[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Rules and Regulations]
[Pages 61571-61575]
[FR Doc No: 2020-16894]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 190 / Wednesday, September 30, 2020 /
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

2 CFR Part 1500

[EPA-HQ OMS-2020-0018; 10010-32-OMS]

Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule with request for comment.

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

SUMMARY: This regulatory action revises certain provisions of
Environmental Protection Agency (EPA) financial assistance regulations
to provide more flexibility to recipients of Environmental Protection
Agency (EPA) financial assistance and streamline dispute procedures for
applicants and recipients of EPA financial assistance. The revisions to
this rule are exempt from the notice and comment requirements of the
Administrative Procedure Act (APA) because it is a matter relating to
agency management concerning grants.

DATES: Effective date: This interim final rule is effective November
12, 2020.
    Applicability date: This interim final rule applies to EPA
financial assistance agreements awarded or amended to add funds on or
after or disputes arising from agency decisions issued on or after
November 12, 2020. Disputes arising from agency decisions issued prior
to the effective date of this rule will remain subject to the
procedures in the prior regulations.
    Comment date: Comments must be received on or before November 30,
2020.

ADDRESSES: Submit your comments, identified by Docket ID No. OMS-2020-
0018 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Mail: OMS Docket, Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
     Hand Delivery: EPA Docket Center, WJC West, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20004. The telephone number
for the Docket Center is<PHONE_NUMBER>. For additional information about
EPA's public docket, visit http://www.epa.gov/dockets. Such deliveries
are only accepted during the Docket's normal hours of operation: 8:30
a.m. to 4:30 p.m., and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OMS-2020-0018.
    EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at Docket ID No. OMS-2020-0018,
OMS Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OMS Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Alexandra Raver at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA's revisions to 2 CFR part 1500 are
summarized below.
    1. EPA will add a provision at 2 CFR 1500.1(a) clarifying that
allowable participant support costs under 2 CFR 200.1, Participant
support costs, may include rebates or other subsidies provided to
program participants or program beneficiaries when authorized by the
statutory authority for the financial assistance program. The provision
applies to subsidies used for purchase and installation of commercially
available, standard (``off the shelf'') pollution control equipment or
low emission vehicles under the Diesel Emission Reduction Act program
or other programs when the program participant rather than the
recipient owns the equipment. Other examples of these other EPA funded
programs specified in EPA's Interim Guidance on Participant Support
Costs include subsidies or rebates provided to program beneficiaries to
encourage participation in statutorily authorized programs to encourage
environmental stewardship such as Best Management Practices under Clean
Water Act 319 nonpoint source management programs, subsidies to promote
adoption of source reduction practices by businesses under section 6605
of the Pollution Prevention Act, and rebates or subsides for wood stove
replacement under financial assistance programs authorized by the Clean
Air Act or EPA's annual appropriation acts.
    2. EPA has added a new provision at 2 CFR 1500.3(b) stating that
subrecipient monitoring and

management requirements at 2 CFR 200.331 through 200.333 do not apply
to transactions entered into with borrowers by recipients of Clean
Water State Revolving Fund (CWSRF) capitalization grants and Drinking
Water State Revolving Fund (DWSRF) capitalization grants. This revision
is consistent with the Administration's emphasis, as described in the
President's Management Agenda, Cross-Agency Priority Goal on Results
Oriented Accountability for Grants, on risk-based approaches to
streamlining requirements for recipients whose performance record
warrants burden reduction and the importance of deference to states.
CWSRF and DWSRF programs are mature Federal grant programs with
comprehensive program specific regulations and capitalization grants
are administered by state agencies with well-established processes for
managing loans and monitoring borrower compliance with loan agreements.
This regulatory change will allow states to follow their own procedures
rather than those mandated by 2 CFR 200.331 through 200.333.
Requirements for reporting subaward and executive compensation in 2 CFR
part 170 and internal controls described at 2 CFR 200.303 will continue
to apply to CWSRF and DWSRF program grant recipients and borrowers.
Recipients of Brownfields Revolving Loan Fund capitalization grants and
their borrowers as well other EPA revolving loan fund (RLF)
capitalization grant programs remain subject to 2 CFR 200.331 through
200.333 and other applicable regulations. Eligibility for these grants
is not necessarily limited to states.
    3. EPA has revised 2 CFR 1500.7 to provide that recipients may add
all program income to their EPA funds for use under the purposes and
conditions of the assistance agreement even if program income exceeds
the amount anticipated at time of award. The revision will allow
recipients to deduct the cost of generating program income from gross
program income to determine net program income provided these costs
have not been charged to any Federal award or the terms of the
agreement do not preclude deducting the cost of generating program
income. EPA has extended the policy of allowing recipients of RLF
capitalization grants to draw down funds from EPA prior to using
program income to all RLF programs except the CWSRF and DWSRF programs,
which have their own regulations.
    4. EPA has revised 2 CFR 1500.9 to clarify the scope of the
limitation on the allowability of costs for individual consultant fees
on EPA assistance agreements to be consistent with the policy EPA
announced in 69 FR 18380 (April 7, 2004). Additionally, the regulation
specifies that borrowers under EPA assistance programs for
capitalization of revolving loan funds are not subject to the
limitation on consultant fee costs.
    5. EPA has revised the 2 CFR part 1500, subpart E, disputes
procedures to exempt the following decisions from the procedures.

    a. Decisions to decline to fund non-competitive applications and
not to award incremental or supplemental funding based on the
availability of funds or agency priorities.
    b. Decisions on requests for reconsideration of Specific
conditions under 2 CFR 200.208.
    c. Decisions to deny requests for no-cost extensions under 2 CFR
200.308(e)(2), 40 CFR 35.114(b), and 40 CFR 35.514(b).
    d. Denials of requests for EPA approval of procurement through
noncompetitive proposals under 2 CFR 200.320(c)(4).

    EPA has also eliminated reviews of Dispute Decision Official (DDO)
decisions by the Director of the Office of Grants and Debarment or
Regional Administrators as currently provided for in 2 CFR 1500.17
through 1500.19. These reviews will be replaced by a procedure that
allows applicants and recipients to petition the DDO to reconsider
adverse dispute decisions on an expedited basis. Regional
Administrators may act as DDOs or designate another official to be the
DDO.
    In addition to the above described substantive revisions, EPA will
renumber the sections in 2 CFR part 1500 to reflect the addition of a
new Sec.  1500.1.

I. General Information

A. Affected Entities

    Entities affected by this action are those that apply for and/or
receive Federal financial assistance (grants, cooperative agreements or
fellowships) from EPA including but not limited to: State and local
governments, Indian Tribes, Intertribal Consortia, Institutions of
Higher Education, Hospitals, and other Non-profit Organizations, and
Individuals.

