[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 851-852]
[FR Doc No: 2016-31855]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-4437]

In-Use Stability Studies and Associated Labeling Statements for
Multiple-Dose Injectable Animal Drug Products; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry (GIF) #242 entitled
``In-Use Stability Studies and Associated Labeling Statements for
Multiple-Dose Injectable Animal Drug Products.'' The purpose of in-use
stability testing is to establish a period of time during which a
multiple-dose drug product may be used while retaining acceptable
quality specifications once the container is opened (e.g., after a
container has been needle-punctured). This draft guidance reflects the
Agency's current thinking on how to formulate in-use statements, as
well as how to design and carry out in-use stability studies to support
these in-use statements, for multiple-dose injectable drug products
intended for use in animals. This current thinking pertains to both
generic drug products and pioneer drug products regardless of whether
or not the pioneer reference listed new animal drug (RLNAD) currently
has an in-use statement on the labeling.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by March 6, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-4437 for ``In-Use Stability Studies and Associated Labeling
Statements for Multiple-Dose Injectable Animal Drug Products.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The

Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Kevin Rice, Center for Veterinary
Medicine (HFV-140), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft GIF #242 entitled
``In-Use Stability Studies and Associated Labeling Statements for
Multiple-Dose Injectable Animal Drug Products.'' The purpose of in-use
stability testing is to establish a period of time during which a
multiple-dose drug product may be used while retaining acceptable
quality specifications once the container is opened (e.g., after a
container has been needle-punctured). This draft guidance reflects the
Agency's current thinking on how to formulate in-use statements, as
well as how to design and carry out in-use stability studies to support
these in-use statements, for multiple-dose injectable drug products
intended for use in animals. This current thinking pertains to both
generic drug products and pioneer drug products regardless of whether
or not the pioneer RLNAD currently has an in-use statement on the
labeling.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on ``In-Use
Stability Studies and Associated Labeling Statements for Multiple-Dose
Injectable Animal Drug Products.'' It does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 514 have been approved under
OMB control number 0910-0032. The collections of information in 21 CFR
part 511 have been approved under OMB control number 0910-0117. The
collections of information in sections 512(b) and (n) of the Federal
Food, Drug, and Cosmetic Act have been approved under OMB control
number 0910-0669.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or
https://www.regulations.gov.

    Dated: December 28, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-31855 Filed 1-3-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8184-8186]
[FR Doc No: 2010-3567]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194;
FMCSA-2007-27897]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
15 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level

of safety that is equivalent to, or greater than, the level of safety
maintained without the exemptions for these commercial motor vehicle
(CMV) drivers.

DATES: This decision is effective March 5, 2010. Comments must be
received on or before March 25, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2003-16241; FMCSA-2003-16564;
FMCSA-2005-22194; FMCSA-2007-27897, using any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; 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: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 15 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 15 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Lee A. Burke, Barton C. Caldara, Allan Darley, Robin S. England,
Charles D. Grady, Richard Hailey, Jr., Robert V. Hodges, George R.
Knavel, John R. Knott, III, Timothy S. Miller, Roger D. Mollak, Edward
D. Pickle, Ezequiel M. Ramirez, James L. Schmitt, James T. Wortham, Jr.

    These exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provides a copy of the annual medical
certification to the employer for retention in the driver's
qualification file and retain a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 15 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (68 FR 61857; 68 FR 75715; 71 FR 644; 73 FR 19928; 68 FR
74699; 69 FR 10503; 71 FR 6829; 70 FR 57353; 70 FR 72689; 73 FR 222; 72
FR 39879; 72 FR 52419). Each of these 15 applicants has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the standard specified at 49
CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption standards. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by March 25, 2010.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 15

individuals from the vision requirement in 49 CFR 391.41(b)(10). The
final decision to grant an exemption to each of these individuals was
based on the merits of each case and only after careful consideration
of the comments received to its notices of applications. The notices of
applications stated in detail the qualifications, experience, and
medical condition of each applicant for an exemption from the vision
requirements. That information is available by consulting the above
cited Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: February 5, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3567 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26324-26331]
[FR Doc No: 2011-10964]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64373/April 29, 2011]

Order Making Fiscal Year 2012 Annual Adjustments to Section 31
Fee Rates

I. Background

    Section 31 of the Securities Exchange Act of 1934 (``Exchange
Act'') requires each national securities exchange and national
securities association to pay transaction fees to the Commission.\1\
Specifically, Section 31(b) requires each national securities exchange
to pay to the Commission fees based on the aggregate dollar amount of
sales of certain securities transacted on the exchange.\2\ Section
31(c) requires each national securities association to pay to the
Commission fees based on the aggregate dollar amount of sales of
certain securities transacted by or through any member of the
association other than on an exchange.\3\
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    \1\ 15 U.S.C. 78ee.
    \2\ 15 U.S.C. 78ee(b).
    \3\ 15 U.S.C. 78ee(c).
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    The Investor and Capital Markets Fee Relief Act (``Fee Relief
Act'') \4\ amended Section 31 of the Exchange Act to require the
Commission to make annual adjustments to the fee rates applicable under
this section for each of the fiscal years 2003 through 2011, and one
final adjustment to fix the fee rates under these sections for fiscal
year 2012 and beyond.\5\
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    \4\ Public Law 107-123, 115 Stat. 2390 (2002).
    \5\ See 15 U.S.C. 77f(b)(5), 77f(b)(6), 78m(e)(5), 78m(e)(6),
78n(g)(5), 78n(g)(6), 78ee(j)(1), and 78ee(j)(3). Section 31(j)(2)
of the Exchange Act, 15 U.S.C. 78ee(j)(2), also requires the
Commission, in specified circumstances, to make a mid-year
adjustment to the fee rates under Sections 31(b) and (c) of the
Exchange Act in fiscal years 2002 through 2011.
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II. Fiscal Year 2012 Annual Adjustment to the Fee Rates Applicable
Under Sections 31(b) and (c) of the Exchange Act

