[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70414-70415]
[FR Doc No: 2016-24602]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of Licenses and Soliciting
Comments and Motions To Intervene

Littleville Power Company, Inc., Kelley's   Project Nos. 2801-039, 3025-
 Falls, LLC, Somersworth Hydro Company,      027, 4451-018, 5261-021,
 Inc., Newbury Hydro Company, LLC, Hydro     5313-015, 5702-017, 8405-
 Energies Corporation, Barnet Hydro          021, and 11163-048,
 Company, LLC, Mascoma Hydro Corporation,    respectively.
 Salmon Falls Hydro, LLC, Green Mountain
 Power Corporation.

    On September 14, 2016, the above mentioned transferors and Green
Mountain Power Corporation (transferee) filed an application for
transfer of licenses for the following projects.

------------------------------------------------------------------------
        Project number             Project name           Location
------------------------------------------------------------------------
P-2801-039....................  Glendale Project.  Housatonic River,
                                                    Berkshire County,
                                                    MA.
P-3025-027....................  Kelley's Falls     Piscataquog River,
                                 Project.           Hillsborough County,
                                                    NH.
P-4451-018....................  Lower Great Falls  Salmon Falls River,
                                 Project.           Strafford County,
                                                    NH; York County, ME.
P-5261-021....................  Newbury Project..  Wells River, Orange
                                                    County, VT.
P-5313-015....................  Dewey's Mills      Wells River, Orange
                                 Hydroelectric      County, VT.
                                 Project.
P-5702-017....................  Barnet Hydro       Stevens River,
                                 Project.           Caledonia County,
                                                    VT.
P-8405-021....................  Glen Hydro         Mascoma River,
                                 Project.           Grafton County, NH.
P-11163-048...................  South Berwick      Salmon Falls River,
                                 Hydroelectric      York County, ME;
                                 Project.           Rollinsford &
                                                    Strafford, counties,
                                                    NH.
------------------------------------------------------------------------

    The transferors and transferee seek Commission approval to transfer
the licenses for the above mentioned projects from the transferors to
the transferee.
    Applicant Contacts: For Transferor: Mr. Stephen Pike, Vice
President, Operations, Enel Green Power North America, Inc., 1 Tech
Drive, Suite 220, Andover, MA 01810, Email<EMAIL_ADDRESS>and
General Counsel, Enel Green Power North America, Inc., 1 Tech Drive,
Suite 220, Andover, MA 01810, Email<EMAIL_ADDRESS>For
Transferee: Ms. Charlotte Ancel, Vice President, Power Supply & General
Counsel, Green Mountain Power Corporation, 163 Acorn Lane, Colchester,
VT 05446, Email<EMAIL_ADDRESS>and Ms.
Elizabeth Kohler, Esq., Downs Rachlin Martin PLLC, 199 Main Street,
P.O. Box 190, Burlington, VT 05402, Email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance date of this notice, by the Commission. The Commission
strongly encourages electronic filing. Please file motions to intervene
and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2801-039, P-3025-027, P-4451-018, P-5261-021, P-5313-
015, P-5702-017, P-8405-021, and P-11163-048.

    Dated: October 5, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-24602 Filed 10-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 1, 2009 (Volume 74, Number 189)]
[Notices]
[Page 50791-50792]
[DOCID:fr01oc09-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1655-000]

Fowler Ridge II Wind Farm LLC; Notice of Filing

September 24, 2009.
    Take notice that, on September 23, 2009, Fowler Ridge II Wind Farm
LLC filed to supplement its filing in the above captioned docket with
information required under the Commission's regulations. Such filing
served to reset the filing date in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 14, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23655 Filed 9-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6165-6166]
[FR Doc No: 2022-02219]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-463-000]

Texas Eastern Transmission, LP Notice of Schedule for the
Preparation of an Environmental Assessment for the Holbrook Compressor
Units Replacement Project

