[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37210-37211]
[FR Doc No: 2021-14984]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0098]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From EROAD Inc.

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA requests public comment on an application for exemption
from EROAD Inc. (EROAD) to allow its Dashcam system, which is equipped
with cameras, to be mounted lower in the windshield on commercial motor
vehicles than is currently permitted.

DATES: Comments must be received on or before August 13, 2021.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0098 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0098. Follow the online
instructions for submitting comments.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.

     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
If you have questions on viewing or submitting material to the docket,
call Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA 2021-0098), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
    To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2021-0098, click on the ``Comment Now!'' button
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0098 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations.

Privacy Act

    DOT solicits comments from the public to better inform its
regulatory processes, in accordance with statute 49 U.S.C.
31315(b)(6)(A). DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL 14--Federal Docket
Management System), which can be reviewed at www.transportation.gov/privacy.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request. The Agency reviews the safety analyses and the public comments
and determines whether granting the exemption would likely achieve a
level of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

EROAD's Application for Exemption

    The FMCSRs require devices meeting the definition of ``vehicle
safety technology'' to be mounted (1) not more than 4 inches below the
upper edge of the area swept by the windshield wipers, or (2) not more
than 7 inches above the lower edge of the area swept by the windshield
wipers, and outside the driver's sight lines to the road and highway
signs and signals. EROAD has applied for an exemption from 49 CFR
393.60(e)(1) to allow its Dashcam system, which is equipped with
camera(s) and safety technologies, to be mounted lower in the
windshield than is currently permitted. A copy of the exemption
application is included in the docket referenced at the beginning of
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on EROAD's application for an
exemption. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-14984 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Notices]
[Pages 40626-40627]
[FR Doc No: 2012-16861]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0014]

RP9580.210, Personal Assistance Services in Shelters Fact Sheet

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Fact Sheet RP9580.210, Personal Assistance
Services in Shelters. The purpose of this new fact sheet is to provide
clarification on the eligibility of personal assistance services in
congregate and transitional shelters under the Category B, Emergency
Protective Measures provision of FEMA's Public Assistance Program.

DATES: Comments must be submitted by August 9, 2012.

ADDRESSES: Comments must be identified by docket ID FEMA-2012-0014 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
fact sheet is not a rulemaking and the Federal Rulemaking Portal is
being utilized only as a mechanism for receiving comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street SW., Washington, DC
20472-3100.

FOR FURTHER INFORMATION CONTACT: Lu Juana Richardson, Public Assistance
Division, via email at<EMAIL_ADDRESS>by phone (202) 646-
3834, or facsimile at<PHONE_NUMBER>, or by mail Federal Emergency
Management Agency, Public Assistance Division, Room 408-67, 500 C
Street SW., Washington, DC 20472.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
on the homepage of www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed fact sheet is available in docket ID FEMA-
2012-0014. For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov, click on ``Advanced Search,'' then enter ``FEMA-
2012-0014'' in the ``By Docket ID'' box, then select ``FEMA'' under
``By Agency,'' and then click ``Search.'' Submitted comments may also
be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C Street
SW., Washington, DC 20472.

II. Background

    The fact sheet, RP9580.210, Personal Assistance Services in
Shelters provides clarification on the eligibility of personal
assistance services in congregate and transitional shelters under the
Category B, Emergency Protective Measures provision of the FEMA's
Public Assistance Program. FEMA will reimburse eligible applicants'
reasonable costs associated with the provision of personal assistance
services to persons with disabilities in congregate and transitional
shelters. Personal assistance services include but, are not limited to,
caring for self (grooming, eating, bathing, toileting, dressing and
undressing), walking, transferring (moving to and or from a wheelchair
or cot), taking medicines, communicating and accessing programs and
services.
    The proposed fact sheet does not have the force or effect of law.
    FEMA seeks comment on the proposed fact sheet, which is available
online at http://www.regulations.gov in docket ID FEMA-2012-0014. Based
on the comments received, FEMA may make appropriate revisions to the
proposed fact sheet. Although FEMA will consider any comments received
in the drafting of the final fact sheet, FEMA will not provide a
response to

comments document. When or if FEMA issues a final fact sheet, FEMA will
publish a notice of availability in the Federal Register and make the
final fact sheet available at http://www.regulations.gov. The final
fact sheet will not have the force or effect of law.