II. Background

    On December 19, 2014 (79 FR 76050-76054) EPA promulgated 2 CFR part
1500, Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards. These regulations supplement OMB's 2
CFR part 200 regulations covering the same subjects which were
promulgated that same day (79 FR 75871). EPA's experience in
administering these regulations indicates that applicants and
recipients would benefit from clarity regarding EPA's interpretation of
these regulations as well as additional flexibility. Further, EPA
believes the process for disputing adverse actions the EPA takes
against applicants or recipients could be streamlined without
compromising fairness. The revisions to 2 CFR part 1500 that EPA is
making on an interim final basis achieve these objectives. The rule
will become final without further revision if no changes are warranted
based on comments EPA receives.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not subject to Executive Order 13771 because it is
not a ``significant regulatory action'' as defined in section 3(f) of
Executive Order 12886.

C. Paperwork Reduction Act

    This action does not impose any new information collection burden.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations 2 CFR parts 200 and 1500 under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2030-0020. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

D. Regulatory Flexibility Act

    This interim final rule is not subject to the Regulatory
Flexibility Act (RFA), which generally requires an agency to prepare a
regulatory flexibility analysis for any rule that will have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA) or any other
statute. This rule is not subject to notice and comment requirements
under the APA or any other statute because this rule pertains to
grants, which the APA expressly exempts from notice and comment
rulemaking requirements. 5 U.S.C. 553(a)(2).

E. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action affects
all applicants and recipients of EPA financial Federal assistance and
therefore no one entity type will be impacted disproportionally or
significantly.

F. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. This action affects all applicants
and recipients of EPA financial Federal assistance and therefore no one
entity type will be impacted disproportionally. Thus, Executive Order
13132 does not apply to this action.

G. Executive Order 13175

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
affects all applicants and recipients of EPA financial Federal
assistance and therefore no one entity type will be impacted
disproportionally. Thus, Executive Order 13175 does not apply to this
action. Consistent with the EPA Policy on Consultation and Coordination
with Indian Tribes, the EPA consulted with tribal officials on these
changes.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to E.O. 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in E.O.
12866.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This action does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that it is not practicable to determine whether
this action has disproportionately high and adverse effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. Congressional Review Act

    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 2 CFR Part 1500

    Accounting, Grant programs, Grants administration, Loan programs,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the Environmental
Protection Agency amends 2 CFR part 1500 as follows:

PART 1500--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation for part 1500 is revised to read as follows:

    Authority:  5 U.S.C. 301, 7 U.S.C. 136 et seq., 15 U.S.C. 2601
et seq., 20 U.S.C. 4011 et seq., 33 U.S.C. 1251 et seq., and 1401 et
seq., 42 U.S.C. 241, 242b, 243, 246, 300f et seq., 1857 et seq.,
6901 et seq., 7401 et seq., and 9601 et seq.; 2 CFR part 200.

Sec. Sec.  1500.17 through 1500.19  [Removed]

0
2. Remove Sec. Sec.  1500.17 through 1500.19.

Sec.  Sec.  1500.1 through 1500.16  [Redesignated as Sec. Sec.  1500.2
through 1500.17]

0
3. Redesignate Sec. Sec.  1500.1 through 1500.16 as Sec. Sec.  1500.2
through 1500.17.

0
4. Add subpart A to read as follows:

Subpart A--Acronyms and Definitions

Sec.  1500.1  Definitions.

    (a) Participant support costs. The Environmental Protection Agency
(EPA) has supplemented 2 CFR 200.1, Participant support costs, to
provide that allowable participant support costs under EPA assistance
agreements include:
    (1) Rebates or other subsidies provided to program participants for
purchases and installations of commercially available, standard (``off
the shelf'') pollution control equipment or low emission vehicles under
the Diesel Emission Reduction Act program or programs authorized by EPA
appropriation acts and permitted by terms specified in EPA assistance
agreements or guidance, when the program participant rather than the
recipient owns the equipment.
    (2) Subsidies, rebates, and other payments provided to program
beneficiaries to encourage participation in statutorily authorized
programs to encourage environmental stewardship and enable the public
to participate in EPA funded research, pollution abatement, and other
projects or programs to the extent permitted by statutes and terms
specified in EPA assistance agreements or guidance.
    (b) [Reserved]

0
5. Revise newly redesignated Sec.  1500.3 to read as follows:

Sec.  1500.3   Applicability.

    (a) Uniform administrative requirements and cost principles
(subparts A through E of 2 CFR part 200 as supplemented by this part)
apply to foreign public entities or foreign

organizations, except where EPA determines that the application of this
part would be inconsistent with the international obligations of the
United States or the statutes or regulations of a foreign government.
    (b) Requirements for subrecipient monitoring and management at 2
CFR 200.331 through 200.333 do not apply to loan, loan guarantees,
interest subsidies and principal forgiveness, purchases of insurance or
local government debt or similar transactions with borrowers by
recipients of Clean Water State Revolving Fund (CWSRF) capitalization
grants and Drinking Water State Revolving Fund (DWSRF) capitalization
grants. Requirements for reporting subaward and executive compensation
in 2 CFR part 170 and internal controls described at 2 CFR 200.303
continue to apply to CWSRF and DWSRF grant recipients and borrowers.

0
6. Revise newly redesignated Sec.  1500.8 to read as follows:

Sec.  1500.8   Program income.

    (a) Governmental revenues. Permit fees are governmental revenue and
not program income. (See 2 CFR 200.307(c)).
    (b) Use of program income. The default use of program income for
EPA awards is addition even if the amount of program income the non-
Federal entity generates exceeds the anticipated amount at time of the
award of the assistance agreement. Unless the terms of the agreement
provide otherwise, recipients may deduct costs incidental to the
generation of program income from gross income to determine program
income, provided these costs have not been charged to any Federal
award. (See 2 CFR 200.307(b)). The program income shall be used for the
purposes and under the conditions of the assistance agreement. (See 2
CFR 200.307(e)(2)).
    (c) Brownfields Revolving Loan. To continue the mission of the
Brownfields Revolving Loan fund, recipients may use EPA grant funding
prior to using program income funds generated by the revolving loan
fund. Recipients may also keep program income at the end of the
assistance agreement as long as they use these funds to continue to
operate the revolving loan fund or some other brownfield purpose as
outlined in their respective closeout agreements.
    (d) Other revolving loan programs. Recipients of EPA funding for
other revolving loan fund programs may use EPA grant funding prior to
using program income funds generated by the revolving loan fund.
Recipients may also keep program income at the end of the assistance
agreement as long as they use these funds to continue to operate the
revolving loan fund or some other authorized purpose as outlined in
their closeout agreement. This paragraph (d) does not apply to EPA's
Clean Water State Revolving Fund and Drinking Water State Revolving
Fund programs which are subject to their own regulations.