    Section 31(b) of the Exchange Act requires each national securities
exchange to pay the Commission a fee at a rate, as adjusted by our
order pursuant to Section 31(j)(1),\6\ which currently is $19.20 per
million of the aggregate dollar amount of sales of specified securities
transacted on the exchange. Similarly, Section 31(c) requires each
national securities association to pay the Commission a fee at the same
adjusted rate on the aggregate dollar amount of sales of specified
securities transacted by or through any member of the association
otherwise than on an exchange. Section 31(j)(1) requires the Commission
to make annual adjustments to the fee rates applicable under Sections
31(b) and (c) for each of the fiscal years 2003 through 2011.\7\
Section 31(j)(3) requires the Commission to make one final adjustment
for fiscal year 2012.\8\
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    \6\ Order Making Fiscal Year 2011 Annual Adjustments to the Fee
Rates Applicable under Section 6(b) of the Securities Act of 1933
and Sections 13(e), 14(g), 31(b) and 31(c) of the Securities
Exchange Act of 1934, Rel. No. 33-9122 (April 29, 2010), 75 FR 24757
(May 5, 2010).
    \7\ The annual adjustments, as well as the mid-year adjustments
required in specified circumstances under Section 31(j)(2) in fiscal
years 2002 through 2011, are designed to adjust the fee rates in a
given fiscal year so that, when applied to the aggregate dollar
volume of sales for the fiscal year, they are reasonably likely to
produce total fee collections under Section 31 equal to the ``target
offsetting collection amount'' specified in Section 31(l)(1) for
that fiscal year.
    \8\ The final adjustment for fiscal year 2012 is designed to
adjust the fee rate in 2012 and subsequent years so that, when
applied to the aggregate dollar volume of sales for fiscal year
2012, it is reasonably like to produce total fee collections under
Section 31 equal to the ``target offsetting collection amount'' for
fiscal year 2011. Note, however, that Section 31 will be amended by
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(``Dodd-Frank Act'') effective on the later of October 1, 2011 or
the date of enactment of an Act making a regular appropriation to
the Commission for fiscal year 2012. Once the amendments become
effective, the Commission will be required to make a new adjustment
to the fee rates under Section 31 for fiscal year 2012 and
subsequent fiscal years.
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    Section 31(j)(3) specifies the method for determining the annual
adjustment for fiscal year 2012. Specifically, the Commission must
adjust the rates under Sections 31(b) and (c) to a ``uniform adjusted
rate that, when applied to the baseline estimate of the aggregate
dollar amount of sales for fiscal year 2012, is reasonably likely to
produce aggregate fee collections under [Section 31] in

fiscal year 2012 (including assessments collected under [Section
31(d)]) that are equal to the target offsetting collection amount for
fiscal year 2011.''
    Section 31(l)(1) specifies that the ``target offsetting collection
amount'' for fiscal year 2011 is $1,321,000,000. Section 31(l)(2)
defines the ``baseline estimate of the aggregate dollar amount of
sales'' as ``the baseline estimate of the aggregate dollar amount of
sales of securities * * * to be transacted on each national securities
exchange and by or through any member of each national securities
association (otherwise than on a national securities exchange) during
fiscal year 2012 as determined by the Commission, after consultation
with the Congressional Budget Office and the Office of Management and
Budget . * * *''
    To make the baseline estimate of the aggregate dollar amount of
sales for fiscal year 2012, the Commission is using the same
methodology it developed in consultation with the CBO and OMB to
project dollar volume for purposes of prior fee adjustments.\9\ Using
this methodology, the Commission calculates the baseline estimate of
the aggregate dollar amount of sales for fiscal year 2012 to be
$85,673,432,736,834. Based on this estimate, and an estimated
collection of $27,453 in assessments on security futures transactions
under Section 31(d) in fiscal year 2012, the uniform adjusted rate for
fiscal year 2012 is $15.10 per million.\10\
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    \9\ Appendix A explains how we determined the ``baseline
estimate of the aggregate dollar amount of sales'' for fiscal year
2012 using our methodology, and then shows the purely arithmetical
process of calculating the fiscal year 2012 annual adjustment based
on that estimate. The appendix also includes the data used by the
Commission in making its ``baseline estimate of the aggregate dollar
amount of sales'' for fiscal year 2012.
    \10\ The calculation of the adjusted fee rate assumes that the
current fee rate of $19.20 per million will apply through October
31, 2012, due to the operation of the effective date provision
contained in Section 31(j)(4)(A) of the Exchange Act.
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III. Effective Dates of the Annual Adjustments