    On June 17, 2021, Texas Eastern Transmission, LP (Texas Eastern)
filed an application in Docket No. CP21-463-000 requesting
authorization and a Certificate of Public Convenience and Necessity
pursuant to Sections 7(b) and 7(c) of the Natural Gas Act to abandon
certain natural gas facilities, and construct, operate, and maintain
certain natural gas facilities. The proposed project is known as the
Holbrook Compressor Station Replacement Project (Project). Texas
Eastern is requesting authorization to abandon twelve existing
reciprocating compressor units installed in the 1950s at its Holbrook
Compressor Station in Greene County, Pennsylvania, and replace them
with two new, more efficient gas turbines.
    On July 2, 2021, the Federal Energy Regulatory Commission (FERC or
Commission) issued its Notice of Application for the Project. Among
other things, that notice alerted other agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on the request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project. This notice identifies the
Commission staff's intention to prepare an environmental assessment
(EA) for the Project and the planned schedule for completion of the
environmental review.\1\
---------------------------------------------------------------------------

    \1\ 40 CFR 1501.10 (2020)
---------------------------------------------------------------------------

Schedule for Environmental Review

Issuance of EA--May 12, 2022
90-day Federal Authorization Decision Deadline \2\--August 10, 2022
---------------------------------------------------------------------------

    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the EA, an additional
notice will be provided so that the relevant agencies are kept informed
of the Project's progress.

Project Description

    Texas Eastern proposes to abandon-in-place eight existing 1,350-
horsepower natural gas engine-compressor units and four 2,000-
horsepower compressor units that were installed in the 1950s. To
replace them, Texas Eastern proposes to install two new 9,676-
horsepower Solar Taurus 70 natural gas-fired compressor units, software
controls, and associated auxiliary piping and equipment within a new
8,500-square-foot building.

Background

    On October 1, 2021, the Commission issued a Notice of Scoping
Period Requesting Comments on Environmental Issues for the Proposed
Holbrook Compressor Station Units Replacement Project (Notice of
Scoping). The Notice of Scoping was sent to federal, state, and local
government agencies; elected officials; affected landowners;
environmental and public interest groups; potentially interested Indian
tribes and regional organizations; commentors and other interested
parties; and local libraries and newspapers. In response to the Notice
of Scoping, the Commission received comments from the U.S.
Environmental Protection Agency, Region 3, concerning the Project
purpose and need, alternatives, climate change, environmental justice,
and cumulative impacts. All substantive comments will be addressed in
the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. 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.
    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, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' (i.e., CP21-463), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>,
    TTY<PHONE_NUMBER>, or at [email protected]. The eLibrary
link on the FERC website also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and rule
makings.

    Dated: January 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02219 Filed 2-2-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75158-75161]
[FR Doc No: 2014-29478]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-2033]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Survey on the Occurrence of Foodborne Illness Risk
Factors in Selected Institutional Foodservice and Retail Food Stores
Facility Types

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on a survey entitled ``Survey on the
Occurrence of Foodborne Illness Risk Factors in Selected Institutional
Foodservice and Retail Food Stores Facility Types (2015-2025).''

DATES: Submit either electronic or written comments on the collection
of information by February 17, 2015.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Survey on the Occurrence of Foodborne Illness Risk Factors in Selected
Retail and Foodservice Facility Types (2015-2025) (OMB Control Number
0910-NEW)

I. Background

    From 1998-2008, FDA's National Retail Food Team conducted a study
to measure trends in the occurrence of foodborne illness risk factors,
preparation practices, and employee behaviors most commonly reported to
the Centers for Disease Control and Prevention as contributing factors
to foodborne illness outbreaks at the retail level. Specifically, data
was collected by FDA Specialists in retail and foodservice
establishments at 5-year intervals (1998, 2003, and 2008) in order to
observe and document trends in the occurrence of the following
foodborne illness risk factors:
     Food from Unsafe Sources,
     Poor Personal Hygiene,
     Inadequate Cooking,

