[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66138-66141]
[DOCID:fr14de09-67]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2009-0011]

Fee Schedule for Processing Requests for Map Changes, for Flood
Insurance Study Backup Data, and for National Flood Insurance Program
Map and Insurance Products

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice contains the revised fee schedules for processing
certain types of requests for changes to National Flood Insurance
Program (NFIP) maps, for processing requests for Flood Insurance Study
(FIS) technical and administrative support data, and for processing
requests for particular NFIP map and insurance products. The changes in
the fee schedules will allow the Federal Emergency Management Agency
(FEMA) to reduce further the expenses to the NFIP by recovering more
fully the costs associated with processing conditional and final map
change requests; retrieving, reproducing, and distributing technical
and administrative support data related to FIS analyses and mapping;
and producing, retrieving, and distributing particular NFIP map and
insurance products.

DATES: The revised fee schedules are effective for all requests dated,
or later.
    The revised fee schedule for map changes is effective for all
requests dated January 13, 2010, or later. The revised fee schedule
supersedes the current fee schedule, which was established on October
1, 2007.
    The revised fee schedule for requests for FIS backup data also is
effective for all requests dated January 13, 2010, or later. The
revised fee schedule supersedes the current fee schedule, which was
established on October 1, 2007.
    The revised fee schedule for requests for particular NFIP map and
insurance products, which are available through the FEMA Map Service
Center (MSC) is effective for all written requests, on-line Internet
requests made through the MSC Web site, and all telephone requests
received on or after January 13, 2010. The revised fee schedule
supersedes the current fee schedule, which was established on October
1, 2007.

FOR FURTHER INFORMATION CONTACT: Kathy Miller, Branch Chief, Business
Analysis Branch, Risk Analysis Division, DHS/FEMA, 1800 South Bell
Street, Crystal City, VA 20598-3030; by telephone at<PHONE_NUMBER> or
by facsimile at<PHONE_NUMBER> (not toll-free calls); or by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice contains the revised fee
schedules for processing certain types of requests for changes to
National Flood Insurance Program (NFIP) maps, for processing requests
for Flood Insurance Study (FIS) technical and administrative support
data, and for processing requests for particular NFIP map and insurance
products. The changes in the fee schedules will allow the Federal
Emergency Management Agency (FEMA) to reduce further the expenses to
the NFIP by recovering more fully the costs associated with processing
conditional and final map change requests; retrieving, reproducing, and
distributing technical and administrative support data related to FIS
analyses and mapping; and producing, retrieving, and distributing
particular NFIP map and insurance products.
    Evaluations Performed. To develop the revised fee schedule for
conditional and final map change requests, FEMA evaluated the actual
costs of reviewing and processing requests for Conditional Letters of
Map Amendment (CLOMAs), Conditional Letters of Map Revision Based on
Fill (CLOMR-Fs), Conditional Letters of Map Revision (CLOMRs), Letters
of Map Revision Based on Fill (LOMR-Fs), and Letters of Map Revision
(LOMRs).
    To develop the revised fee schedule requests for FIS technical and
administrative support data, FEMA evaluated the actual costs of
reviewing, reproducing, and distributing archived data in seven
categories. These categories are discussed in more detail below.
    To develop the revised fee schedule for requests for particular
NFIP map and insurance products, FEMA: (1) Evaluated the actual costs
incurred at the Map Service Center (MSC) for producing, retrieving, and
distributing those products; (2) analyzed historical sales, cost data,
and product unit cost for unusual trends or anomalies; and, (3)
analyzed the effect of program changes, new products, technology
investments, and other factors on future sales and product costs. The
products covered by this notice are discussed in detail below.
    Periodic Evaluations of Fees. A primary component of the fees is
the prevailing private-sector rates charged to FEMA for labor and
materials.

Because these rates and the actual review and processing costs may vary
from year to year, FEMA will evaluate the fees periodically and publish
revised fee schedules, when needed, as notices in the Federal Register.