    Authority: 42 U.S.C. 5121-5207.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2012-16861 Filed 7-9-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Notices]
[Page 53431]
[DOCID:fr11se06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-540-000]

High Island Offshore System, L.L.C., Notice of Proposed Changes
in FERC Gas Tariff

September 5, 2006.
    Take notice that on August 31, 2006, High Island Offshore System,
L.L.C. (HIOS) tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, the tariff sheets listed in Appendix A to the
filing, to become effective October 1, 2006.
    HIOS states that the proposed rate changes result in an increase of
$13.8 million in total system revenues from jurisdictional service
based on the 12-month base period ending June 30, 2006, as adjusted for
known and measurable changes through the nine month test period ending
March 31, 2007. HIOS further states that the rate change is necessary
to compensate HIOS for increases in its operating costs, depreciation
expense, and negative salvage expenses and to provide a reasonable
management fee. HIOS notes that the rate change is also needed to
recognize significant reductions in transportation throughput. HIOS
also proposes to implement certain firm service enhancements applicable
to future services. Finally, HIOS is proposing a new Rate Schedule FT-
3, using a term-differentiated rate design.
    HIOS states that a full copy of its filing is being served on all
jurisdictional customers, applicable state commissions and interested
parties that have requested service.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line 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. E6-14976 Filed 9-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13924-13925]
[FR Doc No: 2017-05114]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2017-0027]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection(s):
Procedures for Transportation Workplace Drug and Alcohol Testing
Programs

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB) approval to renew an information collection. The collection
involves Transportation Drug and Alcohol Testing. The information to be
collected will be used to document tests conducted and actions taken to
ensure safety in the workplace and/or is necessary because under the
Omnibus Transportation Employee Testing Act of 1991, DOT is required to
implement a drug and alcohol testing program in various transportation-
related industries. DOT is required to publish this notice in the
Federal Register in accordance with the Paperwork Reduction Act of
1995.

DATES: Comments to this notice must be received by May 15, 2017.

ADDRESSES: You may submit comments by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the DOT electronic docket site.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey

Avenue SE., West Building, Room W12-140, Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
    Instructions: You must include the agency name and docket number
[DOT-OST-2017-0027] of this notice at the beginning of your comment.
Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided.
Please see the Privacy Act section of this document.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Management System
office at the above address.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Office of Drug and
Alcohol Policy and Compliance, Office of the Secretary, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Room W62-317,
Washington, DC 20590;<PHONE_NUMBER> (voice),<PHONE_NUMBER> (fax), or
<EMAIL_ADDRESS>(email).

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0529.
    Title: Procedures for Transportation Workplace Drug and Alcohol
Testing Programs.
    Form Numbers: DOT F 1385; DOT F 1380.
    Type of Review: Clearance of a renewal of an information
collection.
    Background: Under the Omnibus Transportation Employee Testing Act
of 1991, DOT is required to implement a drug and alcohol testing
program in various transportation-related industries. This specific
requirement is elaborated in 49 CFR part 40, Procedures for
Transportation Workplace Drug and Alcohol Testing Programs. This
request for a renewal of the information collection for the program
includes 43 burden items including the U.S. Department of
Transportation Alcohol Testing Form (ATF) [DOT F 1380] and the DOT Drug
and Alcohol Testing Management Information System (MIS) Data Collection
Form [DOT F 1385].
    The ATF includes the employee's name, the type of test taken, the
date of the test, and the name of the employer. Data on each test
conducted, including test results, is necessary to document that the
tests were conducted and is used to take action, when required, to
ensure safety in the workplace. The MIS form includes employer specific
drug and alcohol testing information such as the reason for the test
and the cumulative number of test results for the negative, positive,
and refusal tests. No employee specific data is collected. The MIS data
is used by each of the affected DOT Agencies (i.e., Federal Aviation
Administration, Federal Transit Administration, Federal Railroad
Administration, Federal Motor Carrier Safety Administration, and the
Pipeline and Hazardous Materials Safety Administration) and the United
States Coast Guard when calculating their industry's annual random drug
and/or alcohol testing rate.
    Respondents: The information will be used by transportation
employers, Department representatives, and a variety of service agents.
Estimated total number of respondents is 3,034,690.
    Frequency: The information will be collected annually.
    Estimated Total Number Burden Hours: 748,196.
    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 DOT's performance; (b) The
accuracy of the estimated burden; (c) Ways for the DOT 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. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on February 24, 2017.

Authority and Issuance

    Dated: February 24, 2017.
Patrice M. Kelly,
Acting Director, DOT, Office of Drug and Alcohol Policy and Compliance,
Acting Director.
[FR Doc. 2017-05114 Filed 3-14-17; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Page 85958]
[FR Doc No: 2023-27165]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99095; File No. SR-MEMX-2023-25]

Self-Regulatory Organizations; MEMX LLC; Notice of Withdrawal of
a Proposed Rule Change To Amend the Exchange's Fee Schedule To
Establish an Options Regulatory Fee