    Section 31(j)(4)(A) of the Exchange Act provides that the fiscal
year 2012 annual adjustments to the fee rates applicable under Sections
31(b) and (c) of the Exchange Act shall take effect on the later of
October 1, 2011, or 30 days after the date on which a regular
appropriation to the Commission for fiscal year 2012 is enacted.
    It is important to note, however, that Section 991 of the Dodd-
Frank Act amends Section 31 of the Exchange Act effective on the later
of October 1, 2011 or the date of enactment of an Act making a regular
appropriation to the Commission for fiscal year 2012. Once, the
amendments become effective, new lapse in appropriations provisions
will apply such that, if a regular appropriation to the Commission for
fiscal year 2012 is not enacted on or before October 1, 2011, the new
fee rates will not become effective until 60 days after the date such a
regular appropriation is enacted.
    Moreover, once the amendments to Section 31 become effective, the
Commission will be required to make a new adjustment to the fee rates
under Section 31 for fiscal year 2012. The new fee rates will be
determined no later than 30 days after the date on which an Act making
a regular appropriation to the Commission for fiscal year 2012 is
enacted,\11\ and they will become effective on the later of October 1,
2011 or 60 days after the date such a regular appropriation is enacted.
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    \11\ In the event an Act making a regular appropriation to the
Commission for fiscal year 2012 is enacted more than 30 days prior
to October 1, 2011, the Commission will need to defer making a new
adjustment until October 1, 2011, because the amendments requiring
the new adjustment will not be effective until that date.
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    As a result of these amendments, if a regular appropriation to the
Commission for fiscal year 2012 is not enacted on or before October 1,
2011, the fee rate adjustments under this order will never become
effective. Rather the fee rate adjustments for fiscal year 2012 will be
determined in accordance with the amendments to Section 31 made by the
Dodd-Frank Act and will become effective 60 days after the date such a
regular appropriation is enacted.

IV. Conclusion

    Accordingly, pursuant to Section 31 of the Exchange Act,\12\
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    \12\ 15 U.S.C. 77f(b), 78m(e), 78n(g), and 78ee(j).
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    It is hereby ordered that, if a regular appropriation to the
Commission for fiscal year 2012 is enacted on or before October 1,
2011, the fee rates applicable under Sections 31(b) and (c) of the
Exchange Act shall be $15.10 per million effective on the later of
October 1, 2011, or 30 days after the date on which a regular
appropriation to the Commission for fiscal year 2012 is enacted.

    By the Commission.
Cathy H. Ahn,
Deputy Secretary.

Appendix A

    With the passage of the Investor and Capital Markets Relief Act,
Congress has, among other things, established a target amount of monies
to be collected from fees charged to investors based on the value of
their transactions. This appendix provides the formula for determining
such fees, which the Commission adjusts annually, and may adjust semi-
annually.\13\ In order to maximize the likelihood that the amount of
monies targeted by Congress will be collected, the fee rate must be set
to reflect projected dollar transaction volume on the securities
exchanges and certain over-the-counter markets over the course of the
year. As a percentage, the fee rate equals the ratio of the target
amounts of monies to the projected dollar transaction volume.
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    \13\ Congress requires that the Commission make a mid-year
adjustment to the fee rate if four months into the fiscal year it
determines that its forecasts of aggregate dollar volume are
reasonably likely to be off by 10% or more.
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    For 2012, the Commission has estimated dollar transaction volume by
projecting forward the trend established in the previous decade. More
specifically, dollar transaction volume was forecasted for months
subsequent to March 2011, the last month for which the Commission has
data on transaction volume.
    The following sections describe this process in detail.

A. Baseline Estimate of the Aggregate Dollar Amount of Sales for Fiscal
Year 2012

    First, calculate the average daily dollar amount of sales (ADS) for
each month in the sample (March 2001--March 2011). The monthly
aggregate dollar amount of sales (exchange plus certain over-the-
counter markets) is presented in column C of Table B.
    Next, calculate the change in the natural logarithm of ADS from
month to month. The average monthly percentage growth of ADS over the
entire sample is 0.0074 and the standard deviation is 0.123. Assuming
the monthly percentage change in ADS follows a random walk, calculating
the expected monthly percentage growth rate for the full sample is
straightforward. The expected monthly percentage growth rate of ADS is
1.5%.
    Now, use the expected monthly percentage growth rate to forecast
total dollar volume. For example, one can use the ADS for March 2011
($282,580,668,926) to forecast ADS for April 2011 ($286,849,029,708 =
$282,580,668,926 x 1.015).\14\ Multiply by the number of trading days
in April 2011 (20) to obtain a forecast of the total dollar volume for
the month ($5,736,980,594,157). Repeat the

method to generate forecasts for subsequent months.
---------------------------------------------------------------------------

    \14\ The value 1.015 has been rounded. All computations are done
with the unrounded value.
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    The forecasts for total dollar volume are in column G of Table A.
The following is a more formal (mathematical) description of the
procedure:
    1. Divide each month's total dollar volume (column C) by the number
of trading days in that month (column B) to obtain the average daily
dollar volume (ADS, column D).
    2. For each month t, calculate the change in ADS from the previous
month as [Delta]t = log (ADSt/ADSt-1),
where log (x) denotes the natural logarithm of x.
    3. Calculate the mean and standard deviation of the series
{[Delta]1, [Delta]2, * * *,
[Delta]120{time} . These are given by [mu] = 0.0074 and
[sigma] = 0.123, respectively.
    4. Assume that the natural logarithm of ADS follows a random walk,
so that [Delta]s and [Delta]t are statistically
independent for any two months s and t.
    5. Under the assumption that [Delta]t is normally
distributed, the expected value of ADSt/ADSt-1 is
given by exp ([mu] + [sigma]\2\/2), or on average ADSt =
1.015 x ADSt-1.
    6. For April 2011, this gives a forecast ADS of 1.015 x
$282,580,668,926 = $286,849,029,708. Multiply this figure by the 20
trading days in April 2011 to obtain a total dollar volume forecast of
$5,736,980,594,157.
    7. For May 2011, multiply the April 2011 ADS forecast by 1.015 to
obtain a forecast ADS of $291,181,863,773. Multiply this figure by the
21 trading days in May 2011 to obtain a total dollar volume forecast of
$6,114,819,139,242.
    8. Repeat this procedure for subsequent months.