     Improper Holding/Time and Temperature and
     Contaminated Equipment/Cross-Contamination.
    FDA developed reports summarizing the findings for each of the
three data collection periods (1998, 2003, and 2008) (Refs. 1-3). Data
from all three data collection periods were analyzed to detect trends
in improvement or regression over time and to determine whether
progress had been made toward the goal of reducing the occurrence of
foodborne illness risk factors in selected retail and foodservice
facility types (Ref. 4).
    Using this 10-year survey as a foundation, in 2013-2014, FDA
initiated a new study in full service and fast food restaurants. This
study will span 10 years with additional data collections planned for
2017-2018 and 2021-2022. FDA is proposing to collect data in select
institutional foodservice and retail food store facility types in 2015-
2016. This proposed study will also span 10 years with additional data
collections planned for 2019-2020 and 2023-2024.

    Table 1--Description of the Facility Types Included in the Survey
------------------------------------------------------------------------
        Facility type                         Description
------------------------------------------------------------------------
Healthcare Facilities........  Hospitals and long-term care facilities
                                foodservice operations that prepare
                                meals for highly susceptible populations
                                as defined as follows:
                                   Hospitals_A foodservice
                                   operation that provides for the
                                   nutritional needs of inpatients by
                                   preparing meals and transporting them
                                   to the patient's room and/or serving
                                   meals in a cafeteria setting (meals
                                   in the cafeteria may also be served
                                   to hospital staff and visitors).
                                   Long-term care facilities_A
                                   foodservice operation that prepares
                                   meals for the residents in a group
                                   care living setting such as nursing
                                   homes and assisted living facilities.
                               Note: For the purposes of this study,
                                healthcare facilities that do not
                                prepare or serve food to a highly
                                susceptible population, such as mental
                                healthcare facilities, are not included
                                in this facility type category.
Schools (K-12)...............  Foodservice operations that have the
                                primary function of preparing and
                                serving meals for students in one or
                                more grade levels from Kindergarten
                                through Grade 12. A school foodservice
                                may be part of a public or private
                                institution.
Retail Food Stores...........  Supermarkets and grocery stores that have
                                a deli department/operation as described
                                as follows:
                                   Deli department/
                                   operation_Areas in a retail food
                                   store where foods, such as luncheon
                                   meats and cheeses, are sliced for the
                                   customers and where sandwiches and
                                   salads are prepared on-site or
                                   received from a commissary in bulk
                                   containers, portioned, and displayed.
                                   Parts of deli operations may include:
                                   Salad bars, pizza stations,
                                   and other food bars managed by the
                                   deli department manager.
                                   Areas where other foods are
                                   cooked or prepared and offered for
                                   sale as ready-to-eat and are managed
                                   by the deli department manager.
                               Data will also be collected in the
                                following areas of a supermarket or
                                grocery store, if present:
                                   Meat and seafood department/
                                   operation_Areas in a retail food
                                   store where raw animal food products,
                                   such as beef, pork, poultry, or
                                   seafood, are cut, prepared, stored,
                                   or displayed for sale to the
                                   consumer.
                                   Produce department/
                                   operation_Areas in a retail food
                                   store where produce is cut, prepared,
                                   stored, or displayed for sale to the
                                   consumer. A produce operation may
                                   include salad bars or juice stations
                                   that are managed by the produce
                                   manager.
------------------------------------------------------------------------