December 6, 2023.
    On September 27, 2023, MEMX LLC (``MEMX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission''),
pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
(File No. SR-MEMX-2023-25) to establish an Options Regulatory Fee.\3\
The proposed rule change was immediately effective upon filing with the
Commission pursuant to section 19(b)(3)(A) of the Act.\4\ The proposed
rule change was published for comment in the Federal Register on
October 4, 2023.\5\ On November 24, 2023, pursuant to section
19(b)(3)(C) of the Act, the Commission temporarily suspended the
proposed rule change and instituted proceedings under section
19(b)(2)(B) of the Act to determine whether to approve or disapprove
the proposed rule change.\6\ On December 1, 2023, the Exchange withdrew
the proposed rule change (SR-MEMX-2023-25).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98585 (September 28,
2023), 88 FR 68692 (October 4, 2023) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ See Notice, supra note 3.
    \6\ See Securities Exchange Act Release No. 99017, 88 FR 83590
(November 30, 2023).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27165 Filed 12-8-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70605-70607]
[FR Doc No: 2014-27978]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73660; File No. SR-Phlx-2014-74]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Clarify
the Exchange's Pricing Schedule Under Section VIII With Respect to
Execution and Routing of Orders in Securities Priced at $1 or More Per
Share

November 20, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 12, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make a minor clarifying change to Section
VIII of the Pricing Schedule entitled ``NASDAQ OMX PSX Fees,'' with
respect to execution and routing of orders in securities priced at $1
or more per share.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to make a minor
clarifying change to the Pricing Schedule applicable to shares executed
on the NASDAQ OMX PSX System (``PSX''). Specifically, the Exchange
proposes to clarify the definition of Consolidated Volume under Section
VIII(a) of the Pricing Schedule. The Exchange recently adopted \3\ the
definition of Consolidated Volume, which is used as a measure in
determining market participant eligibility for certain credits for
participation in PSX. Consolidated Volume is currently defined as the
total consolidated volume reported to all consolidated transaction
reporting plans by all exchanges and trade reporting facilities during
a month, excluding executed orders with a size of less than one round
lot. The Exchange compares a participant's equity transactions in PSX
to Consolidated Volume to determine how impactful its particular order
activity in PSX is in relation to overall equity market volume. The
Exchange notes that the definition of Consolidated Volume does not
expressly state that it encompasses equity securities only.
Accordingly, the Exchange is proposing to add language to the
definition to clarify that the definition under Section VIII(a) applies
only to equity securities.
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    \3\ See SR-Phlx-2014-70, filed with the Commission on October
24, 2014 (awaiting publication in the Federal Register).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\4\ in general, and furthers the objectives
of Sections 6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that
it provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Specifically, the proposed change furthers these
objectives because it clarifies the rule and helps avoid potential
investor confusion on how the credits that use the definition are
applied. The Exchange notes that it is not changing how the rule is
applied, and therefore the credits provided continue to be reasonable
and equitably allocated among market participants.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the change does not alter the meaning or application of
the Exchange's Pricing Schedule, and therefore does not affect
competition in any respect.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and Rule
19b-4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \9\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission to waive the 30-day operative delay period to allow the
Exchange to immediately implement a change in rule language that will
serve to enhance the clarity and consistency of the Exchange's Pricing
Schedule. The Commission believes that the proposed rule change will
enhance clarity and avoid possible misinterpretation of the rule. For
these reasons, the Commission believes that the proposed rule change
presents no novel issues and that waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby designates the proposed rule change to
be operative upon filing.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay for
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2014-74 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2014-74. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2014-74 and should be
submitted on or before December 17, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27978 Filed 11-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Rules and Regulations]
[Pages 58312-58313]
[FR Doc No: 2012-21218]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0546; FRL-9714-1]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the California
State Implementation Plan, San Joaquin Valley Unified Air Pollution
Control District. This action was published on June 13, 2012 and
concerns volatile organic compound (VOC) emissions from the manufacture
of polystyrene, polyethylene, and polypropylene products. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or the Act).

DATES: This rule is effective on October 22, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0546 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 947-
4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On June 13, 2012 (77 FR 35327), EPA proposed to approve the
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
        Local agency              Rule No.                Rule title                Amended         Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD....................            4682   Polystyrene, Polyethylene, and       12/15/2011       02/23/2012
                                                Polypropylene Products
                                                Manufacturing.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully approving this rule into the
California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of

this action must be filed in the United States Court of Appeals for the
appropriate circuit by November 19, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: July 26, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(411)(i)(B) to read
as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (411) * * *
    (i) * * *
    (B) San Joaquin Valley Air Pollution Control District.
    (1) Rule 4682, ``Polystyrene, Polyethylene, and Polypropylene
Products Manufacturing,'' amended on December 15, 2011.
* * * * *
[FR Doc. 2012-21218 Filed 9-19-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18938-18939]
[FR Doc No: 2018-09101]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2017-1109; Airspace Docket No. 17-ASO-22]
RIN 2120-AA66

Amendment for Restricted Area R-4403A; Stennis Space Center, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the time of designation for restricted area
R-4403A, Stennis Space Center, MS, from ``Intermittent, 1000 to 0300
local time, as activated by NOTAM at least 24 hours in advance,'' to
``Intermittent by NOTAM at least 24 hours in advance.'' The National
Aeronautics and Space Administration (NASA) requested the change to
meet requirements of the Space Launch System (SLS) Core Stage test
program.