0
7. Revise newly redesignated Sec.  1500.10 to read as follows:

Sec.  1500.10   General procurement standards.

    (a) EPA will limit its participation in the salary rate (excluding
overhead) paid to individual consultants retained by recipients, and
their contractors or subcontractors to the maximum daily rate for level
4 of the Executive Schedule unless a greater amount is authorized by
law. (These non-Federal entities may, however, pay consultants more
than this amount with non-EPA funds.) The limitation in this paragraph
(a) applies to consultation services of designated individuals with
specialized skills who are paid at a daily or hourly rate. This rate
does not include transportation and subsistence costs for travel
performed; recipients will pay these in accordance with their normal
travel reimbursement practices.
    (b) All contracts between recipients and subrecipients and
individual consultants are subject to the procurement standards in
subpart D of 2 CFR part 200. Contracts or subcontracts with multi-
employee firms for consulting services are not affected by the
limitation in paragraph (a) of this section provided the contractor or
subcontractor rather than the recipient or subrecipient selects,
directs and controls individual employees providing consulting
services.
    (c) Borrowers under EPA revolving loan fund capitalization grant
programs are not subject to paragraphs (a) and (b) of this section.

0
8. Amend newly redesignated Sec.  1500.13 by:
0
a. Revising paragraphs (a) introductory text, (a)(1), (c) introductory
text, and (c)(1);
0
b. Adding a semicolon at the end of paragraph (c)(2);
0
c. Removing the word ``and'' at the end of paragraph (c)(4);
0
d. Removing the period at the end of paragraph (c)(5) and adding a
semicolon in its place; and
0
e. Adding paragraphs (c)(6) through (9).
    The revisions and additions read as follows:

Sec.  1500.13  Purpose and scope of this subpart.

    (a) This section provides the process for the resolution of pre-
award and post-award assistance agreement disputes as described in
Sec.  1500.14, except for:
    (1) Assistance agreement competition-related disputes which are
covered by EPA's Grant Competition Dispute Resolution Procedures; and,
* * * * *
    (c) Determinations affecting assistance agreements made under
certain Agency decision-making processes are not subject to review
under the procedures in this subpart or the Agency's procedures for
resolving assistance agreement competition-related disputes. These
determinations include, but are not limited to:
    (1) Decisions on requests for exceptions under Sec.  1500.4;
* * * * *
    (6) Decisions to decline to fund non-competitive applications or
not to award incremental or supplemental funding based on the
availability of funds or agency priorities;
    (7) Decisions on requests for reconsideration of specific award
conditions under 2 CFR 200.208;
    (8) Decisions to deny requests for no-cost extensions under 2 CFR
200.308(e)(2), 40 CFR 35.114(b), and 40 CFR 35.514(b); and
    (9) Denials of requests for EPA approval of procurement through
noncompetitive proposals under 2 CFR 200.320(c)(4).

0
9. Amend newly redesignated Sec.  1500.14 by revising paragraphs (c)
through (e) to read as follows:

Sec.  1500.14  Definitions.

* * * * *
    (c) Agency Decision is the agency's initial pre-award or post-award
assistance agreement determination that may be disputed in accordance
with this subpart. The Agency Decision is sent by the Action Official
(AO) to the Affected Entity electronically and informs them of their
dispute rights and identifies the Dispute Decision Official (DDO). An
Agency Decision based on audit findings serves as EPA's Management
decision as defined in 2 CFR part 200.1.
    (d) Dispute is a disagreement by an Affected Entity with a specific
Agency Decision submitted to the DDO in accordance with this subpart.
    (e) Dispute Decision Official (DDO) is the designated agency
official responsible for issuing a decision resolving a Dispute.
    (1) The DDO for a Headquarters Dispute is the Director of the
Grants and Interagency Agreement Management Division in the Office of
Grants and Debarment or designee. To provide for a fair and impartial
review, the AO for the challenged Agency Decision may not serve as the
Headquarters DDO.

    (2) The DDO for a Regional Assistance Agreement Dispute is the
Regional Administrator or the official designated by the Regional
Administrator to issue the written decision resolving the Dispute. To
provide for a fair and impartial review, the AO for the challenged
Agency Decision may not serve as the Regional DDO.
* * * * *

0
10. Revise newly redesignated Sec.  1500.15 to read as follows:

Sec.  1500.15  Submission of Dispute.

    An Affected Entity or its authorized representative may dispute an
Agency Decision by electronically submitting a Dispute to the DDO
identified in the Agency Decision. In order for the DDO to consider the
Dispute, it must satisfy the following requirements:
    (a) Timeliness. The DDO must receive the Dispute no later than 30
calendar days from the date the Agency Decision is electronically sent
to the Affected Entity. The DDO will dismiss any Dispute received after
the 30-day period unless the DDO grants an extension of time to submit
the Dispute. The Affected Entity must submit a written request for
extension to the DDO before the expiration of the 30-day period. The
DDO may grant a one-time extension of up to 30 calendar days when
justified by the situation, which may include the unusual complexity of
the Dispute or because of exigent circumstances.
    (b) Method of submission. The Affected Entity must submit the
Dispute electronically via email to the DDO, with a copy to the AO,
using the email addresses specified in the Agency Decision within the
30-day period stated in paragraph (a) of this section.
    (c) Contents of Dispute. The Dispute submitted to the DDO must
include:
    (1) A copy of the disputed Agency Decision;
    (2) A detailed statement of the specific legal and factual grounds
for the Dispute, including copies of any supporting documents;
    (3) The specific remedy or relief the Affected Entity seeks under
the Dispute; and
    (4) The name and contact information, including email address, of
the Affected Entity's designated point of contact for the Dispute.

0
11. Revise newly redesignated Sec.  1500.16 to read as follows:

Sec.  1500.16  Notice of receipt of Dispute to Affected Entity.