    The purpose of the study is to:
     Assist FDA with developing retail food safety initiatives
and policies focused on the control of foodborne illness risk factors;
     Identify retail food safety work plan priorities and
allocate resources to enhance retail food safety nationwide;
     Track changes in the occurrence of foodborne illness risk
factors in retail and foodservice establishments over time; and
     Inform recommendations to the retail and foodservice
industry and state, local, tribal, and territorial regulatory
professionals on reducing the occurrence of foodborne illness risk
factors.
    The statutory basis for FDA conducting this study is derived from
the Public Health Service Act (42 U.S.C. 243, Section 311(a)).
Responsibility for carrying out the provisions of the Act relative to
food protection was transferred to the Commissioner of Food and Drugs
in 1968 (21 CFR 5.10(a)(2) and (4)). Additionally, the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq) and the Economy Act (31
U.S.C. 1535) require FDA to provide assistance to other Federal, state,
and local government bodies.
    The objectives of the study are to:
     Identify the foodborne illness risk factors that are in
most need of priority attention during each data collection period;
     Track trends in the occurrence of foodborne illness risk
factors over time;
     Examine potential correlations between operational
characteristics of food establishments and the control of foodborne
illness risk factors;
     Examine potential correlations between elements within
regulatory retail food protection programs and the control of foodborne
illness risk factors; and
     Evaluate the impact of industry food safety management
systems in controlling the occurrence of foodborne illness risk
factors.
    The methodology to be used for this information collection is
described as follows. In order to obtain a sufficient number of
observations to conduct statistically significant analysis, FDA will
conduct approximately 400 data collections in each facility type. This
sample size has been calculated to provide for sufficient observations
to be 95 percent confident that the compliance percentage is within 5
percent of the true compliance percentage.
    A geographical information system database containing a listing of
businesses throughout the United States will be used as the
establishment inventory for the data collections. FDA will sample
establishments from the inventory based on the descriptions in table 1.
FDA does not intend to sample operations that handle only prepackaged
food items or conduct low risk food preparation activities. The FDA
Food Code contains a grouping of establishments by risk, based on the
type of food preparation that is normally conducted within the
operation (Ref. 5). The intent is to sample establishments that fall
under risk categories 2 through 4.
    FDA has approximately 25 Regional Retail Food Specialists
(Specialists) who will serve as the data collectors for the 10-year
study. The Specialists are