DATES: Effective date 0901 UTC, July 19, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it supports a change to restricted area R-4403A, Stennis
Space Center, MS, to safely accommodate NASA test programs.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for Docket No. FAA-2017-1109 (83 FR 1319; January 11,
2018). The NPRM proposed to amend the time of designation for
restricted area R-4403A, Stennis Space Center,

MS, from ``Intermittent, 1000 to 0300 local time, as activated by NOTAM
at least 24 hours in advance,'' to ``Intermittent by NOTAM at least 24
hours in advance.'' Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal.
No comments were received.

The Rule

    The FAA is amending 14 CFR part 73 by changing the time of
designation for restricted area R-4403A, Stennis Space Center, MS, from
``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least
24 hours in advance,'' to ``Intermittent by NOTAM at least 24 hours in
advance.''
    This change is required to provide the additional restricted area
activation time needed to accommodate NASA's SLS Core Stage engine
testing program. The current boundaries and designated altitude for R-
4403A remain unchanged. Additionally, this action does not affect
restricted areas R-4403B, C, E, or F (Note: there is no ``D''
subdivision).

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA determined the modification of restricted area R-4403A,
Stennis Space Center, MS, to be within the scope of the Navy and NASA's
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) for the Redesignation and Expansion of Restricted Airspace R-
4403 to Support Military Air-To-Ground Munitions Training and NASA
Rocket Engine Testing At Stennis Space Center, Mississippi dated
November 24, 2015; and the FAA's decision document adopting the
airspace portion of the above cited EA titled ``Federal Aviation
Administration, Adoption of the Environmental Assessment and FONSI/ROD
for Redesignation and Expansion of Restricted Airspace R-4403, Stennis
Space Center, Hancock and Pearl River County, MS, and St Tammany
Parrish, LA, signed on March 22, 2016; and that no further
environmental review is required.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.44  [Amended]

0
2. Section 73.44 is amended as follows:
* * * * *

R-4403A Stennis Space Center, MS [Amended]

    By removing ``Time of Designation. Intermittent, 1000 to 0300
local time, as activated by NOTAM at least 24 hours in advance,''
and adding in their place:
    Time of designation. Intermittent by NOTAM at least 24 hours in
advance.

    Issued in Washington, DC, on April 24, 2018.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-09101 Filed 4-30-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69883-69884]
[FR Doc No: 2015-28766]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9936-99-OAR]

Allocations of Cross-State Air Pollution Rule Allowances From New
Unit Set-Asides for the 2015 Compliance Year

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of data availability (NODA).

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of emission allowance allocations to certain units under the new unit
set-aside (NUSA) provisions of the Cross-State Air Pollution Rule
(CSAPR) federal implementation plans (FIPs). EPA has completed final
calculations for the second round of NUSA allowance allocations for the
2015 compliance year of the CSAPR NOX Ozone Season Trading
Program. EPA has posted spreadsheets showing the second-round 2015 NUSA
allocations of CSAPR NOX Ozone Season allowances to new
units as well as the allocations to existing units of the remaining
CSAPR NOX Ozone Season allowances not allocated to new units
in either round of the 2015 NUSA allocation process. EPA will record
the allocated CSAPR NOX Ozone Season allowances in sources'
Allowance Management System (AMS) accounts by November 16, 2015.\1\
---------------------------------------------------------------------------

    \1\ Under 40 CFR 97.521(i), the deadline for EPA recordation of
these allowances allocated under 40 CFR 97.511 and 97.512 for 2015
is November 15, 2015. However, since November 15, 2015 falls on a
Sunday, under 40 CFR 97.507(c), the deadline for EPA recordation of
allocations is the next business day, which is Monday, November 16,
2015.