B. Using the Forecasts From A to Calculate the New Fee Rate

    1. Use Table A to estimate fees collected for the period 10/1/11
through 10/31/11. The projected aggregate dollar amount of sales for
this period is $6,590,802,501,369. Projected fee collections at the
current fee rate of 0.0000192 are $126,543,408.
    2. Estimate the amount of assessments on securities futures
products collected during 10/1/11 and 9/30/12 to be $27,453 by
projecting a 1.5% monthly increase from a base of $1,960 in March 2011.
    3. Subtract the amounts $126,543,408 and $27,453 from the target
offsetting collection amount set by Congress of $1,321,000,000 leaving
$1,194,429,139 to be collected on dollar volume for the period 11/1/11
through 9/30/12.
    4. Use Table A to estimate dollar volume for the period 11/1/11
through 9/30/12. The estimate is $79,082,630,235,466. Finally, compute
the fee rate required to produce the additional $1,194,429,139 in
revenue. This rate is $1,194,429,139 divided by $79,082,630,235,466 or
0.0000151036.
    5. Round the result to the seventh decimal point, yielding a rate
of .0000151 (or $15.10 per million).
BILLING CODE 8011-01-P

[GRAPHIC] [TIFF OMITTED] TN06MY11.052

[GRAPHIC] [TIFF OMITTED] TN06MY11.053

[GRAPHIC] [TIFF OMITTED] TN06MY11.054

[GRAPHIC] [TIFF OMITTED] TN06MY11.055

[FR Doc. 2011-10964 Filed 5-5-11; 8:45 am]
BILLING CODE 8011-01-C


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35857-35859]
[FR Doc No: 2012-14641]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0483]
RIN 1625-AA00

Safety Zone, Fireworks Display, Lake Superior; Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Superior near Duluth, MN on July 4, 2012. This zone is intended to
restrict vessels from a portion of the Duluth area of Lake Superior
during the Duluth Fourth Fest fireworks display. This temporary safety
zone is necessary to protect spectators and vessels from the hazards
associated with fireworks displays.

DATES: This rule is effective from 7 p.m. to 11 p.m. on July 4, 2012

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-

2012-0483. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lt. Judson Coleman at<PHONE_NUMBER> ext. 111 or by email
at<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:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be because it would inhibit the Coast
Guard's ability to protect spectators and vessels from the hazards
associated with fireworks displays, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would
also be impracticable.

B. Basis and Purpose

    Between 7 p.m. and 11 p.m. on July 4, 2012, a fireworks display
will occur in the vicinity of Duluth Harbor in Duluth, MN. Based on
accidents that have occurred in other Captain of the Port zones and the
explosive hazards of fireworks, the Captain of the Port Duluth has
determined that fireworks launches proximate to watercraft pose a
significant risk to public safety and property. The likely combination
of large numbers of recreational vessels, congested waterways, darkness
punctuated by bright flashes of light, alcohol use, and debris falling
into the water could easily result in serious injuries or fatalities.
Establishing a safety zone to control vessel movement around the
location of the launch platform will help ensure the safety of persons
and property at these events and help minimize the associated risks.

C. Discussion of the Final Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the Duluth Fourth Fest fireworks
display. The fireworks display will occur between 7 p.m. and 11 p.m. on
July 4, 2012.
    The safety zone for the fireworks will encompass all U.S. navigable
waters of the Duluth Harbor Basin Northern Section within a 600 foot
radius of position 46[deg]46'47'' N., 092[deg]06'10'' W.; at Duluth,
MN. (DATUM: NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port, Marine Safety Unit Duluth
or his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that during
the short time this zone will be in effect, it will have minimal impact
on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel or legal policy issue.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will be in effect for only a few hours on a single night.
Also, vessel traffic can safely pass outside the safety zone during the
event. Additionally, vessels may request permission from the Captain of
the Port Duluth to transit through the safety zone.

3. Assistance for Small Entities

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

4. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T10-0483 to read as follows:

Sec.  165.T10-0483  Safety zone; Fireworks display, Lake Superior,
Duluth, MN.

    (a) Location. The following area is a temporary safety zone: All
waters of Duluth harbor, Duluth, MN, within a 600 foot radius of
position 46[deg]46'47'' N, 092[deg]06'10'' W.; at Duluth, MN (DATUM:
NAD 83).
    (b) Effective and enforcement period. This regulation is effective
and will be enforced from 7 p.m. to 11 p.m. on July 4, 2012. The
Captain of the Port, Marine Safety Unit Duluth, or his on-scene
representative may suspend enforcement of the safety zones at any time.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Marine Safety Unit Duluth, or his designated on-scene
representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Marine Safety Unit Duluth or
his designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Marine Safety Unit Duluth
or his on-scene representative to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Marine Safety Unit Duluth or his on-scene representative.

    Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2012-14641 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]
[Page 8294-8295]
[DOCID:fr16fe06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-58-000]

Southern Natural Gas Company; Notice of Application

February 9, 2006.
    Take notice that on February 1, 2006, Southern Natural Gas Company
(Southern), Post Office Box 2563, Birmingham, Alabama 35202-2563, filed
in Docket No. CP06-58-000 an application pursuant to sections 7(b) and
7(c) of the Natural Gas Act (NGA) for: (1) Permission and approval to
abandon certain pipeline and appurtenant facilities in Tuscaloosa
County, Alabama, and certain compression facilities in St Clair County,
Alabama; and (2) construct, install, and operate certain pipeline
facilities in Tuscaloosa County, Alabama, all as more fully set forth
in the application which is on file with the Commission and open to
public inspection. This filing may also be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link, select

``Docket '' and

follow the instructions (call<PHONE_NUMBER> or for TTY,<PHONE_NUMBER>).
    Southern proposes to abandon in place approximately 4.55 miles of
22-inch diameter pipeline and to abandon and remove approximately 6.36
miles of 22-inch diameter pipeline on its McConnells North Main Loop in
Tuscaloosa County. Southern also proposes to construct, install, and
operate approximately 6.1 miles of 24-inch diameter pipeline on its 2nd
North Main Loop to replace the abandoned 6.36 miles of 22-inch diameter
pipeline on the North Main Loop. Southern states that it no longer
needs the Pell City Unit No. 3 at the Pell City compressor station in
St. Clair County to meet peak demands because of capacity turnbacks on
the Gadsden Lateral Line. Southern proposes to abandon the Pell City
Unit No. 3 in place by disconnecting it from all existing gas piping
system connections, including fuel gas and installing blind flanges at
these points. Additionally, Southern states that electric power will be
disconnected from the unit such that all control systems will be
inoperable.
    Southern estimates that it will spend $8,422,474 for this proposal
with funds on hand and cash from future operations. Southern states
that its existing customers would not lose any service because of the
proposed abandonment.
    Any questions regarding this application should be directed to
Patricia S. Francis, Senior Counsel, Southern Natural Gas Company, Post
Office Box 2563, Birmingham, Alabama 35202-2563 at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: March 2, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2240 Filed 2-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47524-47525]
[FR Doc No: 2012-19481]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0724]

Drawbridge Operation Regulations; Cheesequake Creek, Morgan,
South Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Route 35 Bridge across Cheesequake Creek, mile 0.0, at Morgan, South
Amboy, New Jersey. The deviation allows the bridge to remain in the
closed position for an hour and a half to facilitate a public event,
the Rolling Thunder Freedom Ride.

DATES: This deviation is effective from 12 p.m. through 1:30 p.m. on
September 16, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0724 and are available online
at www.regulations.gov, inserting USCG-2012-0724 in the ``Keyword'' and
then clicking ``Search''. They are 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.

SUPPLEMENTARY INFORMATION: The Route 35 Bridge, across the Cheesequake
Creek at mile 0.0, at Morgan, South Amboy, New Jersey, has a vertical
clearance in the closed position of 25 feet at mean high water and 30
feet at mean low water. The drawbridge operation regulations are listed
at 33 CFR 117.709.
    The Coast Guard received a request from the owner of the bridge,
New Jersey Department of Transportation, to allow the bridge to remain
in the closed position for an hour and a half, 12 p.m. through 1:30
p.m., on September 16, 2012, to facilitate the Rolling Thunder Freedom
Ride, public event.
    Vessels that can pass under the draw in the closed position may do
so at all times. There are no alternate routes available for vessel
traffic. The bridge can be opened in the event of an emergency.
    Under this temporary deviation the Route 35 Bridge may remain in
the closed position between 12 p.m. and 1:30 p.m. on September 16,
2012.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: July 31, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2012-19481 Filed 8-8-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70119-70120]
[FR Doc No: 2021-26663]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-78-000]

ANR Pipeline Company; Notice of Availability of The Draft
Environmental Impact Statement for the Proposed Wisconsin Access
Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Wisconsin Access Project, proposed by ANR Pipeline Company
(ANR) in the above-referenced docket. ANR requests authorization to
modify seven existing meter stations in Oneida, Marathon, Oconto, and
Manitowoc Counties, Wisconsin and increase firm transportation capacity
on its pipeline by 50,707 dekatherms per day.
    The draft EIS assesses the potential environmental effects of the
construction and operation of the Wisconsin Access Project in
accordance with the requirements of the National Environmental Policy
Act. With the exception of climate change impacts, FERC staff concludes
that approval of the Project would not result in significant
environmental impacts. FERC staff is unable to determine the
significance level of climate change impacts.
    The draft EIS addresses the potential environmental effects of the
construction and operation of minor modifications to ANR's existing
Coleman, Lena, Meeme, Mosinee, Rhinelander, Suring, and Two Rivers
Meter Stations. The modifications include the replacement of some
metering and filtering equipment, installation of additional metering
equipment, and replacement of two meter station buildings at the Lena
and Rhinelander Meter Stations.
    The Commission mailed a copy of the Notice of Availability of the
Draft Environmental Impact Statement for the Wisconsin Access Project
to federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The draft EIS is only available in electronic format. It may be
viewed and downloaded from the FERC's website (www.ferc.gov), on the
natural gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In
addition, the draft EIS may be accessed by using the eLibrary link on
the FERC's website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search), select ``General Search,'' and
enter the docket number in the ``Docket Number'' field (i.e., CP21-78).
Be sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at [email protected] or
toll free at (866) 208- 3676, or for TTY, contact<PHONE_NUMBER>.
    The draft EIS is not a decision document. It presents Commission