Fee Schedule for Requests for Conditional Letters of Map Amendment and
Conditional and Final Letters of Map Revision Based on Fill

    Based on a review of actual cost data for Fiscal Year 2007 and
Fiscal Year 2008, FEMA maintained the following review and processing
fees, which are to be submitted with all requests:
    Request for single-lot/single-structure CLOMA and CLOMR-F: $500.
    Request for single-lot/single-structure LOMR-F: $425.
    Request for single-lot/single-structure LOMR-F based on as-built
information (CLOMR-F previously issued by FEMA): $325.
    Request for multiple-lot/multiple-structure in a single subdivision
or within contiguous subdivisions CLOMA: $700.
    Request for multiple-lot/multiple-structure in a single subdivision
or within contiguous subdivisions CLOMR-F and LOMR-F: $800.
    Request for multiple-lot/multiple-structure in a single subdivision
or within contiguous subdivisions LOMR-F based on as-built information
(CLOMR-F previously issued by FEMA): $700.

Fee Schedule for Requests for Conditional Map Revisions

    Based on a review of actual cost data for Fiscal Year 2007 and
Fiscal Year 2008, FEMA established the following review and processing
fees, which are to be submitted with all requests that are not
otherwise exempted under 44 CFR 72.5:
    Request based on new hydrology, bridge, culvert, channel, or
combination thereof: $4,400.
    Request based on levee, berm, or other structural measure: $6,050.

Fee Schedule for Requests for Map Revisions

    Based on a review of actual cost data for Fiscal Year 2007 and
Fiscal Year 2008, FEMA established the following review and processing
fees, which are to be submitted with all requests that are not
otherwise exempted under 44 CFR 72.5. Requesters must submit the review
and processing fees shown below with requests for LOMRs dated January
13, 2010, or later that are not based on structural measures on
alluvial fans.
    Request based on bridge, culvert, channel, hydrology, or
combination thereof: $5,300.
    Request based on levee, berm, or other structural measure: $7,150.
    Request based on as-built information submitted as follow-up to
CLOMR: $5,000.

Fees for Conditional and Final Map Revisions Based on Structural
Measures on Alluvial Fans

    Based on a review of actual cost data for Fiscal Year 2007 and
Fiscal Year 2008, FEMA has maintained $5,600 as the initial fee for
requests for CLOMRs and LOMRs based on structural measures on alluvial
fans. FEMA will also continue to recover the remainder of the review
and processing costs by invoicing the requester before issuing a
determination letter, consistent with current practice. The prevailing
private-sector labor rate charged to FEMA ($60 per hour) will continue
to be used to calculate the total reimbursable fees.