    Within 15 calendar days of receiving the Dispute, the DDO will
provide the Affected Entity a written notice, sent electronically,
acknowledging receipt of the Dispute.
    (a) Timely Disputes. If the Dispute was timely submitted, the
notice of acknowledgement may identify any additional information or
documentation that is required for a thorough consideration of the
Dispute. The notice should provide no more than 30 calendar days for
the Affected Entity to provide the requested information. If it is not
feasible to identify such information or documentation in the notice
the DDO may request it at a later point in time prior to issuance of
the Dispute decision.
    (b) Untimely Disputes. If the DDO did not receive the Dispute
within the required 30-day period, or any extension of it, the DDO will
notify the Affected Entity that the Dispute is being dismissed as
untimely and the Agency Decision of the AO becomes final. The dismissal
of an untimely Dispute constitutes the final agency action. In
appropriate circumstances, the DDO may, as a matter of discretion,
consider an untimely Dispute if doing so would be in the interests of
fairness and equity.

0
12. Revise newly redesignated Sec.  1500.17 to read as follows:

Sec.  1500.17  Determination of Dispute.

    (a) In determining the merits of the Dispute, the DDO will consider
the record related to the Agency Decision, any documentation that the
Affected Entity submits with its Dispute, any additional documentation
submitted by the Affected Entity in response to the DDO's request under
Sec.  1500.16(a), and any other information the DDO determines is
relevant to the Dispute provided the DDO gives notice of that
information to the Affected Entity. The Affected Entity may not on its
own initiative submit any additional documents except in the support of
a request for reconsideration under paragraph (c) of this section.
    (b) The DDO will issue the Dispute decision within 180 calendar
days from the date the Dispute is received by the DDO unless a longer
period is necessary based on the complexity of the legal, technical,
and factual issues presented. The DDO will notify the Affected Entity
if the expected decision will not be issued within the 180-day period
and if feasible will indicate when the decision is expected to be
issued. The DDO will issue the Dispute decision electronically and
advise the Affected Entity of procedures for requesting
reconsideration. The DDO's decision will constitute the final agency
action unless the Affected Entity electronically petitions the DDO for
reconsideration within 15 calendar days of issuance of the DDO
Decision. The Affected Entity must include a detailed statement of the
factual and legal grounds warranting reversal or modification of the
DDO decision. In addition, the Affected Entity may submit additional
documents that were not previously provided to the DDO.
    (c) If a petition for reconsideration is submitted, the DDO's will
advise the Affected Entity within 15 calendar days of receipt of the
petition whether the DDO Decision will be reconsidered. The DDO will
issue this determination electronically. DDO's will only grant a
reconsideration petition if the Affected Entity provides relevant and
material evidence that was not available to the Affected Entity at the
time the Dispute was submitted or to correct a clear and prejudicial
error of fact or law. Denial of a petition for reconsideration
constitutes final agency action and the DDO will advise the Affected
Entity of the reasons for denying the reconsideration in writing.
    (d) If the DDO grants a reconsideration petition, the DDO will
issue a revised DDO Decision within 30 calendar days of acceptance of
the reconsideration petition unless a longer period is necessary based
on the complexity of the legal, technical, and factual issues
presented. The DDO will issue the revised DDO Decision electronically.
The revised DDO Decision and any new material considered by the DDO in
making the revised DDO Decision will become part of the record of the
Dispute. The revised DDO Decision will constitute final agency action.
    (e) The DDO may consider untimely filed reconsideration petitions
only if necessary, to correct a DDO Decision that is manifestly unfair
and inequitable in light of relevant and material evidence that the
Affected Entity could not have discovered during the 30-day period for
petitioning for reconsideration. This evidence must be submitted within
six months of the date of the DDO Decision. The DDO will advise the
Affected Entity within 30 days of receipt of an untimely filed
reconsideration petition whether the DDO will accept the petition.
Denial of an untimely filed reconsideration petition constitutes final
agency action.

[FR Doc. 2020-16894 Filed 9-29-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63640-63641]
[FR Doc No: 2020-22292]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0836]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: Airman Knowledge
Test Registration Collection

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval a new information collection. The
Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
October 22, 2019. The information collected is necessary to ensure
compliance and proper registration of an individual for the necessary
knowledge test for the certification or rating pursued by the
individual.

DATES: Written comments should be submitted by November 9, 2020.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ryan C. Smith by email at:
<EMAIL_ADDRESS>Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: 2120-XXXX.
    Title: Airman Knowledge Test Registration Collection.
    Form Numbers: There are no forms associated with this collection.
    Type of Review: New information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on October 22, 2019 (84 FR 56520). Individuals pursuing
an FAA certificate or rating to operate in the National Airspace System
(NAS) must meet the standards established in the FAA regulations
specific to the certificate sought by the individual. FAA certification
requires that an individual must successfully pass an Airman Knowledge
Test as part of the requirements to obtain an FAA certificate or
rating. The FAA develops and administers 90 different knowledge tests
in many different areas that are required as part of the overall airman
certification process.
    Airman Knowledge Tests are administered at approved Knowledge
Testing Centers by an approved test proctor who is required to
administer the appropriate Airman Knowledge Test to the individual
pursuing FAA certification. Individuals taking an FAA Airman Knowledge
Test must provide the following information to be collected in order to
complete the registration process before the administration of the
Airman Knowledge Test: Name, FAA Tracking Number (FTN), physical
address, Date of Birth, email address, photo identification, phone
number, test authorization (credentials of the individual such as an
instructor endorsement), and previous number of test attempts.
    The information provided by the individual is collected and stored
electronically in the application used for test registration and
delivery. This information is used to determine the identify and
eligibility of the individual for compliance of FAA certification
requirements.
    Respondents: 200,000 annually.

    Frequency: n/a.
    Estimated Average Burden per Response: 2 minutes.
    Estimated Total Annual Burden: 5,000 hours annually.
    200,000 respondents x 2 minutes each = 400,000 minutes.
    400,000 minutes/60 minutes in an hour = 6,666 hours annually.

    Issued in Oklahoma City, OK on September 24, 2020.
Ryan C. Smith,
Airman Knowledge Testing Program Manager, Airman Testing Standards
Branch (AFS-630).
[FR Doc. 2020-22292 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Page 31026]
[FR Doc No: 2012-12592]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Requirements for Importing Food and Drug Administration Regulated
Products Into the United States

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of meeting.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
following meeting: ``Requirements for Importing Food and Drug
Administration Regulated Products Into the United States.'' The topics
to be discussed are FDA regulations with respect to importing
pharmaceutical products, medical devices, food products, as well as
technology which applies to brokers and forwarders.
    Date and Time: The meeting will be held on July 18, 2012, from 8:30
a.m. to 5 p.m. in Des Plaines, IL.
    Location: The meeting will be held at the Illinois Department of
Transportation Building, 9511 West Harrison St., Des Plaines, IL,
60016.
    Contact: Lisa Misevicz, Food and Drug Administration, 550 West
Jackson Blvd., suite 1500, Chicago, IL 60661;<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Registration: Send registration information (including name, title,
firm name, address, telephone, and fax number) to the contact person by
July 2, 2012.
    If you need special accommodations due to a disability, please
contact Lisa Misevicz at least 7 days in advance.