geographically dispersed throughout the United States and possess
technical expertise in retail food safety and a solid understanding of
the operations within each of the facility types to be surveyed. The
Specialists are also standardized by FDA's Center for Food Safety and
Applied Nutrition personnel in the application and interpretation of
the FDA Food Code (Ref. 5).
    Sampling zones will be established which are equal to the 150 mile
radius around a Specialist's home location. The sample will be selected
randomly from among all eligible establishments located within these
sampling zones. The Specialists are generally located in major
metropolitan areas (i.e. population centers) across the contiguous
United States. Population centers usually contain a large concentration
of the establishments FDA intends to sample. Sampling from the 150 mile
radius sampling zones around the Specialists' home locations provides
three advantages to the study:
    1. It provides a cross section of urban and rural areas from which
to sample the eligible establishments.
    2. It represents a mix of small, medium, and large regulatory
entities having jurisdiction over the eligible establishments.
    3. It reduces overnight travel and therefore reduces travel costs
incurred by the Agency to collect data.
    The sample for each data collection period will be evenly
distributed among Specialists. Given that participation in the study by
industry is voluntary and the status of any given randomly selected
establishment is subject to change, substitute establishments will be
selected for each Specialist for cases where the restaurant facility is
misclassified, closed, or otherwise unavailable, unable, or unwilling
to participate.
    Prior to conducting the data collection, Specialists will contact
the state or local jurisdiction that has regulatory responsibility for
conducting retail food inspections for the selected establishment. The
Specialist will verify with the jurisdiction that the facility has been
properly classified for the purposes of the study and is still in
operation. The Specialist will also ascertain whether the selected
facility is under legal notice from the state or local regulatory
authority. If the selected facility is under legal notice, the
Specialist will not conduct a data collection, and a substitute
establishment will be used. An invitation will be extended to the state
or local regulatory authority to accompany the Specialist on the data
collection visit.
    A standard form will be used by the Specialists during each data
collection. The form is divided into three sections: Section 1--
``Establishment Information;'' Section 2--``Regulatory Authority
Information;'' and Section 3--``Foodborne Illness Risk Factor and Food
Safety Management System Assessment.'' The information in Section 1--
``Establishment Information'' of the form will be obtained during an
interview with the establishment owner or person in charge by the
Specialist and will include a standard set of questions.
    The information in Section 2--``Regulatory Authority Information''
will be obtained during an interview with the program director of the
state or local jurisdiction that has regulatory responsibility for
conducting inspections for the selected establishment. Section 3
includes three parts: Part A for tabulating the Specialists'
observations of the food employees' behaviors and practices in limiting
contamination, proliferation, and survival of food safety hazards; Part
B for assessing the food safety management being implemented by the
facility; and Part C for assessing the frequency and extent of food
employee hand washing. The information in Part A will be collected from
the Specialists' direct observations of food employee behaviors and
practices. Infrequent, nonstandard questions may be asked by the
Specialists if clarification is needed on the food safety procedure or
practice being observed. The information in Part B will be collected by
making direct observations and asking follow up questions of facility
management to obtain information on the extent to which the food
establishment has developed and implemented food safety management
systems. The information in Part C will be collected by making direct
observations of food employee hand washing. No questions will be asked
in the completion of Section 3, Part C of the form.
    FDA will collect the following information associated with the
establishment's identity: Establishment name, street address, city,
state, zip code, county, industry segment, and facility type. The
establishment identifying information is collected to ensure the data
collections are not duplicative. Other information related to the
nature of the operation, such as seating capacity and number of
employees per shift, will also be collected. Data will be consolidated
and reported in a manner that does not reveal the identity of any
establishment included in the study.
    FDA is working with the National Center for Food Protection and
Defense to develop a Web-based platform in FoodSHIELD to collect,
store, and analyze data for the Retail Risk Factor Study. Once
developed, this platform will be accessible to state, local,
territorial, and tribal regulatory jurisdictions to collect data
relevant to their own risk factor studies. FDA is currently
transitioning from the manual entry of data to the use of hand-held
technology. Contingent upon the completion of the Web-based platform,
FDA intends to pilot test the use of hand-held technology during its
2015-2016 risk factor study data collection in institutional
foodservice and retail food store facility types, with the goal to have
it fully implemented by the next the data collection in restaurant
facility types that will occur in 2017-2018. When a data collector is
assigned a specific establishment, he or she will conduct the data
collection and enter the information into the Web-based data platform.
The interface will support the manual entering of data, as well as the
ability to upload a fillable PDF.
    The burden for this collection of information is as follows. For
each data collection, the respondents will include: (1) The person in
charge of the selected facility type (whether it be a healthcare
facility, school, or supermarket/grocery store); and (2) the program
director (or designated individual) of the respective regulatory
authority. In order to provide the sufficient number of observations
needed to conduct a statistically significant analysis of the data, FDA
has determined that 400 data collections will be required in each of
the three facility types. Therefore, the total number of responses will
be 2,400 (400 data collections x 3 facility types x 2 respondents per
data collection).
    The burden associated with the completion of Sections 1 and 3 of
the form is specific to the persons in charge of the selected
facilities. It includes the time it will take the persons in charge to
accompany the data collectors during the site visit and answer the data
collectors' questions. The burden related to the completion of Section
2 of the form is specific to the program directors (or designated
individuals) of the respective regulatory authorities. It includes the
time it will take to answer the data collectors' questions and is the
same regardless of the facility type.
    To calculate the estimate of the hours per response, FDA will use
the average data collection duration for similar facility types during
FDA's 2008 Risk Factor Study (Ref. 3) plus an extra 30 minutes (0.5
hours) for the information collection related to Section 3, Part B of