---------------------------------------------------------------------------
DATES: November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action
should be addressed to Robert Miller at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or to Kenon Smith at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each
state budget for each of the four CSAPR trading programs is reserved as
a NUSA from which allowances are allocated to eligible units through an
annual one- or two-round process. EPA has described the CSAPR NUSA
allocation process in three NODAs previously published in the Federal
Register (80 FR 30988, June 1, 2015; 80 FR 44882, July 28, 2015; 80 FR
55061, September 14, 2015). In the most recent of these previous NODAs,
EPA provided notice of preliminary lists of new units eligible for
second-round 2015 NUSA allocations of CSAPR NOX Ozone Season
allowances and provided an opportunity for the public to submit
objections.
    EPA received no substantive objections to the preliminary lists of
new units eligible for second-round 2015 NUSA allocations of CSAPR
NOX Ozone Season allowances whose availability was announced
in the September 14 NODA. The only written objection that EPA received
concerned the format of the data rather than the substance. EPA is
therefore making second-round 2015 NUSA allocations of CSAPR
NOX Ozone Season allowances to the new units identified on
these lists in accordance with the procedures set forth in 40 CFR
97.512(a)(9) and (12).
    As described in the September 14 NODA, any allowances remaining in
the CSAPR NOX Ozone Season NUSA for a given state and
control period after the second round of NUSA allocations to new units
are to be allocated to the existing units in the state according to the
procedures set forth in 40 CFR 97.512(a)(10) and (12). EPA has
determined that CSAPR NOX Ozone Season allowances do remain
in the NUSAs for a number of states following completion of second-
round 2015 NUSA allocations; accordingly, EPA is allocating these
allowances to existing units. The NUSA allowances are generally
allocated to the existing units in proportion to the allocations
previously made to the existing units under 40 CFR 97.511(a)(1),
adjusted for rounding.
    Under 40 CFR 97.512(b)(10), any allowances remaining in the CSAPR
NOX Ozone Season Indian country NUSA for a given state and
control period after the second round of Indian country NUSA
allocations to new units are added to the NUSA for that state or are
made available for allocation by the state pursuant to an approved SIP
revision. No new units eligible for allocations of CSAPR NOX
Ozone Season allowances from any 2015 Indian country NUSA have been
identified, and no state has an approved SIP revision governing
allocation of 2015 CSAPR allowances. The Indian country NUSA allowances
are therefore being added to the NUSAs for the respective states and
are included in the pools of allowances that are being allocated to
existing units under 40 CFR 97.512(10) and (12).
    The final unit-by-unit data and allowance allocation calculations
are set forth in Excel spreadsheets titled
``CSAPR_NUSA_2015_NOX_OS_2nd_Round_Final_Data_New_Units'',
and
``CSAPR_NUSA_2015_NOX_OS_2nd_Round_Final_Data_Existing_Units'
', available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html.
    Pursuant to CSAPR's allowance recordation timing requirements, the
allocated NUSA allowances will be recorded in sources' AMS accounts by
November 16, 2015. EPA notes that an allocation or lack of allocation
of allowances to a given unit does not constitute a determination that
CSAPR does or does not apply to the unit. EPA also notes that NUSA
allocations of CSAPR NOX Ozone Season allowances are subject
to potential correction if a unit to which NUSA allowances have been
allocated for a given compliance

year is not actually an affected unit as of May 1 of the compliance
year.\2\
---------------------------------------------------------------------------

    \2\ See 40 CFR 97.511(c).

---------------------------------------------------------------------------
    Authority: 40 CFR 97.511(b).

    Dated: November 4, 2015.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
[FR Doc. 2015-28766 Filed 11-10-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74742-74746]
[FR Doc No: 2020-25540]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2020-0231]

Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security, United States Coast Guard.

ACTION: Notice of Modified Privacy Act System of Records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/United States Coast Guard (USCG)-061
Maritime Awareness Global Network (MAGNET) System of Records.'' The
modified system of records is to be reissued and renamed as ``DHS/USCG-
061 Maritime Analytic Support System (MASS) System of Records.'' This
system of records allows the DHS/USCG to collect and maintain records
in a centralized location that relate to the U.S. Coast Guard's
missions that are found within the maritime domain. The information
covered by this system of records is relevant to the eleven U.S. Coast
Guard statutory missions (Port, Waterways, and Coastal Security (PWCS);
Drug Interdiction; Aid to Maritime Navigation; Search and Rescue (SAR)
Operations; Protection of Living Marine Resources; Ensuring Marine
Safety, Defense Readiness; Migrant Interdiction; Marine Environmental
Protection; Ice Operations; and Law Enforcement). DHS/USCG is updating
this system of records notice to include and update additional data
sources, system security and auditing protocols, routine uses, and user
interfaces. Additionally, DHS/USCG is concurrently issuing a Notice of
Proposed Rulemaking, and subsequent Final Rule, to exempt this system
of records from certain provisions of the Privacy Act due to criminal,
civil, and administrative enforcement requirements. Furthermore, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice.

    This modified system will be included in DHS's inventory of record
systems.