    Dated: May 17, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-12592 Filed 5-23-12; 8:45 am]
BILLING CODE 4160-01-P


                                                                   May 16, 2011

                             Proposed GHG/FE Rule

                          Hybrid Certification Issues

      To make hybrid certification more representative of real-world operation of hybrid vehicles, and to ensure a fair evaluation regardless of test procedure selected, EMA/TMA requests the following modifications to the proposed GHG/FE rule:

1)          For hybrid engine dynamometer evaluation: Limit available tractive effort based on the vehicle FTP cycle to ensure that available hybrid tractive effort matches real world operation.  See, Appendix A and C.

2)          For chassis dynamometer and simulated chassis dynamometer: Modify the cycle weightings for hybrid vocational vehicles without PTO to better match real-world operation, and to provide an equivalent hybrid benefit as compared to the hybrid engine evaluation (align potential benefits with vehicle FTP cycle).  See, Appendix A.

                                  VOCATIONAL
                                   WEIGHTING
                                      PTO
                                   TRANSIENT
                                 55mph CRUISE
                                 65 mph CRUISE

                                   Proposed
                                      0%
                                      42%
                                      21%
                                      37%

                                   Modified
                                      0%
                                      75%
                                      9%
                                      16%

3)           For chassis dynamometer and simulated chassis dynamometer: Modify the cycle weightings for hybrid vocational vehicles with PTO to better match real-world operation, and to provide an equivalent hybrid benefit as compared to the hybrid engine evaluation.  See, Appendix B.

                                PTO- VOCATIONAL
                                   WEIGHTING
                                      PTO
                                   TRANSIENT
                                 55mph CRUISE
                                 65 mph CRUISE

                                   Proposed
                                      28%
                                      30%
                                      15%
                                      27%

                                   Modified
                                      45%
                                      50%
                                      5%
                                      0%

49879_2


[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Page 6238]
[FR Doc No: 2014-02144]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Form BD-N/Rule 15b11-1, SEC File No. 270-498, OMB Control No.
3235-0556.

    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'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information discussed below.
    Rule 15b11-1 (17 CFR 240.15b11-1) requires that futures commission
merchants and introducing brokers registered with the Commodity Futures
Trading Commission that conduct a business in security futures products
must notice-register as broker-dealers pursuant to Section 15(b)(11)(A)
of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Form
BD-N (17 CFR 249.501b) is the Form by which these entities must notice
register with the Commission.
    The total annual burden imposed by Rule 15b11-1 and Form BD-N is
approximately 16 hours, based on approximately 60 responses (2 initial
filings + 58 amendments). Each initial filing requires approximately 30
minutes to complete and each amendment requires approximately 15
minutes to complete. There is no annual cost burden.
    The Commission will use the information collected pursuant to Rule
15b11-1 to understand the market for securities futures product and
fulfill its regulatory obligations.
    Completing and filing Form BD-N is mandatory in order for an
eligible futures commission merchant or introducing broker to conduct a
business in security futures products. Compliance with Rule 15b11-1
does not involve the collection of confidential information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: January 28, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02144 Filed 1-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]
[Page 8406-8408]
[DOCID:fr26fe07-124]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55292; File No. SR-Amex-2006-86]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Granting Accelerated Approval of a Proposed Rule Change, as Modified by
Amendment Nos. 1, 2, and 3 Thereto, Relating to the Listing and Trading
of Shares of the PowerShares DB U.S. Dollar Index Bullish Fund and the
PowerShares DB U.S. Dollar Index Bearish Fund

February 14, 2007.

I. Introduction

    On September 13, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ On November 17, 2006, Amex filed Amendment No. 1 to the
proposed rule change. On December 19, 2006, Amex filed Amendment No. 2
to the proposed rule change. On January 12, 2007, Amex filed Amendment
No. 3 to the proposed rule change. The proposed rule change, as
amended, was published for comment in the Federal Register on January
24, 2007 for a 15-day comment period.\3\ The Commission received no
comments on the proposal. This Order approves the proposed rule change,
as modified by Amendment Nos. 1, 2, and 3, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55110 (January 16,
2007), 72 FR 3171 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Pursuant to Commentary .07 of Amex Rule 1202, the Exchange proposes
to list and trade shares of the PowerShares DB U.S. Dollar Index
Bullish Fund (the ``Bullish Fund'') and the PowerShares DB U.S. Dollar
Index Bearish Fund (the ``Bearish Fund,'' and together with the Bullish
Fund, the ``Funds''), each of which represents a series of the DB U.S.
Dollar Index Trust (the ``Trust''). The shares of each of the Funds
(the ``Shares'') represent beneficial ownership interests in the
corresponding common units of beneficial interests of the DB U.S.
Dollar Index Master Bullish Fund (the ``Master Bullish Fund'') and the
DB U.S. Dollar Index Master Bearish Fund (the ``Master Bearish Fund,''
and together with the Master Bullish Fund, the ``Master