Fee Schedule for Requests for Flood Insurance Study Backup Data

    Non-exempt requestors of FIS technical and administrative support
data must submit fees shown below with requests dated January 13, 2010,
or later. These fees are based on the complete recovery costs to FEMA
for retrieving, reproducing, and distributing the data, as well as
maintaining the library archives, and for collecting and depositing
fees. Based on a review of actual cost data for Fiscal Year 2007 and
Fiscal Year 2008, FEMA maintained the following review and processing
fees from the October 1, 2007, fee schedule, which are to be submitted
with all requests.
    All entities except the following will be charged for requests for
FIS technical and administrative support data:
     Private architectural-engineering firms under contract to
FEMA to perform or evaluate studies and restudies;
     Federal agencies involved in performing studies and
restudies for FEMA (e.g., U.S. Army Corps of Engineers, U.S. Geological
Survey, Natural Resources Conservation Service, and Tennessee Valley
Authority);
     Communities that have supplied the Digital Line Graph base
to FEMA and request the Digital Line Graph data (Category 6 below);
     Communities that request data during the statutory 90-day
appeal period for an initial or revised FIS for that community;
     Mapped participating communities that request data at any
time other than during the statutory 90-day appeal period, provided the
data is requested for use by the community and not a third-party user;
and
     State NFIP Coordinators, provided the data requested is
for use by the State NFIP Coordinators and not a third-party user.
    FEMA has established seven categories into which requests for FIS
backup data is separated. These categories are:
    (1) Category 1--Paper copies, microfiche, or diskettes of
hydrologic and hydraulic backup data for current or historical FISs;
    (2) Category 2--Paper or mylar copies of topographic mapping
developed during FIS process;
    (3) Category 3--Paper copies or microfiche of survey notes
developed during FIS process;
    (4) Category 4--Paper copies of individual Letters of Map Change
(LOMCs);
    (5) Category 5--Paper copies of Preliminary Flood Insurance Rate
Map (FIRM) or Flood Boundary and Floodway Map (FBFM) panels;
    (6) Category 6--Computer tapes or CD-ROMs of Digital Line Graph
files, Digital Flood Insurance Rate Map files, or Digital LOMR
attachment files; and
    (7) Category 7--Computer diskettes and user's manuals for FEMA
computer programs.
    FEMA established the initial non-refundable fee of $150 non-exempt
requesters of FIS technical and administrative support data pay to
initiate their request under Categories 1, 2, and 3 above. This fee
covers the preliminary costs of research and retrieval. If the data
requested is available and the request is not cancelled, the final fee
due is calculated as a sum of standard per-product charge plus a per-
case surcharge of $93, designed to recover the cost of library
maintenance and archiving. The total costs of processing requests in
Categories 1, 2, and 3 will vary based on the complexity of the
research involved in retrieving the data and the volume and medium of
data to be reproduced and distributed. The initial fee will be applied
against the total costs to process the request, and FEMA will invoice
the requester for the balance plus the per-case surcharge before the
data is provided. No data will be provided to a requester until all
required fees have been paid.
    No initial fee is required to initiate a request for data under
Categories 4 through 7. Requesters will be notified by telephone about
the availability of the data and the fees associated with the requested
data.
    As with requests for data under Categories 1, 2, and 3, no data
will be provided to requesters until all required fees are paid. A flat
user fee for each of

these categories of requests, shown below, will continue to be
required.
    Request Under Category 4 (First Letter): $40.
    Request Under Category 4 (Each additional letter): $10.
    Request Under Category 5 (First panel): $35.
    Request Under Category 5 (Each additional panel): $2.
    Request Under Category 6 (per county/digital LOMR attachment
shapefiles): $150.
    Request Under Category 7 (per copy): $25.