staff's independent analysis of the environmental issues for the
Commission to consider when addressing the merits of all issues in this
proceeding. Any person wishing to comment on the draft EIS may do so.
Your comments should focus on the draft EIS's disclosure and discussion
of potential environmental effects, measures to avoid or lessen
environmental impacts and the completeness of the submitted
alternatives, information, and analyses. To ensure consideration of
your comments on the proposal in the final EIS, it is important that
the Commission receive your comments on or before 5:00 p.m. Eastern
Time on January 24, 2022.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. With eFiling, you can provide comments in a variety of
formats by attaching them as a file with your submission. New eFiling
users must first create an account by clicking on ``eRegister.'' If you
are filing a comment on a particular project, please select ``Comment
on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
78-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR part 385.214). Motions to intervene are
more fully described at https://www.ferc.gov/how-intervene. Only
intervenors have the right to seek rehearing or judicial review of the
Commission's decision. The Commission grants affected landowners and
others with environmental concerns intervenor status upon showing good
cause by stating that they have a clear and direct interest in this
proceeding which no other party can adequately represent. Simply filing
environmental comments will not give you intervenor status, but you do
not need intervenor status to have your comments considered.

Questions?

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: December 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26663 Filed 12-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1450-1451]
[FR Doc No: 2015-00128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73982; File No. SR-DTC-2014-13]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Fees Charged for Tax Services

January 5, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 23, 2014, The Depository Trust Company (``DTC'') 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 DTC. DTC filed the proposed rule change
pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-4(f)(2) \4\
thereunder. The proposed rule change was effective upon filing with the
Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to the DTC Fee
Schedule (``Fee Schedule'') in order to adjust certain fees related to
DTC's tax services, as more fully described below.\5\
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    \5\ Each term not otherwise defined herein has the respective
meaning set forth in DTC's rules (the ``Rules'').
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    Pursuant to the proposed rule change DTC would revise certain fees
for the: (i) DTC TaxRelief\SM\ Service,\6\ and (ii) DTC U.S. Tax
Withholding Service, as more fully described below.
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    \6\ DTC TaxRelief\SM\ is a service mark of DTC.
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DTC TaxRelief\SM\ Service Fee Increase
    The DTC TaxRelief\SM\ Service enables investors to preclude
overwithhholding on income payments in various foreign jurisdictions.
The current fee structure for this service is not aligned with the
costs to DTC of providing this service as it relates to processing of
Canadian securities due to associated volumes and the resources
necessary for such processing.
    Therefore, to better align fees with the costs associated with
delivering this aspect of this service to Participants, DTC proposes to
increase the fee per final election (including post-payable) processed
for foreign withholding tax relief for Canadian securities from 0.625%
of tax relief secured to 0.700% of tax relief secured, with the minimum
fee per final election increased from $32.00 to $38.00.\7\
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    \7\ As applicable, the existing maximum fee and/or surcharge per
final election as set forth in the Fee Schedule would continue to
remain in effect for Canadian securities. Current fees for non-
Canadian securities would remain unchanged.
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    U.S. Tax Withholding Service
    The U.S. Tax Withholding Service provides for withholding of U.S.
tax on payments to foreign Participants of DTC. As applicable law has
become increasingly complex, the cost of DTC's offering of this service
is not aligned with fees charged. Accordingly, pursuant to the proposed
change, to better align the Fee Schedule with the costs associated with
providing this service to Participants, DTC would amend the Fee
Schedule for the U.S. Tax Withholding Service as follows:
    1. The fee charged for withholding instructions per each Elective
Dividend Service (``EDS'') election for a transaction processed by the
U.S. Tax Withholding Service would increase from $1.80 to $2.50.
    2. The monthly fee per account would increase from $150 to $250.
    3. DTC would begin charging U.S. branches of foreign banks (``U.S.
Branches'') the above monthly fee of $250 per account. Currently U.S.
Branches are not charged the monthly fee for this service.\8\
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    \8\ U.S. Branches utilize this service for tax reporting
purposes only rather than full tax withholding. However, imposition
of the monthly minimum charge is necessary in light of associated
costs incurred by DTC in this regard.
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    4. The annual minimum fee charged to Participants for use of the
U.S. Tax Withholding Service would increase from $5,000 to $7,500. For
example, if an account is charged $7,000 in fees for

use of the service during a calendar year, then the account would be
charged an additional $500 to reach the annual minimum amount of
$7,500. However, the existing annual minimum charge does not apply to
U.S. Branches and this would remain the case. In addition, the Fee
Schedule would be clarified to reflect that this fee does not apply to
U.S. Branches.
    The fee changes set forth above would be incorporated into the Fee
Schedule which is available at www.dtcc.com.
Implementation Date
    The proposed fee changes would take effect on January 2, 2015.
2. Statutory Basis
    The proposed rule change would align DTC's fees for the services
described above with the costs of delivering applicable services, and
the charges would apply equally in accordance with Participants' use of
DTC services. Therefore, DTC believes the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to DTC, in particular Section
17A(b)(3)(D) of the Act,\9\ which requires that DTC's Rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Participants.
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    \9\ 15 U.S.C. 78q-1(b)(3)(D).
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(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact, or impose any burden, on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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) \10\ of the Act and paragraph (f) of Rule 19b-4 \11\
thereunder. 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.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
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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_ADDRESS>Please include
File Number SR-DTC-2014-13 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-DTC-2014-13. 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 DTC and on DTCC's
Web site at http://dtcc.com/legal/sec-rule-filings.aspx. 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-DTC-2014-13 and should be
submitted on or before January 30, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-00128 Filed 1-8-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 7, 2009 (Volume 74, Number 233)]
[Rules and Regulations]
[Page 63993-63995]
[DOCID:fr07de09-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2009-0638; FRL-9088-8]