DATES: Submit comments on or before December 23, 2020. This modified
system will be applicable December 23, 2020.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0231 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name
and docket number DHS-2020-0231. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Kathleen Claffie,<PHONE_NUMBER><EMAIL_ADDRESS>Chief,
Office of Privacy Management (CG-6P), U.S. Coast Guard, 2703 Martin
Luther King, Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710. For
privacy questions, please contact: Constantina Kozanas,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Chief Privacy Officer, Privacy Office, Department
of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS)/U.S. Coast Guard (USCG) proposes
to modify and reissue a current DHS system of records titled, ``DHS/
USCG-061 Maritime Awareness Global Network (MAGNET) System of
Records.'' The modified system of records is to be reissued and renamed
as ``DHS/USCG Maritime Analytic Support System (MASS) System of
Records.''
    The Coast Guard's enterprise modernization to the MAGNet framework
prompted the need to reissue this SORN. The updated framework enables
the U.S. Coast Guard to:
    (1) Improve the system's security protocols by enhancing system
access authentication processes.
    (2) Enhance data management services by hosting MASS in a cloud
environment, allowing USCG to apply new technologies to better tag data
for retention, access, and use purposes.
    (3) Refresh user interfaces making MASS more user-friendly and
intuitive to access and use.
    (4) Ingest new data sources on an as-needed basis in the future
more easily.
    (5) Update routine uses for MASS by either adding or removing
previous routine uses. A new routine use (D) is being added to account
for disclosures relating to performing audit or oversight operations;
new routine uses (E) and (F) are being added to conform to Office of
Management and Budget M-17-12, ``Preparing for and Responding to a
Breach of Personally Identifiable Information'' (January 3, 2017); a
new routine use (I) is being added to account for disclosures related
to investigating threats or potential threats to national or
international security or assisting in counterterrorism efforts; a new
routine use (N) is being added to account for disclosures related to
the purpose of testing new technology; and a new routine use (O) is
being added to account for disclosures to news media and public with
the approval of the Chief Privacy Officer. Previous routine uses (A),
(C), (E), and (K) have been removed as disclosures are authorized under
new routine uses (D), (H), (H), and (A), respectively. Finally, USCG is
re-lettering several of the routine uses to align with these changes.
    These updates better accommodate the accomplishment of the eleven
U.S. Coast Guard statutory missions. Those missions require the
collection of a wide range of information, including personally
identifiable information (PII). The collection and use of PII is
required to effectively conduct the responsibilities associated with
these mission areas and promote Maritime Domain Awareness (MDA).
    MASS provides storage and access to maritime information and
provides basic search capabilities either by a person or by vessel.
Person searches may be retrieved by passport or merchant mariner
license number. Vessel searches may be retrieved by vessel name, hull
identification, or registration number. MASS enhances current
capabilities by adding data sources, media storage, access
capabilities, and infrastructure to provide rapid, near real-time data
to the USCG and other authorized organizations. MASS users leverage the
ability to share, correlate, and provide classified and unclassified
data across agency lines to provide MDA critical to homeland and
national security and safety.
    MASS receives data from several systems both within and outside of
DHS through electronic transfers of information. These electronic
transfers include the use of Secure File Transfer Protocol (SFTP),
system-to-system communications via specially written internet Protocol
socket-based data streaming, database-to-database replication of data,
electronic transfer of database transactional backup files, and
delivery of formatted data via electronic mail.
    Consistent with DHS's information sharing mission, information
stored in MASS may be shared with other DHS Components that have a need
to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/USCG may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
    Additionally, DHS/USCG is updating rulemaking associated with this
system of records to exempt certain provisions of the Privacy Act due
to criminal, civil, and administrative enforcement requirements.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
    This modified system will be included in DHS's inventory of record
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Similarly, the Judicial Redress Act (JRA) provides
covered persons the statutory right to make requests for access and
amendment to covered records, as defined by the JRA, along with
judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.

    Below is the description of the DHS/USCG Maritime Awareness Support
System (MASS) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to Congress.

SYSTEM NAME AND NUMBER:
    Department of Homeland Security (DHS)/United States Coast Guard
(USCG)-061 Maritime Analytic Support System (MASS).

SECURITY CLASSIFICATION:
    Unclassified, Classified.

SYSTEM LOCATION:
    Records may be maintained at all locations at which the USCG
operates or at which Coast Guard operations are supported including:
U.S. Coast Guard Headquarters and field offices as listed on the USCG
website. System information may be duplicated at other locations where
the USCG has been granted direct access for support of Coast Guard
missions for purposes of system back up, emergencies, preparedness,
and/or continuity of operations. The main system is currently located
at U.S. Coast Guard Intelligence Coordination Center, Department of
Homeland Security, National Maritime Intelligence Center, Washington,
DC 20395.