Fee Schedule for Requests for Map and Insurance Products

    The MSC distributes a variety of NFIP map and insurance products to
a broad range of customers, including Federal, State, and local
government officials; real estate professionals; insurance providers;
appraisers; builders; land developers; design engineers; surveyors;
lenders; homeowners; and other private citizens. The MSC distributes
the following products:
     Digital copies of Conversion Letters, downloadable from
the web;
     Digital copies of Flood maps, available on CD/DVD-ROM and
downloadable from the web; which can be purchased by panel or in
community, county, or State kits;
     Digital copies of FISs and FBFMs (where applicable),
including the narrative report, tables, Flood Profiles, and other
graphics, on CD/DVD-ROM and downloadable from the web;
     Digital FIRM (DFIRM) Database (DB), with and without
orthographic photos, on CD/DVD-ROM and downloadable from the Web;
     Digital Q3 Flood Data files, which FEMA developed by
scanning the published FIRM and vectorizing a thematic overlay of flood
risks;
     Digital Q3 Flood Data files for Coastal Barrier Resource
Areas (CBRA Q3 Flood Data files);
     Flood Map Status Information Service (FMSIS), through
which FEMA provides status information for effective NFIP maps;
     Letter of Map Change (LOMC) Subscription Service, through
which FEMA makes certain types of LOMCs available biweekly on CD-ROM;
     Paper (printed) and CD copies of NFIP Insurance Manual
(Full Manual), which provides vital NFIP information for insurance
agents nationwide;
     Paper (printed) copies of NFIP Insurance Manual
(Producer's Edition), which is used for reference and training
purposes;
     Community Map Action List (CMAL), which is a semimonthly
list of communities and their NFIP status codes;
     FIRMette, a user-defined ``cut-out'' section of a flood
map at 100 percent map scale designed for printing on a standard office
printer;
     FIRMette--Desktop (formerly F-MIT Basic Version 1.0),
which is a view tool for map images, on CD-ROM and downloadable from
the web;
     MapViewer--Desktop (formerly DFIRM CD Viewer), which is a
view tool for map images, on CD-ROM;
     FEMA's Guidelines and Specifications for Flood Hazard
Mapping Partners on CD-ROM; and
     MHIP--Multi-year Hazard Implementation Plan on CD-ROM.
    For more information on the map and insurance products available
from the MSC, interested parties are invited to visit the MSC Web site
at http://msc.fema.gov.
    Based on a review of actual cost data and future trends, FEMA has
revised the fee schedule for the map and insurance products that are
available from the MSC. For digital copies of Flood Hazard Boundary
Maps (FHBMs), FIRMs, DFIRMs DBs (with and without orthographic photos),
FBFMs, and FISs on CD/DVD-ROM, FEMA has maintained the processing fee
and shipping cost; for digital copies of conversion letters, FHBMs,
FIRMs, DFIRM DBs (with and without orthographic photos), FBFMs, and
FISs downloadable from the web, FEMA has maintained the processing fee;
for FMSIS, LOMC Subscription Service, FEMA's Guidelines and
Specifications for Flood Hazard Mapping Partners, MHIP, MapViewer--
Desktop, FEMA has maintained the shipping cost; and for Q3 Flood Data
Files and CBRA Flood Data Files, FEMA has increased the shipping cost.
Federal, State, and local governments continue to be exempt from paying
fees for the map products. The revised fee schedule for the current and
new products is shown in the table below.

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            Product                  Current fee           Shipping
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Internet Products
FIRMettes......................  Free...............  N/A.
Letters........................  $2.50 per letter...  N/A.
Downloadable Maps..............  $2.50 per panel....  N/A.
Downloadable Floodways.........  $2.50 per panel....  N/A.
Downloadable Studies...........  $5.00 per study....  N/A.
DFIRM Database (DB)............  $10.00 per DB......  N/A.
CD-ROM
CD Maps........................  $4.00 per panel....  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
CD Floodways...................  $4.00 per panel....  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
CD Studies.....................  $6.00 per study....  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
DFIRM DB.......................  $10.00 per database  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
DFIRM w/Orthos.................  $10.00 per database  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
Q3 on CD.......................  $50.00 per CD-Rom..  $2.00 for first CD
                                                       and $1.00 for
                                                       each additional
                                                       CD.
CBRA Q3 on CD..................  $50.00 per CD-Rom    $2.00 for first CD
                                  or $200 for all 5    and $1.00 for
                                  Q3 CDs.              each additional
                                                       CD.
FMSIS (Individual Orders)......  $13.00 per State or  $1.75 for first 2
                                  $38.00 for entire    CDs and $0.25 for
                                  USA.                 each additional
                                                       CD.
FMSIS (Annual Subscription)....  $148.00 per State    N/A.
                                  or $419.00 or
                                  entire USA.
LOMC Subscription Service        $85.00 per issue...  $1.75 for first 2
 (Individual Orders).                                  CDs and $0.25 for
                                                       each additional
                                                       CD.