Determinations of Attainment of the One-Hour and Eight-Hour Ozone
Standards for Various Ozone Nonattainment Areas in New Jersey and
Upstate New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining that various ozone nonattainment areas
in New York and New Jersey have attained the one-hour and eight-hour
National Ambient Air Quality Standards (NAAQS) for ozone. For the one-
hour standard, the areas are the Atlantic City and Warren County areas
in New Jersey and the Albany-Schenectady-Troy, Buffalo-Niagara Falls,
Essex County, Jefferson County, and Poughkeepsie areas in New York. For
the 1997 eight-hour standard, the areas are Buffalo-Niagara Falls,
Jamestown, Poughkeepsie and Essex County in New York. These
determinations are based upon certified ambient air monitoring data
that show each area has monitored attainment of ozone NAAQS based on
complete, quality-assured ambient air monitoring data for the three-
year period ending in 2008. These data demonstrate that the one-hour
and eight-hour ozone standards have been attained in these areas. These
areas that have attained the one-hour standard have completed their
progress toward achieving the one-hour health standard. For the areas
that have attained the eight-hour standard, the requirements for the
State to submit certain reasonable further progress plans, attainment
demonstrations, contingency measures and any other planning
requirements of the Clean Air Act related to attainment of the ozone
standards are suspended for as long as the areas continue to attain the
eight-hour ozone standard. These determinations of attainment are not
redesignations of these areas to attainment. Redesignations must meet
additional requirements, including an approved plan to maintain
compliance with the air quality standard for ten years after
redesignation. In addition, preliminary data for 2009 show that these
areas continue to attain the standard.

DATES: Effective Date: This rule is effective on January 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R02-OAR-2008-0638. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air Programs
Branch, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
25th Floor, New York, New York 10007-1866. To make your visit as
productive as possible, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, Region 2, 290 Broadway, 25th Floor,
New York, New York 10007-1866, telephone number<PHONE_NUMBER>, fax
number<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. The Effect of EPA's Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is determining that the Atlantic City area and Warren County in
New Jersey and the Albany-Schenectady-Troy, Buffalo-Niagara Falls,
Essex County, Jefferson County, and Poughkeepsie areas in New York are
certified as attaining the one-hour ozone national ambient air quality
standard (NAAQS). The Buffalo-Niagara Falls, Jamestown, Poughkeepsie
and Essex County eight-hour ozone nonattainment areas in New York have
attained the 1997 eight-hour NAAQS for ozone. These determinations are
based upon certified ambient air monitoring data that show the areas
have monitored attainment of the ozone NAAQS for the three year period
from 2006 to 2008. All these data are available in the EPA Air Quality
System (AQS) database.
    The rationale for EPA's determination is explained in the Proposed
Rulemaking published on September 23, 2009 (74 FR 48498) and will not
be restated here. No public comments were received on the proposal.

II. The Effect of EPA's Action

    The following areas subject to the one-hour standard have completed
their progress toward achieving the one-hour health standard: the
Atlantic City area and Warren County in New Jersey, and the Albany-
Schenectady-Troy, Buffalo-Niagara Falls, Essex County, Jefferson
County, and Poughkeepsie areas in New York.
    For the areas that attained the eight-hour standard, that is, the
Buffalo-Niagara Falls, Jamestown, Poughkeepsie and Essex County ozone
nonattainment areas this determination suspends the requirements for
various State Implementation Plan (SIP) items, including, where
applicable, the requirement to submit an attainment demonstration, a
reasonable further progress plan, and section 172(c)(9) contingency
measures for the eight-hour ozone NAAQS for so long as these areas
continue to attain the ozone NAAQS. EPA makes this determination under
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918).
    This action does not constitute a redesignation to attainment under
Clean Air Act (CAA) section 107(d)(3), because these areas do not have
approved maintenance plans as required under section 175A of the CAA,
nor are there determinations that the areas have met the other
requirements for redesignation. The classification and designation
status of these areas will not change from nonattainment for the eight-
hour ozone NAAQS until such time as EPA determines that they meet the
CAA requirements for redesignation to attainment.
    If EPA subsequently determines that any of these areas has violated
the current eight hour ozone standard, after notice-and-comment
rulemaking in the Federal Register, the basis for the suspension of
these requirements would no longer exist for that area, and the area
that violated the eight hour standard would have to address the
pertinent requirements.

III. Final Action

    EPA is determining the following areas have attained the 1-hour
standard: the Atlantic City and Warren County areas in New Jersey and
the Albany-Schenectady-Troy, Buffalo-Niagara Falls, Essex County,
Jefferson County, and Poughkeepsie areas in New York. EPA is also
determining that the following areas in New York have attained the
eight hour standard: Buffalo-Niagara Falls, Jamestown, Poughkeepsie and
Essex County (Whiteface Mountain). For the eight hour ozone
nonattainment areas, as provided in 40 CFR 51.918, this determination
suspends the requirements for New York to submit attainment
demonstrations, reasonable further progress plans, and contingency
measures under section 172(c)(9), and any other planning SIP related to
attainment of the eight hour ozone NAAQS for these areas, where
applicable. If an area no longer attains the standard, that area must
submit the required SIP planning elements required by the CAA.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
makes a determination based on air quality data, and results in the
suspension of certain Federal requirements. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
makes a determination based on air quality data, and results in the
suspension of certain Federal requirements, it 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).
    This rule also does not have Tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it determines that air
quality in the affected area is meeting Federal standards.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that otherwise satisfy the provisions of the
Clean Air Act.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    Under Executive Order 12898, EPA finds that this rule involves a
determination of attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.
    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
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. 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 February 5, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: November 24, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.

