categories. We have assumed a full time GS 7 clerical worker, two full time GS 13 technical workers, and a GS 15 manager working one quarter of his/ her time managing this project ( 0.25). All values were multiplied by 1.6 ( which is a common factor utilized in ICRs to account for overhead costs). We rounded the resulting dollar value to the nearest thousand.

9 This estimate assumes an increase of 50% over current contracts for fuels reporting, which total $ 966,000 for 2006. 12 include future purchases of new hardware ( e. g. servers, workstations) and additional software, software licenses and security related expenses required for handling of reports. These IT costs are roughly estimated at $ 80,000. Since we are using the CDX, some costs incurred by the Agency will be tied to the number of registrants who send us reports. Specifically, there is an annual " subscription cost" associated with the use CDX that is passed on to the EPA program office and we estimate that new registrants due to RFS may cost us approximately $ 45,000.10 There are also development and maintenance costs related to enabling RFS reporting via CDX and we estimate approximately $ 50,00011 in such costs, which are separate from subscription costs and other items described. All of these items yield a total of $ 1,188,000. Please note, however, that some items are difficult to estimate at this time and may not be included in our estimate. Therefore, the actual dollar amount may be higher than our estimate. As with all items in this supporting statement, we strongly encourage comment on the estimated Agency burden and on the Agency activities associated with this proposed information collection.

d. Estimating the Respondent Universe We were able to estimate the number of regulated entities drawing upon experience regulating the same or similar entities.

e. Bottom Line Burden Hours and Costs From Table 1, we estimate the following totals:

TOTAL NO. OF REPORTS: 4,970 TOTAL BURDEN HOURS: 15,560 TOTAL LABOR COSTS: $ 1,104,760 TOTAL NON POSTAGE COSTS ( for PURCHASED SERVICES): $ 1,806,240 f. Reason for Change in Burden The change in burden is due to regulations that give effect the EPACt provisions for a renewable fuels standard ( RFS).

g. Burden Statement 10 This estimate is based upon recently negotiated subscription costs for other fuels reporting programs of $ 15,000 per year.

11 This estimate is based upon a recently proposed CDX project of similar complexity. 13 The average respondent burden in hours per response for this ICR is estimated at 3.1 hours. 12 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review the instructions; develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transit or otherwise disclose the information.

An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137) 1200 Pennsylvania Avenue, N. W., Washington, DC; and to the Office of Information and Regulatory Affairs, Office of Management of Budget, 725 17th Street, NW, Washington, DC 20503, Attention, Desk Officer for EPA. Be sure to include the EPA ICR number 2242.01 in correspondence.

12 The average respondent burden is the total number of hours divided by the total number of reports ( responses) from Table 1, rounded up to the first decimal place for simplicity.


[Federal Register: April 6, 2006 (Volume 71, Number 66)]
[Notices]
[Page 17462]
[DOCID:fr06ap06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-171-003]