LOMC Subscription Service        $2,000 per year....  N/A.
 (Annual Subscriptions).
FEMA's Guidelines and            $2.60..............  $1.75 for first 2
 Specifications for Flood                              CDs and $0.25 for
 Hazard Mapping Partners on CD.                        each additional
                                                       CD.
MHIP--Multi-Hazard               $2.60..............  $1.75 for first 2
 Implementation Plan.                                  CDs and $0.25 for
                                                       each additional
                                                       CD.
View Tool......................  ...................  N/A.
FIRMette--Desktop on Web.......  Free...............  N/A.
FIRMette--Desktop on CD........  Free...............  N/A.
MapViewer--Desktop.............  $30.00 per Viewer..  $1.75 for first 2
                                                       CDs and $0.25 for
                                                       each additional
                                                       CD.
Manuals
NFIP Insurance Manual (Full      $25.00 per           N/A.
 Manual).                         subscription for
                                  two years.
NFIP Insurance Manual            $15.00 per           N/A.
 (Producer's Edition).            subscription for
                                  two years.
NFIP Insurance Manual (Full      $25.00 per           N/A.
 Manual) on CD.                   subscription for
                                  two years.
Other
Community Map Action List        Free...............  N/A.
 (CMAL).
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Payment Submission Requirements

    Fee payments for non-exempt requests must be made in advance of
services being rendered. These payments shall be made in the form of a
check, money order, or by credit card payment. Checks and money orders
must be made payable, in U.S. funds, to the

National Flood Insurance Program

    FEMA will deposit all fees collected to the National Flood
Insurance Fund, which is the source of funding for providing these
services.

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376; 44 CFR 72.3.

    Dated: December 3, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. E9-29640 Filed 12-11-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19698-19701]
[FR Doc No: 2011-8372]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0992]
RIN 1625-AA00

Safety Zone; Repair of High Voltage Transmission Lines to Logan
International Airport, Saugus River, Saugus, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saugus River, Lynn, Massachusetts, within the Captain of the Port
(COTP) Boston Zone to allow for repair of high voltage transmission
lines to Logan Airport. This safety zone is required to provide for the
safety of life on navigable waters during the repair of high voltage
transmission lines. Entering into, transiting through, mooring or
anchoring within this zone is prohibited unless authorized by the COTP.

DATES: This rule is effective from May 9, 2011 to October 5, 2011. This
rule will be enforced during a consecutive 48 hour period to begin each
day at 9 a.m. and end at 2 p.m. with notice of the enforcement of this
safety zone to be made by all means to affect the widest publicity
among the affected segments of the public, including publication of a
Notice of Enforcement in the Federal Register, in the Local Notice to
Mariners, and in the Safety Marine Information Broadcast.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0992 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0992 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail MST1 David Labadie of the Waterways Management Division,
U.S. Coast Guard Sector Boston; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; Repair of High Voltage Transmission Lines
to Logan International Airport, Saugus River, Saugus, Massachusetts, in
the Federal Register (76 FR 4575). We received no comments on the
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    This rule is necessary to ensure the safety of vessels and workers
from the hazards associated with work related to repairs of high
voltage transmission lines over navigable waters. This temporary safety
zone will be in effect during the repair of the high voltage
transmission lines that feed Logan Airport. The safety zone will be
enforced immediately before, during and after the start of the repairs.
National Grid, the transmission line repair company has not specified
the exact date repairs will commence, but they have advised the Coast
Guard that repairs are planned for a 48 hour period in May, 2011, to
begin each day at 9 a.m. and end at 2 p.m.
    The COTP will inform the public regarding the exact repair dates
and details of the work covered by this safety zone using a variety of
means, including, but not limited to, Notice of Enforcement (NOE) to be
published in the Federal Register, Broadcast Notice to Mariners and
Local Notice to Mariners.
    All persons and vessels shall comply with the instructions of the
COTP Boston or the designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the safety zone is
prohibited unless authorized by the COTP Boston or the designated on
scene representative. The COTP or the designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(617) 223-5750.