the form. FDA estimates that it will take the persons in charge of
healthcare facility types, schools, and retail food stores 150 minutes
(2.5 hours), 120 minutes (2 hours), and 180 minutes (3 hours),
respectively, to accompany the data collectors while they complete
Sections 1 and 3 of the form. FDA estimates that it will take the
program director (or designated individual) of the respective
regulatory authority 30 minutes (0.5 hours) to answer the questions
related to Section 2 of the form. The total burden estimate for a data
collection, including both the program director's and the person in
charge's responses, in healthcare facility types is 180 minutes
(150+30)(3 hours), in schools is 150 minutes (120+30)(2.5 hours), and
in retail food stores is 210 minutes (180+30)(3.5 hours).
    Based on the number of entry refusals from the 2013-2014 Risk
Factor Study in the restaurant facility types, we estimate a refusal
rate of 2 percent in the institutional foodservice and retail food
store facility types. The estimate of the time per non-respondent is 5
minutes (0.08 hours) for the person in charge to listen to the purpose
of the visit and provide a verbal refusal of entry.

                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Number of                              Number of
                                                 Number of    responses      Total      Number of    responses      Total        Average
                   Activity                     respondents      per         annual        non-       per non-   annual non-   burden per    Total hours
                                                              respondent   responses   respondents   respondent   responses     response
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015-2016 Data Collection (Healthcare                   400            1          400  ...........  ...........  ...........          2.5       1,000
 Facilities)_Completion of Sections 1 and 3...
2015-2016 Data Collection (Schools)_Completion          400            1          400  ...........  ...........  ...........          2           800
 of Sections 1 and 3..........................
2015-2016 Data Collection (Retail Food                  400            1          400  ...........  ...........  ...........          3         1,200
 Stores)_Completion of Sections 1 and 3.......
2015-2016 Data Collection-Completion of               1,200            1        1,200  ...........  ...........  ...........          0.5         600
 Section 2_All Facility Types.................
2017-2018 Data Collection-Entry Refusals_All    ...........  ...........  ...........           24            1           24      \2\ 0.08          1.92
 Facility Types...............................
                                               ---------------------------------------------------------------------------------------------------------
    Total Hours...............................  ...........  ...........  ...........  ...........  ...........  ...........  ............      3,601.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ (5 minutes.)

II. References

    The following reference has been placed on display in the Division
of Dockets Management (see ADDRESSES) and may be seen by interested
persons between 9 a.m. and 4 p.m., Monday through Friday, and are
available electronically at http://regulations.gov.

1. ``Report of the FDA Retail Food Program Database of Foodborne
Illness Risk Factors (2000).'' Available at: http://www.fda.gov/downloads/Food/FoodSafety/RetailFoodProtection/FoodborneIllnessandRiskFactorReduction/RetailFoodRiskFactorStudies/ucm123546.pdf.
2. ``FDA Report on the Occurrence of Foodborne Illness Risk Factors
in Selected Institutional Foodservice, Restaurant, and Retail Food
Store Facility Types (2004).'' Available at: http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/UCM423850.pdf
3. ``FDA Report on the Occurrence of Foodborne Illness Risk Factors
in Selected Institutional Foodservice, Restaurant, and Retail Food
Store Facility Types (2009).'' Available at: http://www.fda.gov/downloads/Food/FoodSafety/RetailFoodProtection/FoodborneIllnessandRiskFactorReduction/RetailFoodRiskFactorStudies/UCM224682.pdf.
4. FDA National Retail Food Team. ``FDA Trend Analysis Report on the
Occurrence of Foodborne Illness Risk Factors in Selected
Institutional Foodservice, Restaurant, and Retail Food Store
Facility Types (1998-2008).'' Available at: http://www.fda.gov/downloads/Food/FoodSafety/RetailFoodProtection/FoodborneIllnessandRiskFactorReduction/RetailFoodRiskFactorStudies/UCM224152.pdf.
5. FDA Food Code. Available at: http://www.fda.gov/FoodCode.