Central New York Oil and Gas Company, LLC; Notice of Compliance
Filing

March 7, 2006.
    Take notice that, on February 23, 2006, Central New York Oil And
Gas Company, LLC (CNYOG), tendered for filing as part of its FERC Gas
Tariff, Original Volume No. 1, Substitute Original Sheet No. 75A and
Substitute Third Revised Sheet No. 98, to become effective February 6,
2006.
    CNYOG states that the filing is being made to comply with the
Commission's order dated February 3, 2006 in this proceeding.
    CNYOG states that copies of the filing were served on the company's
jurisdictional customers and interested state commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4975 Filed 4-5-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Notices]
[Page 24635]
[DOCID:fr03my07-104]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 19d-1; SEC File No. 270-242; OMB Control No. 3235-0206.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') intends to submit to the Office of Management and
Budget request for extension of the previously approved collection of
information discussed below.
     Rule 19d-1--Notices by Self-Regulatory Organizations of
Final Disciplinary Actions, Denials Bars, or Limitations Respecting
Membership, Association, or Access to Services, and Summary Suspensions
    Rule 19d-1 (17 CFR 240.19d-1) (``Rule'') under the Securities
Exchange Act of 1934 (17 U.S.C. 78a et seq.) prescribes the form and
content of notices to be filed with the Commission by self-regulatory
organizations (``SROs'') for which the Commission is the appropriate
regulatory agency concerning the following final SRO actions: (1)
Disciplinary sanctions (including summary suspensions); (2) denials of
membership, participation or association with a member; and (3)
prohibitions or limitations on access to SRO services.
    The Rule enables the Commission to obtain reports from the SROs
containing information regarding SRO determinations to discipline
members or associated persons of members, deny membership or
participation or association with a member, and similar adjudicated
findings. The Rule requires that such actions be promptly reported to
the Commission. The Rule also requires that the reports and notices
supply sufficient information regarding the background, factual basis
and issues involved in the proceeding to enable the Commission: (1) To
determine whether the matter should be called up for review on the
Commission's own motion; and (2) to ascertain generally whether the SRO
has adequately carried out its responsibilities under the Exchange Act.
    It is estimated that 10 respondents will utilize this application
procedure annually, with a total burden of 1175 hours, based on past
submissions. This figure is based on 10 respondents, spending
approximately 117.5 hours each. Each respondent submitted approximately
235 responses. The staff estimates that the average number of hours
necessary to comply with the requirements of Rule 19d-1 for each
submission is 0.5 hours. The average cost per hour, per each submission
is approximately $101. Therefore, the total cost of compliance for all
the respondents is $118,675. (10 respondents x 235 responses per
respondent x .5 hrs per response x $101 per hour).
    The filing of notices pursuant to the Rule is mandatory for the
SROs, but does not involve the collection of confidential information.
Please note that an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid control number. Rule 19d-1 does not have a
retention of records requirement.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Direct your written comments to R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
60 days of this notice.

    Dated: April 24, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-8427 Filed 5-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Page 56822]
[FR Doc No: 2019-23118]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1915]

Proposed Flood Hazard Determinations for Livingston County,
Kentucky and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed notice concerning proposed flood hazard determinations,
which may include the addition or modification of any Base Flood
Elevation, base flood depth, Special Flood Hazard Area boundary or zone
designation, or regulatory floodway (herein after referred to as
proposed flood hazard determinations) on the Flood Insurance Rate Maps
and, where applicable, in the supporting Flood Insurance Study reports
for Livingston County, Kentucky and Incorporated Areas.

DATES: This withdrawal is effective October 23, 2019.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1915 to Rick Sacbibit, Chief, Engineering Services Branch, Federal
Insurance and Mitigation Administration, FEMA, 400 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 5, 2019, FEMA published a proposed
notice at 84 FR 13674, proposing flood hazard determinations for
Livingston County, Kentucky and Incorporated Areas. FEMA is withdrawing
the proposed notice for Livingston County, Kentucky and Incorporated
Areas.

    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-23118 Filed 10-22-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4888-4890]
[FR Doc No: 2011-1715]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC11-537-001]

Commission Information Collection Activities (FERC-537); Comment
Request; Submitted for OMB Review

January 20, 2011.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued a Notice in the Federal Register (75 FR 64301,
10/19/2010) requesting public comments. FERC received no comments on
the FERC-537 and has made this notation in its submission to OMB.\1\
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    \1\ OMB will not make a decision on this proceeding until after
30 days from the time it is received.