SYSTEM MANAGER(S):
    Commandant, Coast Guard Intelligence (CG-2), U.S. Coast Guard
Headquarters, 2701 Martin Luther King, Jr. Avenue SE, Washington, DC
20032.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Maritime information is critical to accomplish the eleven Coast
Guard statutory missions mentioned above. The collection of the
pertinent information in support of these missions have been authorized
by: 14 United States Code (U.S.C.) 1, 2, 81, 88, 89, 91, 93, 94, 141,
143, 634; 19 U.S.C. 1401; 33 U.S.C. 1221, 1223, 1321; 46 U.S.C. 2306,
3306, 3717, 12501; 46 U.S.C. 3306; 50 U.S.C. 191; 33 U.S.C. 1223; the
Magnuson-Stevens Fisheries Conservation and Management Act, 16 U.S.C.
1801; the Lacey Act, 16 U.S.C. 3371-78; the Endangered Species Act, 16
U.S.C. 1531-44; the National Marine Sanctuaries Act, 16 U.S.C. 1431-45;
The Espionage Act of 1917; 33 U.S.C. 1221, The Ports and Waterways
Safety Act (PWSA); The Maritime Transportation Security Act of 2002
(MTSA), Public Law No. 107-295; The Homeland Security Act of 2002,
Public Law No. 107-296; National Presidential Security Directive 41
(NPSD); and 33 Code of Federal Regulations (CFR) Part 160.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to enhance the U.S. Coast Guard's
capabilities by developing a total picture of the maritime environment
and the people, places, and things that affect it. The enhancements of
this picture effectively promote the successful execution of the Coast
Guard's statutory missions of Port, Waterways, and Coastal Security
(PWCS); Drug Interdiction; Aid to Maritime Navigation; Search and
Rescue (SAR) Operations; Protection of Living Marine Resources;
Ensuring Marine Safety; Defense Readiness; Migrant Interdiction; Marine
Environmental Protection; Ice Operations; and Law Enforcement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Individuals associated with vessels, facilities, companies,
organizations, and ports involved in the maritime sector.
    2. Individuals identified through observation by and interaction
with Coast Guard personnel during Coast Guard operations that include
boarding of vessels, conducting aircraft over-flights, and through
Field Intelligence Support team (FIST) sightings and reports.
    3. Individuals identified during Coast Guard enforcement actions as
violating, suspected of violating, or witnessing the violations of U.S.
laws, international laws, or treaties.
    4. Individuals associated with vessels or other individuals that
are known, suspected, or alleged to be involved in contraband
trafficking, illegal migrant activity (smuggling, trafficking, and
otherwise), or terrorist activity.
    5. Any other individual not listed above who operates in, or
affects, the maritime domain.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Information related to individuals associated with vessels,
companies, organizations, and ports involved in the maritime sector
includes:
     Name;
     Nationality;
     Address;
     Telephone number;
     Taxpayer or other identification number;
     Date of birth;
     Relationship to vessels and facilities;
     The individuals' relationship to other individuals,
companies, government agencies, and organizations in MASS;
     Individuals involved with pollution incidents, and
violations of laws and international treaties; and casualties to
include publicly available information; and
     Information gathered from publicly available social media.
    2. Field Intelligence Reports, Requests for Information,
Intelligence Information Reports, Situation Reports, Operational Status
Reports, and Operations Reports on:
    A. Individuals who are associated with vessels involved in
contraband trafficking, illegal migrant activity (e.g., smuggling,
trafficking), or any other unlawful act within the maritime sector, and
with other individuals who are known, suspected, or alleged to be
involved in contraband trafficking, illegal migrant activity (e.g.,
smuggling, trafficking), terrorist activities, or any other unlawful
act within the maritime sector.
    B. Individuals, companies, vessels, or entities associated with the
maritime industry (e.g., vessel owners, vessel operators, vessel
characteristics, crewmen, passengers, facility owners, facility
managers, facility employees, or any other individuals affiliated with
the maritime community) to include publicly available information
(including social media sources).
    C. Commodities handled, equipment, location, certificates,
approvals, inspection data, pollution incidents, casualties, and
violations of all laws and international treaties.

RECORD SOURCE CATEGORIES:
    Information contained in MASS is gathered from a variety of sources
both internal and external to the Coast Guard. Source information may
come from sensors, inspections, boardings, investigations,
documentation offices, vessel notice of arrival reports, owners,
operators, crew members, agents, passengers, witnesses, employees, U.S.
Coast Guard personnel, law enforcement notices, commercial sources, as
well as other federal, state, local, and international agencies that
are related to the maritime sector and/or national security sector. In
addition, MASS maintains information from open source data (i.e.,
publicly available information) including social media sources.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be

disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3)
as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official
capacity;
    3. Any employee or former employee of DHS in his/her individual
capacity only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or
General Services Administration (GSA) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
    D. To an agency or organization performing audit or oversight
operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, DHS
(including its information systems, programs, and operations), the
federal government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with DHS's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the federal
government, or national security, resulting from a suspected or
confirmed breach.
    G. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
    H. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
    I. To an appropriate federal, state, territorial, tribal, local,
international, or foreign government intelligence entity,
counterterrorism agency, or other appropriate authority charged with
investigating threats or potential threats to national or international
security or assisting in counterterrorism efforts, when a record,
either on its face or in conjunction with other information, identifies
a threat or potential threat to national or international security, or
DHS reasonably believes the information may be useful in countering a
threat or potential treat, which includes terrorist and espionage
activities, and disclosure is appropriate to the proper performance of
the official duties of the person receiving the disclosure.
    J. To an appropriate federal, state, or local agency entity, or
other appropriate entities or individuals, or through established
liaison channels to selected foreign governments, in order to provide
intelligence, counterintelligence, or other information for the
purposes of intelligence, counterintelligence, or antiterrorism
activities authorized by U.S. law, Executive Order, or other applicable
national security directive.
    K. To appropriate federal, state, local, tribal, foreign
governmental agencies, multilateral governmental organizations, and
non-governmental or private organizations for the purpose of protecting
the vital interests of a data subject or their persons, including to
assist such agencies or organizations in preventing exposure to or
transmission of a communicable or quarantinable disease or to combat
other significant public health threats; appropriate notice will be
provided of any identified health threat or risk.
    L. To the International Maritime Organization (IMO),
intergovernmental organizations, nongovernmental organizations, or
foreign governments in order to conduct investigations, operations, and
inspections pursuant to its authority.
    M. To an organization or individual in either the public or private
sector, either foreign or domestic, when there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
    N. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology.
    O. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/USCG stores records in this system electronically in a
database. The records may be stored on magnetic disc, tape, and digital
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/USCG may retrieve records by name (individual, company,
government agency or organization), boat registration number,
documented vessel name/number, tax payer or other identification
number, address, and telephone number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Dynamic information on vessel position(s) and movement(s) will be
readily retrievable for three (3) years and then archived. Seven (7)
years after being archived the records will be

deleted from the system. The other information discussed in the
Categories of Records section will be readily retrievable for five (5)
years and then archived. Ten (10) years after being archived the
records will be deleted from the system. This information is stored for
this length of time to ensure the analytic process is properly informed
and to show patterns or history to analysts in the course of their
duty. The requirements supporting the collection and storage of data
are reviewed regularly.
    Audit records, maintained to document access to information
relating to specific individuals, will be readily retrievable for 90
days and then moved to long term storage. After five (5) years the
records will be deleted from the system. Access to audit records will
only be granted to authorized personnel.

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

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement and intelligence system. However, DHS/
USCG will consider individual requests to determine whether information
may be released. Individuals seeking access to and notification of any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and U.S. Coast Guard FOIA Office (CG-611), whose contact information
can be found at http://www.dhs.gov/foia under ``Contacts Information.''
If an individual believes more than one DHS Component maintains Privacy
Act records concerning him or her, the individual may submit the
request to the Chief Privacy Officer and Chief Freedom of Information
Act Officer, Department of Homeland Security, Washington, DC 20528-
0655. Even if neither the Privacy Act nor the Judicial Redress Act
provide a right of access, certain records about the individual may be
available under the Freedom of Information Act (FOIA).
    When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's signature must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. While
no specific form is required, an individual may obtain forms for this
purpose from the Chief Privacy Officer and Chief Freedom of Information
Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition,
the individual should:
     Explain why he or she believes the Department would have
information being requested;
     Identify which component(s) of the Department he or she
believes may have the information;
     Specify when the individual believes the records would
have been created; and
     Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
    If an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second individual certifying his/her agreement for the first
individual to access his/her records.
    Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.

CONTESTING RECORD PROCEDURES:
    Because this system contains classified and sensitive but
unclassified information related to intelligence, counterterrorism,
homeland security, and law enforcement programs, records in this system
have been exempted from notification, access, and amendment to the
extent permitted by subsections (j)(2) and (k)(1) and (2) of the
Privacy Act. A request to amend non-exempt records in this system may
be made by writing to the System Manager, identified above, in
conformance with 6 CFR part 5, subpart B, which provides the rules for
requesting access to Privacy Act records maintained by DHS.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and
(g)(1). Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(1), and (k)(2), has exempted this system from the
following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When this system
receives a record from another system exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claims any additional exemptions set
forth here.

HISTORY:
    73 FR 28143 (May 15, 2008); 73 FR 56924 (Final Rule) (Sept. 30,
2008).

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-25540 Filed 11-20-20; 8:45 am]
BILLING CODE 9110-04-P