    Dated: December 8, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-29478 Filed 12-16-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48334-48336]
[FR Doc No: 2013-19087]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 95

[Docket No. DOT-OST-2013-0015]
RIN 2105-AE22

Advisory Committees (RRR)

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

ACTION: Final rule.

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SUMMARY: This final rule removes DOT's advisory committee regulations.
The DOT is removing the regulations because they have been made
obsolete by other laws, regulations, and agency procedures.

DATES: This rule is effective August 8, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney-Advisor,
Office of General Counsel, 1200 New Jersey Avenue SE., Washington, DC
20590. She may also be reached by telephone at<PHONE_NUMBER> or by email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On January 12, 1968, the Department
published a final rule to provide uniform regulations at 49 CFR part
95, relating to the formation and use of advisory committees. See 33 FR
466. Among its major provisions, part 95 set forth regulations
governing the use of advisory committees, industry advisory committees,
committee meetings, and conflicts of interest. This rule was published
pursuant to Executive Order 11007, dated February 26, 1962, which
prescribed general rules for the formation and use of advisory
committees by departments and agencies of the Government, and
authorized Department heads to prescribe additional regulations
consistent with the order. Part 95 was amended 4 months after its
issuance to allow the Secretary of Transportation, or his or her
designee, to waive the requirements relating to the chairmanship of
industry committees under certain circumstances.\1\
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    \1\ 33 FR 6913 (May 8, 1968) (amending 49 CFR 95.11 to provide
authority for the Secretary of Transportation or his or her designee
to waive the requirements of Sec.  95.11(b) relating to the
chairmanship of industry advisory committees whenever compliance
with those requirements would interfere with the proper functioning
of the committee or would be impracticable, adequate provisions are
made to otherwise ensure Government control of the committee's
operation, the waiver would be in the public interest, and the
meetings of the committee would be conducted in the presence of a
full-time salaried officer or employee of the Government).
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    Since the issuance of part 95, the universe surrounding advisory
committees has changed in several notable ways. Executive Order 11007
has been superseded.\2\ Congress passed the Federal Advisory Committee
Act of 1972 (FACA) (Pub. L. 92-463; 5 U.S.C. App. 2). The FACA
formalizes a process for the establishment, operation, oversight, and
termination of Federal advisory committees. To further transparency in
Government, Congress passed the Government in the Sunshine Act of
1976.\3\ The Act applies to Federal advisory committees \4\ and
specifies situations when Federal agencies can close Federal advisory
committee meetings to the public.\5\ Additionally, DOT issued a
departmental order that sets forth internal policies and procedures
relating to committee management.\6\ Subsequently, Executive Order
12024 delegated to the Administrator of the General Services
Administration (GSA) all of the functions vested in the President by
FACA.\7\ The GSA has issued regulations relating to Federal advisory
committees, which were most recently amended in 2001.\8\
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    \2\ See Exec. Order No. 11,769 (1974); Exec. Order No. 11,686
(1972); Exec. Order No. 11,671 (1972).
    \3\ 5 U.S.C. 552b.
    \4\ 5 U.S.C. 552b(a).
    \5\ 5 U.S.C. 552b(c).
    \6\ DOT Order 1120.3B (Sept. 23, 1993).
    \7\ Exec. Order No. 12,024 (Dec. 1, 1977). The Reorganization
Plan of 1977 transferred advisory committee functions from OMB to
GSA.
    \8\ 66 FR 37728 (July 19, 2001) (amending GSA's Federal advisory
committee regulations at 41 CFR parts 101-6 and 102-3).
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    Notwithstanding these changes, our departmental regulations
governing advisory committees have substantively remained unchanged
since their early amendment in 1968.\9\ As a result, these regulations
are now obsolete, unnecessary, duplicative, or inconsistent with FACA's
progeny. We are removing part 95 because the current body of law (e.g.,
FACA, GSA regulations, DOT Order 1120.3B) governing the use and
management of Federal advisory committees are sufficient. Revising part
95 would only result in unnecessary duplication that would simply
reiterate the provisions found in other law.
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    \9\ Part 95 was updated twice after 1968. See 35 FR 5331 (March
31, 1970) (adding the Urban Mass Transportation Administration
(UMTA) and National Highway Safety Board (NHSB); 36 FR 431 (January
13, 1971) (updating part 95 to reflect the abolishment of NHSB and
the establishment of the National Highway Traffic Safety
Administration). However, part 95 has not since been updated to
replace UMTA with the Federal Transit Administration and Federal
Motor Carrier Safety Administration. In addition, part 95 has also
not been updated to show that the U.S. Coast Guard is no longer
housed in DOT or to add the Maritime Administration, Pipeline and
Hazardous Materials Safety Administration, and Research and
Innovative Technology Administration.
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    Under the Administrative Procedure Act, an agency may waive the
normal notice and comment procedures if the action is a rule of agency
organization, procedure, or practice. See 5 U.S.C. 553(b)(3)(A). Since
part 95 contains obsolete departmental procedures relating to advisory
committees, notice and comment is not necessary. For the same reason,
the rule can become effective immediately. See 5 U.S.C. 553(d)(1).