DATES: Comments on the collection of information are due by February
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28, 2011.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to Created by OMB should be filed electronically, c/o<EMAIL_ADDRESS>and include OMB Control Number 1902-0060 for
reference. The Desk Officer may be reached by telephone at 202-395-
4638.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket No. IC11-537-001.
Comments may be filed either electronically or in paper format. Those
persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at http://www.ferc.gov/help/submission-guide.asp. To file the document
electronically, access the Commission's Web site and click on Documents
& Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and
then follow the instructions for each screen. First time users will
have to establish a user name and password. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments.
    For paper filings, the comments should be submitted to the Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426, and should refer to Docket No. IC11-
537-001.
    Users interested in receiving automatic notification of activity in
FERC Docket Number IC11-537 may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. All comments may be viewed,
printed or downloaded remotely via the Internet through FERC's homepage
using the ``eLibrary'' link. For user assistance, contact
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-537, ``Gas Pipeline Certificates: Construction,
Acquisition, and Abandonment'' (OMB Control No. 1902-0060), is used by
the Commission to implement the statutory provisions of the Natural Gas
Policy Act of 1978 (NGPA), 15 U.S.C. 3301-3432, and the Natural Gas Act
(NGA) (15 U.S.C. 717-717w). Under the NGA, natural gas pipeline
companies must obtain Commission authorization to undertake the
construction or extension of any facilities, or to acquire or operate
any such facilities or extensions in accordance with Section 7(c) of
the NGA. A natural gas company must also obtain Commission approval
under Section 7(b) of the NGA prior to

abandoning any jurisdictional facility or service. Under the NGA and
the NGPA, interstate and intrastate pipelines must also obtain
authorization for certain transportation and storage services and
arrangements, particularly a Part 284, Subpart G--Blanket Certificate
(18 CFR 284.8).
    The information collected is necessary to certificate interstate
pipelines engaged in the transportation and sale of natural gas, and
the construction, acquisition, and operation of facilities to be used
in those activities, to authorize the abandonment of facilities and
services, and to authorize certain NGPA transactions. If a certificate
is granted, the natural gas company can construct, acquire, or operate
facilities, plus engage in interstate transportation or sale of natural
gas. Conversely, approval of an abandonment application permits the
pipeline to cease service and/or discontinue the operation of such
facilities. Authorization under NGPA Section 311(a) allows the
interstate or intrastate pipeline applicants to render certain
transportation services.
    The data required to be submitted consists of identification of the
company and responsible officials, factors considered in the location
of the facilities and the detailed impact on the project area for
environmental considerations. Also to be submitted are the following:
     Flow diagrams showing proposed design capacity for
engineering design verification and safety determination;
     Commercial and economic data presenting the basis for the
proposed action; and
     Cost of the proposed facilities, plans for financing, and
estimated revenues and expenses related to the proposed facility for
accounting and financial evaluation.

The Commission implements these filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR 157.5-.11; 157.13-.20; 157.53;
157.201-.209; 157.211; 157.214-.218; 284.8; 284.11; 284.126; 284.221;
284.224.\2\
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    \2\ Sections 284.223 and 284.227 have been removed from this
Notice since they have no reporting or records burden.
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    Action: The Commission is requesting a three-year extension of the
FERC-537 reporting requirements.
    Burden Statement: The first table shows a summary of the burden for
this collection. Because the nature of the various filings that are
covered by FERC-537 are so varied, another table has been included to
give a more detailed description of the various elements of this burden
estimate:
---------------------------------------------------------------------------

    \3\ From detailed table: No. of Filings/No. of Respondents, or
775/225 = 3.44
    \4\ A weighted average based on the information provided in the
detailed table.

----------------------------------------------------------------------------------------------------------------
                                                               Average  number
                                                 Number of       of responses   Average  burden    Total annual
            FERC data collection                respondents     per respondent     hours per       burden hours
                                                                     \3\          response \4\
                                                         (1)              (2)              (3)      (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
FERC-537....................................             225             3.44              133          102,942
----------------------------------------------------------------------------------------------------------------

    Details for FERC-537, ``Gas Pipeline Certificates: Construction,
Acquisition, and Abandonment,'' based on Fiscal Year 2010 information
and records:

----------------------------------------------------------------------------------------------------------------
                                                                                Avg. hours to
Regulation section 18 CFR * * *     Regulation topic         Number of      Number of filings   prepare a filing
                                                            respondents        or responses      or application
----------------------------------------------------------------------------------------------------------------
157.5-.11; & 157.13-.20........  Interstate certificate                                    82                500
                                  and abandonment
                                  applications.
157.53.........................  Exemptions............  75 companies (25                  10                100
                                                          different).
157.201-.209; 157.211; 157.214-  Blanket Certificates                                      45                200
 .218.                            prior notice filings.
157.201-.209; 157.211; 157.214-  Blanket Certificates--  145 companies                    336                 50
 .218.                            annual reports.         (145 different).
284.11.........................  NGPA Sec. 311
                                  Construction--annual
                                  reports.
284.8..........................  Capacity Release--      168..............                168                 75
                                  recordkeeping.
284.126 (a)&(c)................  Intrastate bypass,      50 companies ( 50                100                 30
                                  semi annual             different).
                                  transportation &
                                  storage--reports.
284.221........................  Blanket Certificates--  20...............                 20                100
                                  one time filing, inc.
                                  new tariff and rate
                                  design proposal.
284.224........................  Hinshaw Blanket         2 ( 2 different).                  2                 75
                                  Certificates.
157.5-.11; & 157.13-.20........  Non-facility            9 ( 3 different).                 12                 75
                                  certificate or
                                  abandonment
                                  applications.
                                --------------------------------------------------------------------------------
    TOTALS.....................  ......................  225 different....                775           \1\ 133
----------------------------------------------------------------------------------------------------------------
\1\ Average, weighted.

    The total estimated annual cost burden to respondents is $6,823,570
(102,942 hours/2,080 hours \5\ per year, times $137,874 \6\).
---------------------------------------------------------------------------

    \5\ Estimated number of hours an employee works each year.
    \6\ Estimated average annual cost per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information;

(3) adjusting the existing ways to comply with any previously
applicable instructions and requirements; (4) training personnel to
respond to a collection of information; (5) searching data sources; (6)
completing and reviewing the collection of information; and (7)
transmitting, or otherwise disclosing the information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collections of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g. permitting electronic submission of
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1715 Filed 1-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Rules and Regulations]
[Pages 49351-49353]
[FR Doc No: 2012-20097]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0771]
RIN 1625-AA00

Safety Zone; Port Huron Float-Down, St. Clair River, Port Huron,
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
St. Clair River, Port Huron, MI. This zone is intended to restrict
vessels from a portion of the St. Clair River during the Port Huron
Float-Down. Though this is an unsanctioned, non-permitted event, this
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with river tubing and Float-Down events.

DATES: This rule is effective from 11 a.m. to 8 p.m. on August 19,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0771]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box, and click ``Search.'' You may
visit the Docket Management Facility, Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this year's
event were not known to the Coast Guard until there was insufficient
time remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect the public from the
hazards associated with this Coast Guard exercise.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would be
impracticable and contrary to the public interest.
    As is discussed further below, the Port Huron Float-Down has taken
place each of the last three years. During each year's event, the
Float-Down has drawn thousands of floaters and spectators. Because of
the high concentration of floaters and spectators, the Coast Guard has
previously established a safety zone in the location of the Float-Down
to better protect the public. For example, in 2011, the Coast Guard
enforced a

safety on August 21st (76 FR 52269). Consequently, not only is it
impracticable and contrary to the public interest to delay this rule, a
notice comment period and delayed effective date are also unnecessary
because of the public's expected awareness of the Coast Guard's safety
zone.