Discussion of Comments and Changes

    We received no comments. A change has been made to this rule
regarding how the Coast Guard will notify the public of the enforcement
period. We published a NPRM entitled: Safety Zone; Repair of High
Voltage Transmission Lines to Logan International Airport, Saugus
River, Saugus, Massachusetts, in the Federal Register (76 FR 4575) on
January 26, 2011 in which we indicated that we expected to receive the
repair dates during the rulemaking period and that we would publish
them in the final rule. National Grid has not yet provided the Coast
Guard an exact repair date due to their inability to determine the
availability of the contractors performing the repair work. Thus, the
Coast Guard is unable to provide the repair dates or the period in
which we intend to enforce the safety zone in this Final Rule. When the
exact repair dates are determined, notice of the enforcement of this
safety zone to be made by all means to affect the widest publicity
among the affected segments of the public, including publication of a
Notice of Enforcement in the Federal Register, in the Local Notice to
Mariners, and in the Safety Marine Information Broadcast.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no deep draft
commercial traffic and is designed to avoid, to the extent possible,
fishing and recreational boating traffic routes. Persons and vessels
may still enter, transit through, anchor in, or remain within the
regulated area if they obtain permission from the COTP or the
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter,
transit through, moor or anchor in a portion of the Saugus River during
a 48 hour enforcement period related to repairs of high voltage
transmission lines to Logan Airport.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
National Grid intends to make repairs to the high voltage transmission
lines running to Logan Airport during a 48 hour period between the
hours of 9 a.m. and 2 p.m. This time window will allow the local
lobster fishing fleet to transit to the fishing grounds and return home
at night with only minor inconvenience. The local harbormasters have
notified their tenants in advance of the intended repairs, thus
allowing Saugus River users to plan accordingly. Vessel traffic will be
allowed to pass through the zone prior to 9 a.m. and after 2 p.m. and
if

necessary through the zone if they first obtain permission from the
COTP. Before the effective period, we will issue maritime advisories
widely available to users of the river. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it. We did not receive any comments for this
section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact ST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard. We did not receive any
comments for this section.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We did not
receive any comments for this section.

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. We did not receive any comments for this section.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. We did not receive any comments for this section.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden. We did not receive any comments
for this section.

Protection of Children

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

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes. We did not receive
any comments for this section.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. We did not receive any comments for this
section.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. We did not receive
any comments for this section.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0992 to read as follows:

Sec.  165.T01-0992  Safety Zone; Repair of High Voltage Transmission
Lines to Logan International Airport; Saugus River, Saugus, MA.

    (a) General. A temporary safety zone is established for the event
described in paragraph (a)(1):
    (1) Repair of high voltage transmission lines to Logan
International Airport; Saugus River, Saugus, MA.
    (i) All waters of the Saugus River, from surface to bottom, within
a 250-yard radius of position 42[deg]26' 42'' N; 070[deg]58' 14'' W.
    (ii) Effective Period. This rule is effective May 9, 2011 to
October 10, 2011.
    (iii) Enforcement Period. This rule will be enforced during a
consecutive 48 hour period to begin each day at 9 a.m. and end at 2
p.m. with notice of the enforcement of this safety zone to be made by
all means to affect the widest publicity among the affected segments of
the public, including publication of a Notice of Enforcement in the
Federal Register, in the Local Notice to Mariners, and in the Safety
Marine Information Broadcast.
    (b) Regulations.
    (1) In accordance with the general regulations in Section 165.23 of
this part, entry into, transiting or anchoring within this regulated
area is prohibited unless authorized by the COTP Boston, or his
designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP Boston or the designated on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Boston is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Boston to act on his
behalf. The on-scene representative will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The COTP or the designated on scene
representative may be contacted by telephone at<PHONE_NUMBER> or on VHF
Channel 16.
    (4) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may do so if they obtain
permission from the COTP or the designated representative by contacting
the COTP Sector Boston by telephone at<PHONE_NUMBER> or VHF radio
channel 16.