Funds''), respectively. Each of the Funds and each of the Master Funds
are commodity pools operated by DB Commodity Services LLC (the
``Managing Owner''). The Trust and the Funds will not be subject to
registration and regulation under the Investment Company Act of 1940.
    In its proposal, the Exchange provided detailed descriptions
regarding the overall investment objectives of the Funds, the
calculation methodology and components of the underlying indexes, the
structure and operation of the Funds, and the listing and trading of
the Shares. Key features of the proposal are noted below.
    The Underlying Indexes. The overall investment objective of each of
the Funds and the Master Funds is to reflect the performance of their
respective benchmark index, less expenses, plus the excess, if any, of
the corresponding Master Fund's interest income from its holdings of
U.S. Treasury and other high-credit-quality, short-term fixed income
securities over its expenses. The Bullish Fund will seek to track the
``Long Index'' by investing in long positions in futures contracts
(``DX Contracts'') on the U.S. Dollar Index[supreg] (``USDX''), and the
Bearish Fund will seek to track the ``Short Index'' by investing in
short positions in DX Contracts on the USDX. Both the Long Index and
Short Index (collectively, the ``Indexes'') are designed to reflect the
return from investing in the first-to-expire DX Contract. DX Contracts
are traded through the FINEX currency markets of the New York Board of
Trade (``NYBOT''). As discussed more fully in the Notice, the USDX is
composed of six underlying foreign currencies (the ``Index
Currencies''), and the value of the USDX reflects a general indication
of the international value of the USD by averaging the exchange rates
between the U.S. Dollar (``USD'') and the Index Currencies.
    The use of a long position in a DX Contract in the construction of
the Long Index would cause the Long Index level to rise as a result of
any upward price movement in the DX Contract. Conversely, the use of a
short position in a DX Contract in the construction of the Short Index
would cause the Short Index level to rise as a result of any downward
price movement in the DX Contract. As a result, the performance of the
Long Index and Short Index would reflect any rise or fall of the USD
versus the underlying basket of Index Currencies.
    Creation and Redemption of Shares. Issuances of the Shares will be
made only in one or more blocks of 200,000 Shares (each such block, a
``Basket''). Each of the Funds will issue and redeem Shares on a
continuous basis, by or through participants that have entered into
participant agreements (each, an ``Authorized Participant'') with the
Managing Owner at the net asset value (``NAV'') per Share next
determined after an order to purchase a Basket is received in proper
form. A Basket will be issued in exchange for a cash amount equal to
the NAV per Share times 200,000 Shares (the ``Cash Deposit Amount'').
The Bank of New York (the ``Administrator'') will determine the Cash
Deposit Amount on each business day. An Authorized Participant that
wishes to purchase a Basket must transfer the Cash Deposit Amount to
the Administrator. Authorized Participants that wish to redeem a Basket
will receive cash in exchange for each Basket surrendered in an amount
equal to the NAV per Basket.
    Availability of Information. As set forth in the Notice,
information regarding the Shares will be available through Exchange,
the Index Sponsor, and various independent sources. Deutsche Bank AG
London (the ``Index Sponsor'') will calculate the values of the Indexes
during the trading day and such values will be disseminated at least
every 15 seconds through major market data vendors and the Index
Sponsor's Web site.\4\ The Exchange will also disseminate for each of
the Funds on a per-Share basis an updated ``Indicative Fund Value,''
which reflects the cash required for creations and redemptions for each
Fund, adjusted to reflect the price changes of the DX Contracts and the
holdings of U.S. Treasury securities and other high-credit-quality,
short-term fixed income securities, at least every 15 seconds during
regular Amex trading hours of 9:30 a.m. to 4:15 p.m. Eastern Time
(``ET''). Shortly after 4 p.m. ET each business day, the Administrator
will determine the NAV for each of the Funds, and the NAV per Share for
each of the Funds will be disseminated to all market participants at
the same time.\5\
---------------------------------------------------------------------------

    \4\ Amex has represented that the Managing Owner would seek to
arrange to have each Index calculated and disseminated at least
every 15 seconds on a daily basis through a third party if the Index
Sponsor ceases to calculate and disseminate an Index. If, however,
the Managing Owner is unable to arrange the calculation and
dissemination of any Index value, the Exchange will undertake to
delist the Shares related to such Index.
    \5\ The Exchange stated that if the NAV per Share for any Fund
is not disseminated to all market participants at the same time, it
would halt trading in the Shares of such Fund.
---------------------------------------------------------------------------

    On each business day, the Administrator will make available
immediately prior to the opening of trading on Amex the most recent
Cash Deposit Amount for the creation of a Basket, and the Exchange will
disseminate the current value of the Cash Deposit Amount on a per-Share
basis at least every 15 seconds throughout the trading day. The daily
settlement prices of the DX Contracts, specific contract
specifications, and delayed futures contract information on current and
past trading sessions, including futures quotes and last sale
information, are publicly available on NYBOT's Web site and on the Web
sites of various market data vendors, news publications, automated
quotation systems, or other financial information services.
    The Exchange also intends to disseminate on a daily basis for each
of the Funds information with respect to the daily trading volume of
each of the Shares, the number of Shares outstanding, the closing
prices of each Fund's Shares, the corresponding NAV, and a hyperlink on
its Web site to the Index Sponsor's Web site. The Web site for each of
the Funds and/or the Exchange will also contain the following
information: (1) The current NAV per Share daily, the prior business
day's NAV, and the reported closing price; (2) the mid-point of the
bid-ask price in relation to the NAV as of the time the NAV is
calculated (the ``Bid-Ask Price''); (3) the calculation of the premium
or discount of such price against such NAV; (4) data in chart form
displaying the frequency distribution of discounts and premiums of the
Bid-Ask Price against the NAV, within appropriate ranges for each of
the four previous calendar quarters; (5) the prospectus; and (6) other
applicable quantitative information.
    The Exchange further states that each of the Funds is subject to
the criteria in Commentary .07 of Amex Rule 1202, and for purposes of
the initial and continued listing requirements, the Shares would be in
compliance with Section 803 of the Amex Company Guide and Rule 10A-3
under the Act.\6\ Because the Shares would trade as equity securities,
the Shares would be subject to applicable Amex rules governing the
trading of equity securities, including, among others, rules governing
priority, parity, and precedence of orders; specialist
responsibilities; account opening; and customer suitability (Amex Rule
411).
---------------------------------------------------------------------------

    \6\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent

with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\7\ In
particular, the Commission finds that the proposal is consistent with
the requirements of Section 6(b)(5) of the Act,\8\ which requires,
among other things, that the Exchange's rules be designed 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 Commission notes that these Funds are substantially similar to
other funds, the listing and trading of shares of which have previously
been approved by the Commission. Such shares are currently trading
pursuant to Commentary .07 to Amex Rule 1202.\9\
---------------------------------------------------------------------------