B. Basis and Purpose

    On August 19, 2012, a non-permitted public event has been
advertised over various social-media sites in which a large number of
persons may float down a segment of the St. Clair River, using inner
tubes and other similar floatation devices. The 2012 Float-Down event
will occur between about 11 a.m. and 8 p.m. on August 19, 2012. This
event took place in 2009, 2010, and 2011. Although it did not receive a
state or federal permit over these past years, the event drew in over
3,000 participants. Despite the plan put together by the federal, state
and local officials, emergency responders and law enforcement officials
were overwhelmed with medical emergencies, people drifting across the
international border, and people trespassing on residential property
when trying to get out of the water before the designated finish line.
Promotional information for the event continues to be published, and
more than 3,000 people are anticipated to float down the river this
year.
    Based on the amount of public participation and safety concerns
identified in 2009, 2010, and 2011, the Captain of the Port Detroit has
determined that the 2012 Float-Down poses significant risks to public
safety and property. The likely combination of large numbers of
participants, strong river currents, limited rescue resources, and
difficult emergency response scenarios could easily result in serious
injuries or fatalities to Float-Down participants and spectators.
Establishing a safety zone to control vessel entry into the location of
the proposed Float-Down will help ensure the safety of persons and
property and minimize the associated risks.

C. Discussion of Rule

    This safety zone is necessary to ensure the safety of spectators,
vessels, and the public from the hazards associated with the Port Huron
Float-Down. This rule will be in effect and the safety zone will be
enforced from 11 a.m. to 8 p.m. on August 19, 2012.
    The safety zone will begin at Lighthouse Beach and encompass all
U.S. waters of the St. Clair River bound by a line starting at a point
on land north of Coast Guard Station Port Huron at position
43[deg]00'25'' N; 082[deg]25'20'' W, extending east to the
international boundary to a point at position 43[deg]00'25'' N;
082[deg]25'02'' W, following south along the international boundary to
a point at position 42[deg]54'30'' N; 082[deg]27'41'' W, extending west
to a point on land (just north of Stag Island) at position
42[deg]54'30'' N; 082[deg]27'58'' W, and following north along the U.S.
shoreline to the point of origin. All geographic coordinates are North
American Datum of 1983 [NAD 83].
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the St. Clair River on August 19,
2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only nine hours on one day. Furthermore, the safety zone may conclude
earlier if the Captain of the Port determines that the safety hazards
have been mitigated before 8:00 p.m. Traffic may be allowed to pass
through the zone with the permission of the Captain of the Port. The
Captain of the Port can be reached via VHF channel 16. Before the
activation of the zone, we would issue local Broadcast Notice to
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0771 to read as follows:

Sec.  165.T09-0771  Safety Zone; Port Huron Float-Down, St. Clair
River, Port Huron, MI.

    (a) Location. The safety zone will begin at Lighthouse Beach and
encompass all U.S. waters of the St. Clair River, Port Huron, MI, bound
by a line starting at a point on land north of Coast Guard Station Port
Huron at position 43[deg]00'25'' N; 082[deg]25'20'' W, extending east
to the international boundary to a point at position 43[deg]00'25'' N;
082[deg]25'02'' W, following south along the international boundary to
a point at position 42[deg]54'30'' N; 082[deg]27'41'' W, extending west
to a point on land (just north of Stag Island) at position
42[deg]54'30'' N; 082[deg]27'58'' W, and following north along the U.S.
shoreline to the point of origin. (DATUM: NAD 83).
    (b) Effective and enforcement period. This regulation is effective
and will be enforced from 11 a.m. until 8 p.m. on August 19, 2012.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. The Captain of the Port
Detroit or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Detroit, or his on-scene representative.

    Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20097 Filed 8-15-12; 8:45 am]
BILLING CODE 9110-04-P


61099 Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Notices E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background A. Cancellations EPA is publishing this notice in response to the registrant's request to cancel all their registrations for products containing fenamiphos, effective as of May 31, 2007. Please refer to the table below for specific product registrations that are subject to cancellation. EPA assessed the risk associated with the use of fenamiphos pesticide products and determined additional data needs and/ or mitigation measures were necessary, where applicable, to support the continued use of fenamiphos products. Consequently, Bayer Corporation, the sole registrant of fenamiphos, elected to request voluntary cancellation of all their fenamiphos product registrations. Bayer noted its decision was predicated largely on the limited use of fenamiphos, relative to the expenses associated with supporting the chemical. In conjunction with the request for voluntary cancellation, Bayer Corporation has also agreed to amend their existing fenamiphos product registrations and implement interim risk mitigation measures. EPA intends to accept the registrant's request barring adverse comments received during the 30Ð day public comment period. Pursuant to section 6( f)( 1)( A) of FIFRA, Bayer Corporation, 8400 Hawthorne Rd., P. O. Box 4913, Kansas City, MO 64120Ð 0013 has submitted a request to cancel their existing manufacturing and end use product registrations containing fenamiphos, effective as of May 31, 2007. The product registrations, for which cancellations were requested, are identified in the following table:

Fenamiphos Products EPA Registrations Nemacur TechnicalInsecticide 3125 269 Nemacur Concentrate Nematicide Insecticide 3125 333 Nemacur 3 3125 283 Nemacur 15% Granular 3125 283 Nemacur 10% Turf and Ornamental Nematicide 3125 237 B. Amendments In addition to the request to cancel all of their fenamiphos product registrations, Bayer has also agreed to amend their existing fenamiphos product registrations to: (1) Prohibit all use and formulation for use on extremely vulnerable soils after May 31, 2005; (2) cap production at 500,000 pounds for fenamiphos manufacturinguse products used in the United States for the year ending May 31, 2003; and (3) cap production for each subsequent year at 20% of the previous year's production during the 5Ð year phase out period. Lastly, Bayer has submitted revised labels to the Agency to implement the risk mitigation measures and changes to the product labels identified in the fenamiphos IRED document (i. e., establishing seasonal maximum application rates and reducing current rates).

III. Proposed Existing Stocks and Import Tolerances Provisions A. Existing Stocks Bayer has requested voluntary cancellation of the fenamiphos registrations identified in the table above. EPA intends to grant the request for voluntary cancellation, effective as of May 31, 2007. For purposes of the cancellation order that the Agency intends to issue at the close of the comment period for this announcement, the term `` existing stocks'' will be defined, pursuant to EPA's existing stocks policy at 56 FR 29362, as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation or amendment. As of May 31, 2007, all sale and distribution by Bayer, the sole registrant, of existing stocks (manufacturing use and end use products), shall be prohibited. Persons other than the registrant may sell and distribute such products until May 31, 2008. Use of stocks in the channels of trade may continue until depleted, except where prohibited by the label. Any distribution, sale, or use of existing stocks after the effective date of the cancellation order that the Agency intends to issue that is not consistent with the terms of that order will be considered a violation of section 12( a)( 2)( K) and/ or 12( a)( 1)( A) of FIFRA.

B. Import Tolerances The registrant anticipates that commodities treated with fenamiphos may continue to be imported into the United States after the final effective date of cancellation, and after existing stocks in the United States are exhausted. As such, Bayer intends to support import tolerances for banana, citrus, grape, pineapple, and garlic.

List of Subjects Environmental protection, Chemicals, Cancellations.

September 19, 2002. Lois A. Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 02Ð 24648 Filed 9Ð 26Ð 02; 8: 45 am]

BILLING CODE 6560– 50– S ENVIRONMENTAL PROTECTION AGENCY [OPP– 2002– 0260; FRL– 7275– 2]

Caffeine; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received a quarantine exemption request from the U. S. Department of Agriculture Animal and Plant Health Inspection Service to use the pesticide caffeine (1H purine2,6 dione, 3,7 dihydro 1,3,7 trimethyl) (CAS No. 58Ð 08Ð 2) to treat up to 200 acres of floriculture and nursery crops, parks, hotels and resort areas, and forest habitats to control Coqui and Greenhouse frogs. The Applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