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    The DOT has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, and
within the meaning of DOT's regulatory policies and procedures. Since
this rulemaking removes obsolete regulations relating to departmental
procedure and practice, the DOT anticipates that this rulemaking will
have no economic impact.
    Additionally, this action fulfills the principles of Executive
Order 13563, specifically those relating to retrospective analyses of
existing rules. This rule is being issued as a result of the reviews of
existing regulations that DOT periodically conducts. The DOT is
streamlining its regulations by removing a rule that is outmoded and
ineffective.

Regulatory Flexibility Act

    Since notice and comment rulemaking is not necessary for this rule,
the provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5
U.S.C. 601-612) do not apply. However, DOT has evaluated the effects of
this action on small entities and has determined that the action would
not have a significant economic impact on a substantial number of small
entities because it has no substantive impact on any entities.

Unfunded Mandates Reform Act of 1995

    This final rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48,
March 22, 1995) as it will not result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $148.1 million or more in any 1 year (2 U.S.C. 1532).

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to ensure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have 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. This action has been analyzed in
accordance with the principles and criteria contained in Executive
Order 13132, dated August 4,

1999, and the DOT has determined that this action would not have a
substantial direct effect or federalism implications on the States and
would not preempt any State law or regulation or affect the States'
ability to discharge traditional State governmental functions.
Therefore, consultation with the States is not necessary.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget for each collection of information they conduct,
sponsor, or require through regulations. The DOT has analyzed this
final rule under the PRA and has determined that this rule does not
contain collection of information requirements for the purposes of the
PRA.

National Environmental Policy Act

    The DOT has analyzed this action for the purpose of the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.),
and has determined that this action would not have any effect on the
quality of the environment.

Executive Order 13175 (Tribal Consultation)

    The DOT has analyzed this action under Executive Order 13175 and
believes that the action would not have substantial direct effects on
one or more Indian tribes; would not impose substantial direct
compliance costs on Indian tribal governments; and would not preempt
tribal laws. Therefore, a tribal summary impact statement is not
required.

Executive Order 13211 (Energy Effects)

    The DOT has analyzed this action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The DOT has determined that this is not a
significant energy action under that order since it is not a
significant regulatory action under Executive Order 12866 and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required.

List of Subjects in 49 CFR Part 95

    Advisory committees.

    Issued on: July 25, 2013.
Anthony R. Foxx,
Secretary.
    For the reasons stated in the preamble and under the authority of
49 U.S.C. 322, the Office of the Secretary amends 49 CFR by removing
and reserving part 95.

PART 95--[REMOVED AND RESERVED]

[FR Doc. 2013-19087 Filed 8-7-13; 8:45 am]
BILLING CODE 4910-9X-P