    Dated: March 25, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-8372 Filed 4-7-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 20, 2006 (Volume 71, Number 13)]
[Notices]
[Page 3281]
[DOCID:fr20ja06-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12485-002]

AMG Energy, LLC; Notice of Surrender of Preliminary Permit

January 12, 2006.
    Take notice that AMG Energy, LLC, permittee for the proposed
Claiborne Hydroelectric Project, has requested that its preliminary
permit be terminated. The permit was issued on June 28, 2004, and would
have expired on May 31, 2007.\1\ The project would have been located on
the Alabama River in Monroe County, Alabama.
    The permittee filed the request on December 7, 2005, and the
preliminary permit for Project No. 12485 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR part 4, may be filed on the next business day.

Magalie R. Salas,
Secretary.
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    \1\ 107 FERC ] 62,287.
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 [FR Doc. E6-599 Filed 1-19-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7883-7884]
[FR Doc No: 2022-02784]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94156; File No. SR-FINRA-2022-002]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Eliminate the Transaction Query Fee for the
FINRA/Nasdaq TRF

February 4, 2022.
    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 January 31, 2022, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by FINRA. 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

    FINRA is proposing to amend FINRA Rule 7620A (FINRA/Nasdaq Trade
Reporting Facility Reporting Fees) to modify the query fee applicable
to non-retail participants that use the FINRA/Nasdaq Trade Reporting
Facility Carteret (the ``FINRA/Nasdaq TRF Carteret'') and the FINRA/
Nasdaq Trade Reporting Facility Chicago (the ``FINRA/Nasdaq TRF
Chicago'') (collectively, the ``FINRA/Nasdaq TRF'').
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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 FINRA/Nasdaq TRF is a facility of FINRA that is operated by
Nasdaq, Inc. (``Nasdaq''). In connection with the establishment of the
FINRA/Nasdaq TRF, FINRA and Nasdaq entered into a limited liability
company agreement (the ``LLC Agreement''). Under the LLC Agreement,
FINRA, the ``SRO Member,'' has sole regulatory responsibility for the
FINRA/Nasdaq TRF. Nasdaq, the ``Business Member,'' is primarily
responsible for the management of the FINRA/Nasdaq TRF's business
affairs, including establishing pricing for use of the FINRA/Nasdaq
TRF, to the extent those affairs are not inconsistent with the
regulatory and oversight functions of FINRA. Additionally, the Business
Member is obligated to pay the cost of regulation and is entitled to
the profits and losses, if any, derived from the operation of the
FINRA/Nasdaq TRF.
    Pursuant to FINRA Rule 7620A (``Rule''), FINRA/Nasdaq TRF
participants that do not constitute Retail Participants \3\ (such non-
Retail Participants are referred to herein as ``Participants'') must
pay a $0.50/query fee for each FINRA/Nasdaq TRF transaction query.
FINRA members use WebLink ACT/Nasdaq Workstation Post Trade
(``WebLink'') \4\, Act Workstation (``Workstation'') \5\, and Nasdaq
WorkX\TM\ (``WorkX'') \6\ in connection with FINRA/Nasdaq TRF
reporting.\7\ According to the Business Member, these products permit
members to perform data searches on reported transactions, which
members use to monitor large volumes of data in furtherance of
performing their regulatory responsibilities.
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    \3\ ``Retail Participants,'' as that term is defined in
Supplementary Material .01 to Rule 7620A, is ``a participant in the
FINRA/Nasdaq Trade Reporting Facility for which substantially all of
its trade reporting activity on the FINRA/Nasdaq Trade Reporting
Facility comprises Retail Orders.''
    \4\ WebLink ACT is a browser-based application that
electronically facilitates trade reporting and clearing functions
for trades reported to the FINRA/Nasdaq Trade Reporting Facility.
    \5\ Workstation is a web-based application that electronically
facilitates trade reporting and clearing functions for trades
reported to the FINRA/Nasdaq TRF. Workstation services include trade
entry, trade scan, and uploads for bulk trade entry to support
FINRA/Nasdaq TRF participant trade reporting in accordance with
FINRA rules.
    \6\ WorkX is a re-platformed version of Workstation that
simplifies regulatory responsibilities and enhances the user
experience with improved workflow, system performance, and data
visualization. WorkX also upgrades trade reporting and monitoring
with a modern user interface using cloud-based technology. FINRA
rules and FINRA/Nasdaq Trade Reporting Facility system processing
are unchanged.
    \7\ FINRA notes that firms reporting to the FINRA/Nasdaq TRF pay
Nasdaq associated user fees for WebLink, Workstation, and WorkX
under Nasdaq rules. See, e.g., Equity 7 Pricing Schedule, Section
115(e) of the Nasdaq Rule.
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    Nasdaq administers this Rule in its capacity as the Business Member
and operator of the FINRA/Nasdaq TRF on behalf of FINRA,\8\ and Nasdaq
collects all fees on behalf of the FINRA/Nasdaq TRF. Nasdaq has
determined to modify the current schedule of fees by removing the 0.50/
query fee applicable to FINRA/Nasdaq TRF transaction queries performed
using WebLink, Workstation, and WorkX, and FINRA is proposing to amend
the Rule accordingly. Nasdaq has determined to eliminate this fee to
allow users to make maximum use of the query tool available in WebLink,