VerDate Sep< 04> 2002 21: 04 Sep 26, 2002 Jkt 197001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 27SEN1. SGM 27SEN1 61100 Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Notices DATES: Comments, identified by docket ID number OPPÐ 2002Ð 0260 must be received on or before October 15, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460Ð 0001; telephone number: (703) 305Ð 6463; fax number: (703) 308Ð 5433; e mail address: Sec 18 Mailbox@ epamail. epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are a federal or state government agency involved in administration of environmental quality programs. Potentially affected entities may include, but are not limited to: Federal or state government entity, (NAICS 9241), e. g., Department of Agriculture, Environment, etc. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification (ID) number OPPÐ 2002Ð 0260. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305Ð 5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search, '' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late. '' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets VerDate Sep< 04> 2002 21: 04 Sep 26, 2002 Jkt 197001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 27SEN1. SGM 27SEN1 61101 Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Notices at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search, '' and then key in docket ID number OPPÐ 2002Ð 0260. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPPÐ 2002Ð 0260. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW., Washington, DC 20460Ð 0001, Attention: Docket ID Number OPPÐ 2002Ð 0260. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPPÐ 2002Ð 0260. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background A. What Action is the Agency Taking?

Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U. S. C. 136p), at the discretion of the Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the Administrator determines that emergency conditions exist which require the exemption. The U. S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) has requested the Administrator to issue a quarantine exemption for the use of caffeine on floriculture and nursery crops, parks, hotels and resort areas, and forest habitats to control Coqui and Greenhouse frogs. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the Applicant asserts that it is necessary to control the Coqui and Greenhouse frogs (Eleutherodactylus coqui and E. planirostris), in areas of Hawaii where they have become accidentally introduced, via infested nursery plantings. These species are not native to Hawaii, but come from the Caribbean, and have the potential to cause serious damage to the native ecosystems, including endangered and threatened species. E. coqui is now firmly established on Maui and the Island of Hawaii and E. planirostris is on Kauai, Oahu, Maui, and the Island of Hawaii. The sites where they are established include commercial plant nurseries, residential areas, resorts and hotels, parks, and forest habitats. Eleutherodactylus are spread to additional sites primarily through transportation of infested plant material to uninfested areas. There is great concern that these frogs pose a serious threat to both agriculture and the native Hawaiian forest ecosystems, including many endangered species. These species may exert tremendous predation pressure on a wide variety of native arthropods, many of which are already stressed to the edge of extinction due to the establishment of other alien predators and parasitoids. Additionally, these frog species will compete for insect food sources with native birds, the majority of which are partially or completely insectivorous. The Hawaiian hoary bat and other arthropods also depend upon insects and spiders as a food source. E. coqui tolerates a higher elevational range, and therefore may invade native rainforest and mesic forests in Hawaii. According to Dr. Fred Kraus, Alien Species Coordinator with the Hawaii Department of Land and Natural Resources, Forestry and Wildlife Division, currently none of the sites infested with Eleutherodactylus are habitats for endangered species. However, there is a potential for the frogs to enter these habitats, particularly near the Hawaii Volcanoes National Park, where the nearest infested area is about 2 miles away. Another concern is that increase in populations of these frog species will provide a food source for, and enhance, the already large populations of introduced predators, such as rats and mongooses. In turn, this would further increase predation pressure on native birds, a dynamic which has been demonstrated elsewhere VerDate Sep< 04> 2002 21: 04 Sep 26, 2002 Jkt 197001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 27SEN1. SGM 27SEN1 61102 Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Notices and suspected to occur for other species in Hawaii. The Applicant proposes to make up to 12 applications per acre per year of 100  200 pounds of product (99  198 pounds of caffeine) in 1,200 gallons of water per acre. However, a maximum of only 1,200 pounds of product (1,188 pounds caffeine) will be applied per acre per year. The projected acreage for 2002Ð 2003 is 200 acres of floriculture and nursery crops, parks, hotels and resort areas, and forest habitats throughout the state of Hawaii. Therefore, a maximum of 240,000 pounds caffeine could be applied. This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 of FIFRA require publication of a notice of receipt of an application for a specific exemption proposing use of a new chemical (i. e., an active ingredient) which has not been registered by EPA. The notice provides an opportunity for public comment on the application. The Agency, will review and consider all comments received during the comment period in determining whether to issue the quarantine exemption requested by the USDA, APHIS.