    \7\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ See e.g., Securities Exchange Act Release Nos. 55029
(December 29, 2006), 72 FR 806 (January 8, 2007) (SR-Amex-2006-76)
(DB Multi-Sector Commodity Trust); 54450 (September 14, 2006), 71 FR
55230 (September 21, 2006) (SR-Amex-2006-44) (PowerShares DB G10
Harvest Fund, formerly known as DB Currency Index Value Fund); and
53105 (January 11, 2006), 71 FR 3129 (January 19, 2006) (SR-Amex-
2005-059) (DB Commodity Index Tracking Fund).
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Exchange Act,\10\ which sets
forth Congress' finding that it is in the public interest and
appropriate for the protection of investors and the maintenance of fair
and orderly markets to assure the availability to brokers, dealers, and
investors of information with respect to quotations for and
transactions in securities. Key information will be disseminated at
least every 15 seconds throughout the trading day, including the value
of each Index \11\ and the Indicative Fund Value on a per-Share basis
for each Fund. The NAV of each of the Funds will be calculated once
each trading day and disseminated to all market participants at the
same time. In addition, daily settlement prices, futures quotes, and
last-sale information for the DX Contracts will be disseminated through
a variety of major market data vendors, and complete real-time data for
such futures are available by subscription from such vendors. The
Exchange's Web site will also disclose information regarding the
Shares, including among other things, the current value of the Cash
Deposit Amount for the creation of a Basket, daily trading volume, the
closing price, and the number of Shares outstanding.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \11\ A number of independent sources verify both the intraday
and closing Index values. See Notice, 72 FR at 3173, note 13.
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has made the following
representations:
    (1) Amex would rely on its existing surveillance procedures, which
are adequate to monitor the trading of the Shares and to deter and
detect violations of applicable rules. Specifically, the Exchange will
rely on its surveillance procedures applicable to trust-issued
receipts, portfolio depository receipts, and index fund shares and will
incorporate and rely upon existing Amex surveillance procedures
governing options and equities. In addition, Amex has in place an
information sharing agreement with NYBOT, which is a member of the
Intermarket Surveillance Group.
    (2) The Index Sponsor has in place procedures to prevent the
improper sharing of information between different affiliates,
departments, and employees of the Index Sponsor. Specifically, an
information barrier exists between the personnel of the Index Sponsor
that calculate and reconstitute the Indexes and other personnel of the
Index Sponsor, including, without limitation, the Managing Owner,
employees involved in sales and trading activities, internal and
external fund managers, and certain bank personnel.
    (3) Amex will distribute an Information Circular to its members
providing guidance with regard to the special characteristics and risks
of trading this type of security, the creation and redemption
procedures, applicable Amex rules, the various fees and expenses, and
the prospectus delivery requirements applicable to the Funds.
    This Order is conditioned on Amex's adherence to the foregoing
representations.
    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment Nos. 1, 2, and 3 thereto, prior to the
thirtieth day after publication for comment in the Federal Register
pursuant to Section 19(b)(2) of the Act.\12\ The Shares are similar to
certain trust-issued receipts, the listing and trading of which have
previously been approved by the Commission, and do not appear to
present any new regulatory concerns.\13\ Furthermore, the Commission
did not receive any comments on the proposal. Accelerating approval
will allow the Shares to trade on Amex without undue delay and should
generate additional competition in the market for such products.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).
    \13\ See supra note 9.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-Amex-2006-86), as modified
by Amendment Nos. 1, 2, and 3, be, and it hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-3158 Filed 2-23-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65735-65736]
[FR Doc No: 2015-27173]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-89-000]

Jether Energy Research, Ltd.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Jether Energy Research, Ltd.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR

part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 9, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-27173 Filed 10-26-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Page 27597]
[FR Doc No: 2014-11014]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-347-000]

Magnolia LNG, LLC; Notice of Onsite Environmental Review

    On May 21, 2014, the Office of Energy Projects staff will be in
Calcasieu Parish, Louisiana (south of Lake Charles) to gather data
related to the environmental analysis of the proposed Magnolia LNG
Project site. Staff will examine selected site areas that are only
accessible by all-terrain vehicles.
    All interested parties planning to attend must provide their own
transportation. Those attending should meet at the following location:
     Wednesday, May 21, 2014 at 8:00 a.m. (CDT) meet at the
intersection of Big Lake Road and Henry Pugh Road in Lake Charles,
Louisiana.
    Please use the FERC's free eSubscription service to keep track of
all formal issuances and submittals in these dockets. This can reduce
the amount of time you spend researching proceedings by automatically
providing you with notification of these filings, document summaries,
and direct links to the documents. To register for this service, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Information about specific onsite environmental reviews is posted
on the Commission's calendar at http://www.ferc.gov/EventCalendar/EventsList.aspx. For additional information, contact Office of External
Affairs at (866) 208-FERC.

    Dated: May 7, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-11014 Filed 5-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Pages 46445-46446]
[FR Doc No: 2012-19005]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0720]

Environmental Topics Related to the International Maritime
Organization's Development of a Mandatory Code for Ships Operating in
Polar Waters; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting; request for comments.

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

SUMMARY: The United States Coast Guard will hold a public meeting in
Washington, DC on environmental topics related to the development of a
mandatory code for ships operating in polar waters by the International
Maritime Organization (IMO Polar Code).

DATES: The public meeting will be held on Tuesday, August 28, 2012 from
9:30 a.m. to 4 p.m., EST, to provide an opportunity for oral comments.
Written comments and related material may also be submitted to Coast
Guard personnel specified at that meeting. All comments and related
material submitted after the meeting must either be submitted to our
online docket via http://www.regulations.gov on or before Friday,
September 7, 2012 or reach the Docket Management Facility by that date.

ADDRESSES: The public meeting will be held at the United States Coast
Guard Headquarters Transpoint Building, Room 2501, 2100 Second Street
Southwest, Washington, DC 20593, approximately 1 mile from the
Waterfront-SEU Metro Station. Due to building security requirements,
each visitor must present two forms of government-issued photo
identification in order to gain entrance to the building.
    You may submit written comments identified by docket number USCG-
2012-0720 before or after the meeting using any one of the following
methods:
    (1) http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
Our online docket is available on the Internet at http://www.regulations.gov under docket number USCG-2012-0720.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
meeting, please call or email Lieutenant Andrew Gibbons, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this matter by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2012-0720) and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means. We
recommend that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2012-0720'' in the ``Search'' box. Click ``Search,'' find
this notice in the list of Results, and then click on the corresponding
``Comment Now'' box. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as
being available in the docket, go to http://www.regulations.gov and
insert ``USCG-2012-0720'' in the ``Search'' box. Click ``Search'' and
use the filters on the left side of the page to highlight ``Public
Submissions'' or other document types. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    The Coast Guard will hold a public meeting regarding environmental
topics related to the development of the IMO Polar Code. The public
meeting will be held on Tuesday, August 28, 2012 from 9:30 a.m. to 4
p.m., EST at the United States Coast Guard Headquarters Transpoint
Building, Room 2501, 2100 Second Street Southwest, Washington, DC
20593, approximately 1 mile from the Waterfront-SEU Metro Station. Due
to building security requirements, each visitor must present two forms
of government-issued photo identification in order to gain entrance to
the building.
    The purpose of this public meeting is to discuss relevant topics
for consideration in development of environmental sections of the IMO
Polar Code. The public meeting will address additional risks and
hazards unique to the Arctic and Antarctic regions and any additional
safeguards to be considered in the environmental sections of the IMO
Polar Code. The primary topics that will be considered at the public
meeting include:
     International Convention for the Prevention of Pollution
from Ships (MARPOL Annexes I-VI);
     International Convention for the Control and Management of
Ships' Ballast Water and Sediments;
     International Convention on the Control of Harmful Anti-
fouling Systems on Ships; and
     Other considerations including voyage planning, greywater,
underwater noise, marine mammals, heavy grade fuel oil (HFO), and
pollution response.