Workstation, and WorkX, thereby supporting member compliance efforts.
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    \8\ FINRA's oversight of this function performed by the Business
Member is conducted through a recurring assessment and review of TRF
operations by an outside independent audit firm.
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    FINRA has filed the proposed rule change for immediate
effectiveness. The operative date will be February 1, 2022.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\9\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(5).
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    FINRA believes that the proposed rule change is reasonable because
it eliminates the existing query fee-permitting members to use the tool
without incurring a separate charge. FINRA believes that the proposal
is an equitable allocation of reasonable fees and is not unfairly
discriminatory because removal of the query fee applies equally to all
users of WebLink, Workstation, and WorkX, and it eliminates any
impediment to users freely utilizing the query function-reducing
members' costs associated with monitoring trade reporting activity and
satisfying regulatory responsibilities. Moreover, participation in the
FINRA/Nasdaq TRF is voluntary, as is the use of the query feature.

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

    FINRA does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Regulatory Need
    As discussed above, Nasdaq believes that eliminating this fee will
increase the usability of the query tool. Nasdaq believes it is
beneficial for users to be able to perform unlimited queries of their
trade history at no cost in support of meeting their regulatory
responsibilities.
Economic Baseline
    From October 2020 to September 2021, on average, approximately 200
Participants paid on average $200 per month in WebLink, Workstation,
and WorkX query charges.\10\
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    \10\ From October 2020 to September 2021, 303 Participants were
charged WebLink, Workstation, or WorkX query fees for scan searches.
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Economic Impacts
    The proposed rule change would eliminate query charges to all firms
using WebLink, Workstation, and WorkX services.\11\ The number of firms
charged query fees each month varies based on the level of product
usage and scans by individual subscribers. Assuming that, going
forward, these same Participants maintain their existing levels of
query activity, they stand to save on average $200 per month in query
charges.
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    \11\ This discussion of economic impacts does not relate to any
fee other than the $0.50/query fee that is proposed to be eliminated
in the instant filing.
---------------------------------------------------------------------------

    The potential net impact of the proposed rule change depends on
whether Participants alter their query activity as a result of the
proposed rule change. Thus, Participants who continue to perform
queries in line with prior usage will reap corresponding benefits.
However, to the extent that the proposed rule change results in
Participants performing more queries, then the potential net benefit
will be greater.
Alternatives Considered
    No other alternatives were considered for the proposed rule change.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f)(2) of Rule 19b-4
thereunder.\13\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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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 protected]. Please include
File Number SR-FINRA-2022-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2022-002. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-FINRA-2022-002 and
should be submitted on or before March 3, 2022.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02784 Filed 2-9-22; 8:45 am]
BILLING CODE 8011-01-P