List of Subjects Environmental protection, Pesticides and pests.

Dated: September 20, 2002. Peter Caulkins, Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02Ð 24489 Filed 9Ð 26Ð 02; 8: 45 am]

BILLING CODE 6560– 50– S ENVIRONMENTAL PROTECTION AGENCY [OPPT– 2002– 0038; FRL– 7188– 1]

Lead Based Paint Activities in Target Housing and Child Occupied Facilities; State of Illinois Authorization of LeadBased Paint Activities Program AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval of the Illinois TSCA Section 402/ 404 LeadBased Paint Accreditation and Certification Program.

SUMMARY: On October 12, 2001, the State of Illinois, through the Illinois Department of Public Health (IDPH), submitted an application for EPA final approval to administer and enforce training and certification requirements, training program accreditation requirements, and work practice standards for lead based paint activities in target housing and child occupied facilities under section 402 of the Toxic Substances Control Act (TSCA). This notice announces the approval of Illinois' application, and the authorization of the Illinois Department of Public Health's lead based paint program to apply in the State of Illinois effective April 11, 2002, in lieu of the Federal program under section 402 of TSCA.

DATES: Lead based paint activities program authorization was granted to the State of Illinois effective April 11, 2002.

FOR FURTHER INFORMATION CONTACT: By mail: Larisa Leonova, State of Illinois Project Officer, Pesticides and Toxics Branch, (DT 8J), Environmental Protection Agency, Region V, 77 West Jackson Blvd., Chicago, IL 60604; telephone: (312) 353Ð 5838; e mail address: leonova. larisa@ epamail. epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to firms and individuals engaged in lead based paint activities in Illinois. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this Document or Other Related Documents?

1. Electronically. You may obtain electronic copies of this Federal Register notice document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations'' and then look up the entry for this document under the `` Federal RegisterÑ Environmental Documents. '' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. 2. In person. The Agency has established an official record for this action under docket ID number OPPTÐ 2002Ð 0038. The official record consists of the documents specifically referenced in this action, this notice, the State of Illinois' authorization application, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection from 8 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The docket is located at the EPA Region V Office, Waste, Pesticides and Toxics Division, Pesticides and Toxics Branch, Toxics Program Section, (DT 8J), 77 West Jackson Blvd., Chicago, IL 60604.

II. Background A. What Action is the Agency Taking? EPA issued correspondence to the Illinois Department of Public Health dated May 6, 1999, which granted a 3Ð year interim approval of the Illinois Lead Poisoning Prevention Program. The interim approval authorized the Department to enforce the Illinois Lead Poisoning Prevention Act (LPPA), 410 ILCS 45, and Lead Poisoning Prevention Code (LPPC), 77 Ill Adm. Code 845, in lieu of the Federal program. The effective date of the interim approval was April 16, 1999 (published by EPA in the Federal Register of February 29, 2000 (65 FR 10787) (FRLÐ 6399Ð 4). As a condition of the interim approval, the Department was required to submit a request for full (final) approval of the Illinois Program at least 180 days prior to the expiration of the 3Ð year interim approval. Illinois applied for final approval and authorization to enforce its Lead Poisoning Prevention Program on October 12, 2001. The Department provided amended copies of the LPPA, LPPC, and the program policies that govern the administration of the program. Copies of the correspondence from the Illinois Attorney General's office indicating the inapplicability of the Illinois Environmental Audit Privilege Law to the Illinois LPPA and EPA's response accepting the opinion offered by the Illinois Attorney General's office were also included with this application. These materials resolved the only remaining issue dealing with the applicability of the Illinois Environmental Audit Privilege Law to the enforcement of the LPPA and VerDate Sep< 04> 2002 21: 04 Sep 26, 2002 Jkt 197001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 27SEN1. SGM 27SEN1