0
Part 52 of 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 FF--New Jersey

0
2. Section 52.1582 is amended by revising paragraph (l) to read as
follows:

Sec.  52.1582  Control strategy and regulations: Ozone.

* * * * *
    (l) Attainment Determination. EPA is determining that the 1-hour
ozone nonattainment areas in New Jersey listed below have attained the
1-hour ozone standard on the date listed and that the reasonable
further progress and attainment demonstration requirements of section
182(b)(1) and related requirements of section 172(c)(9) (contingency
measures) of the Clean Air Act do not apply to these areas.
    (1) Philadelphia-Wilmington-Trenton (consisting of Burlington,
Camden, Cumberland, Gloucester, Mercer, and Salem Counties) as of
November 15, 2005. EPA also has determined, as of November 15, 2005,
the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment
area is not subject to the imposition of the section 185 penalty fees.
    (2) Atlantic City (consisting of Atlantic and Cape May Counties) as
of January 6, 2010.
    (3) Warren County as of January 6, 2010.
* * * * *

Subpart HH--New York

0
2. Section 52.1683 is amended as follows:
0
a. By revising paragraph (f)(1).
0
b. In paragraph (f)(2)(i) by removing the comma at the end of the
paragraph and adding a period in its place.
0
c. In paragraph (f)(2)(ii) by removing ``, and'' at the end of the
paragraph and adding in its place a period.
0
d. By adding paragraphs (f)(2)(iv), (f)(2)(v), (f)(2)(vi), and
(f)(2)(vii).

Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (f) * * *
    (1) EPA is determining that the 1-hour ozone nonattainment areas in
New York listed below have attained the 1-hour ozone standard on the
date listed and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) (contingency measures) of the Clean
Air Act do not apply to these areas.
    (i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, and Schenectady Counties) as of
January 6, 2010.
    (ii) Buffalo-Niagara Falls (consisting of Erie and Niagara
Counties) as of January 6, 2010.
    (iii) Essex County as of January 6, 2010.
    (iv) Jefferson County, as of January 6, 2010.
    (v) Poughkeepsie (consisting of Dutchess, and Putnam Counties and
northern Orange County) as of January 6, 2010.
    (2) * * *
    (iv) Buffalo-Niagara Falls (consisting of Erie and Niagara
Counties) as of January 6, 2010.
    (v) Jamestown (consisting of Chautauqua County) as of January 6,
2010.
    (vi) Poughkeepsie (consisting of Dutchess, Orange and Putnam
Counties) as of January 6, 2010.
    (vii) Essex County (consisting of Whiteface Mountain) as of January
6, 2010.
* * * * *
[FR Doc. E9-28971 Filed 12-4-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51976-51977]
[FR Doc No: 2018-22301]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0016; OMB No. 1660-0139]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Ready Public Service Advertising (PSA)
Campaign Creative Testing Research

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before November 14, 2018.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Aretha Carter, External Affairs Specialist, Federal Emergency
Management Agency,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on March 14, 2018 at 83 FR
11222 with a 60-day public comment period. FEMA received 10 comments.
Only one comment is related to the information collection, and states,
``Whereas the abstract states, `FEMA proposes conducting qualitative
research in the form of focus groups in order to test creative concepts
developed for FEMA's national Ready public service advertising (PSA)
campaign, which aims to educate and empower Americans to prepare for
and respond to emergencies. The research will help determine the
clarity, relevance, and motivating appeal of the concepts prior to
final production of the advertising.' It does not state research will
include the effectiveness of the PSA. Clearly it is difficult for
metrics to be measured because they are not an exact science, and there
is no way to measure success. What can be measured are `results'.
Therefore PSAs should be written with the level of creativity where
they generate results, then results or the effectiveness of the PSA can
be measured. With no means of measurement stated in the abstract, it
seems like determining if there is actual `qualitative testing' will
not be captured.'' The proposed research is a qualitative research
approach; the objective of the focus groups is to facilitate discussion
around the creative PSA product developed and to identify patterns in
response to determine whether the creative concepts are relevant to the
intended audience, deliver the message clearly, and have potential to
motivate behavior change. This data collection is not intended to
measure whether the final produced campaign is impactful in-market;
other methods, such as a survey of the campaign audience, are planned
to evaluate the impact of the campaign and will be a separate data
collection. The purpose of this notice is to notify the public that
FEMA will submit the information collection abstracted below to the
Office of Management and Budget for review and clearance.

Collection of Information

    Title: Ready PSA Campaign Creative Testing Research.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0139.
    Form Titles and Numbers: FEMA Forms: FEMA Form 008-0-21,
Recruitment Screener (script); FEMA Form 008-0-22, Focus Group
Discussion Guide.

    Abstract: FEMA proposes conducting qualitative research in the form
of focus groups in order to test creative concepts developed for FEMA's
national Ready public service advertising campaign, which aims to
educate and empower Americans to prepare for and respond to
emergencies. The research will help determine the clarity, relevance,
and motivating appeal of the concepts prior to final production of the
advertising.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 90.
    Estimated Number of Responses: 90.
    Estimated Total Annual Burden Hours: 58.
    Estimated Total Annual Respondent Cost: $2,060.16.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $52,834.81.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

William H. Holzerland,
Sr. Director, Information Management Division, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2018-22301 Filed 10-12-18; 8:45 am]
 BILLING CODE 9111-69-P