Procedural

    Please note that the public meeting has a limited number of seats
and may close early if all business is finished. Also, teleconferencing
will be available. Those interested in teleconferencing

should contact Lieutenant Andrew Gibbons at the telephone number or
email address indicated under the FOR FURTHER INFORMATION CONTACT
section of this notice. Summaries of comments made, materials
presented, and lists of attendees will be available for viewing in the
docket after the meeting.
    Members of the public may attend this meeting up to the seating
capacity of the room. To facilitate the security process related to
building access, or to request reasonable accommodation, those who plan
to attend should contact the meeting coordinator, Lieutenant Andrew
Gibbons, at the telephone number or email address indicated under the
FOR FURTHER INFORMATION CONTACT section of this notice, or in writing
at Commandant (CG-ENG-3), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593-7126, not later than Friday, August 17, 2012. We
may not be able to accommodate requests made after August 17, 2012.
Please note that due to building security requirements, each visitor
must present two valid, government-issued photo identifications in
order to gain entrance to the Coast Guard Headquarters building. The
Coast Guard Headquarters building is accessible by taxi and privately
owned conveyance (public transportation is not generally available).
However, public parking in the vicinity of the building is extremely
limited.
    Members of the public are encouraged to participate and join in
discussions, subject to the discretion of the moderator. If you bring
written comments to the meeting, you may submit them to Coast Guard
personnel specified at the meeting to receive written comments. These
comments will be submitted to our online public docket. All comments
received will be posted without change to http://www.regulations.gov
and will include any personal information you have provided.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Lieutenant Andrew Gibbons at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

    Dated: July 27, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2012-19005 Filed 8-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Pages 10369-10371]
[FR Doc No: 2022-03916]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0013]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Sanitary Transportation of Human and Animal Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection requirements
associated with the sanitary transportation of human and animal food.

DATES: Submit either electronic or written comments on the collection
of information by April 25, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 25, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 25, 2022. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0013 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Sanitary Transportation of Human
and Animal Food.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you

must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate 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 collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Sanitary Transportation of Human and Animal Food--21 CFR Part 1,
Subpart O

OMB Control Number 0910-0773--Extension

    This information collection supports FDA regulations regarding the
sanitary transportation of human and animal food. The regulations are
intended to focus on preventing food safety problems throughout the
food chain and were issued under the Sanitary Food Transportation Act
of 2005 (2005 SFTA), and the FDA Food Safety Modernization Act, enacted
in 2011. The 2005 SFTA amended the Federal Food, Drug, and Cosmetic Act
(FD&C Act), in part, by creating section 416 (21 U.S.C. 350e), which
directs us to issue regulations to require shippers, carriers by motor
vehicle or rail vehicle, receivers, and other persons engaged in the
transportation of food to use prescribed sanitary transportation
practices to ensure that food is not transported under conditions that
may render the food adulterated. Section 416 also directs that we
prescribe appropriate human and animal food transportation practice
requirements relating to: (1) Sanitation; (2) packaging, isolation, and
other protective measures; (3) limitations on the use of vehicles; (4)
information to be disclosed to carriers and to manufacturers; and (5)
recordkeeping.
    In addition, the 2005 SFTA created section 402(i) of the FD&C Act
(21 U.S.C. 342(i)), which provides that food that is transported or
offered for transport by a shipper, carrier by motor vehicle or rail
vehicle, receiver, or any other person engaged in the transportation of
food under conditions that are not in compliance with the regulations
issued under section 416 is adulterated and section 301(hh) of the FD&C
Act (21 U.S.C. 331(hh)), which prohibits the failure by a shipper,
carrier by motor vehicle or rail vehicle, receiver, or any other person
engaged in the transportation of food to comply with the regulations
issued under section 416.
    The 2005 SFTA also amended section 703 of the FD&C Act (21 U.S.C.
373) by providing that a shipper, carrier by motor vehicle or rail
vehicle, receiver, or other person subject to section 416 shall, on
request of an officer or employee designated by FDA, permit the officer
or employee, at reasonable times, to have access to and to copy all
records that are required to be kept under the regulations issued under
section 416.
    Accordingly, we issued regulations in 21 CFR part 1, subpart O (21
CFR 1.900 through 1.934) that establish requirements for the sanitary
transportation of human and animal food, as well as prescribe
procedures for respondents who wish to request a waiver for any
requirement. For additional information regarding Agency implementation
of the SFTA, visit our website at https://www.fda.gov/food/guidance-documents-regulatory-information-topic-food-and-dietary-supplements/sanitation-transportation-guidance-documents-regulatory-information.
    We estimate the burden of the information collection as follows:

                                Table 1--Estimated Annual Recordkeeping Burden 1
----------------------------------------------------------------------------------------------------------------
                                                   Number of                     Average burden
   21 CFR section; activity        Number of      records per    Total annual          per          Total hours
                                 recordkeepers   recordkeeper       records       recordkeeping
----------------------------------------------------------------------------------------------------------------
1.912; Record retention.......       1,502,032               1       1,502,032  0.083 (5                 124,669
                                                                                minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We estimate an annual recordkeeping burden of 124,669, which
assumes 1,502,032 workers will spend an average of 5 minutes on
activities related to the record retention requirements under 21 CFR
1.912. We expect these activities will likely include documenting
procedures and training, as well as sanitary transportation operations
and specification requirements.

                                  Table 2--Estimated Annual Reporting Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
    21 CFR section; activity         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
1.914; Waiver petitions.........               2               1               2              24              48
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We estimate one waiver petition from each of two firms will be
submitted and respondents will spend 24 hours to prepare and submit the
petition to FDA.

                            Table 3--Estimated Annual Third-Party Disclosure Burden 1
----------------------------------------------------------------------------------------------------------------
                                                   Number of
   21 CFR section; activity        Number of      disclosures    Total annual    Average burden     Total hours
                                  respondents   per respondent    disclosures    per  disclosure
----------------------------------------------------------------------------------------------------------------
1.908; Disclosure of sanitary              226               1             226  0.5833 (~35                  132
 specifications; operating                                                       minutes).
 temperature conditions.
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Finally, we estimate an annual third-party disclosure burden of 132
hours, assuming each of 226 firms will spend an average of 35 minutes,
annually, disclosing written records as required under 21 CFR 1.908.
    Based on an evaluation of the information collection, we have made
no adjustments to our burden estimate.

    Dated: February 16, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-03916 Filed 2-23-22; 8:45 am]
BILLING CODE 4164-01-P