[Federal Register: July 2, 2007 (Volume 72, Number 126)]
[Notices]
[Page 36081-36082]
[DOCID:fr02jy07-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55963; File No. SR-Amex-2007-38]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Preferred Stock
Voting Rights

June 26, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 20, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') 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 substantially prepared by the
Amex. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
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    \1\Sec.  15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the minimum voting rights to be
provided to preferred shareholders in order for a preferred stock issue
to list on the Amex. The text of the proposed rule change is available
at the Amex, on the Amex's Web site at http://amex.com, and at the

Commission's Public Reference Room.

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

    In its filing with the Commission, the Amex included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Amex has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Section 124, ``Preferred Voting Rights,'' of the Company Guide sets
forth the minimum voting rights an issuer must provide to holders of
preferred stock in order for a preferred stock issue to be approved for
listing on the Amex. Currently, the Exchange may decline to list a
preferred stock issue unless the preferred shareholders have the right,
voting as a class, to vote on any change in the rights, privileges or
preferences of their preferred shares and/or the creation of any
additional class of preferred stock senior to or equal in preference to
their preferred shares. Additionally, any such change in the rights,
privileges or preferences of preferred shares and/or creation of an
additional class of senior preferred stock must be approved by at least
two-thirds of the preferred shareholders, and any creation of an
additional class of preferred stock equal in preference must be
approved by at least a majority of the preferred shareholders.
    The Exchange now proposes amendments to the minimum preferred
voting rights required for listing in order to provide additional
flexibility to issuers of preferred stock and to make the requirements
more consistent with those of the New York Stock Exchange LLC
(``NYSE'').\3\
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    \3\ Section 313.00(C) of the NYSE Listed Company Manual.
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    (i) Alteration of Existing Provisions. The Exchange proposes to
amend paragraph (i) of Section 124(b) to specify that: (A) Holders of
at least two-thirds of the outstanding shares of a preferred stock
issue should be required to approve any charter or by-law amendment
that would materially affect existing terms of the preferred stock; and
(B) if all series of a class of preferred stock are not equally
affected by a proposed change to the terms of the preferred stock, two-
thirds approval of both the class and the series to be affected by the
proposed change should be required to authorize such change. The
Exchange also proposes to require that an issuer's charter not hinder
preferred shareholders' right to alter the terms of their stock by
limiting modification to specific items, e.g., interest rate,
redemption price.
    (ii) Creation of a Senior Issue. The Exchange proposes to amend
paragraph (ii) of Section 124(b) to provide that: (A) A vote by an
existing series of preferred stock is not required for the board of
directors of an issuer to create a senior series if shareholders
authorized such action when the existing series was created; and (B) a
vote by an existing class is not required for the creation of a senior
issue if the existing class received adequate notice of redemption to
occur within 90 days and the existing issue is not being retired with
proceeds from the sale of the new issue.
    (iii) Increase in Authorized Amount or Creation of a Pari Passu
Issue. The Exchange proposes to provide in new paragraph (iii) of
Section 124(b) that an increase in the authorized amount of a class of
preferred stock or the creation of a pari passu issue is required to be
approved by a majority of the outstanding shares of the class or
classes to be affected by such change. A majority vote would not,
however, be required if, at the time a class of preferred stock was
created, the preferred shareholders gave the board of directors the
authority to increase the authorized amount of a series of preferred
stock or create an additional series of preferred stock equal in
preference.
    The Exchange believes that by enabling preferred stock issuers to
obtain in advance the shareholder authorization required for future
creations of senior or pari passu series and/or increases in authorized
amounts of a series, their capital raising processes will be less
restricted. In addition, the proposed rule change will align preferred
voting rights with current market practices. Shareholders purchasing
affected preferred shares will be put on notice, either at the time of
the initial offering or subsequently, that the board of directors has
such authority. Moreover, preferred shareholders will still retain
important voting rights, particularly in the case of dividend defaults,
and will still be protected against adverse corporate actions pursuant
to applicable state law.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\4\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\5\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-38 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-38. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Amex-2007-38 and should be submitted on or before July 23, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-12742 Filed 6-29-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Proposed Rules]
[Page 53164]
[FR Doc No: 2012-21585]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2008-0059, Notice No. 6]
RIN 2130-AC37

Railroad Workplace Safety; Adjacent-Track On-Track Safety for
Roadway Workers

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Petitions for reconsideration; response status.

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SUMMARY: This document provides notice that, due to the complex issues
raised in both the petitions for reconsideration of the final rule
published November 30, 2011, and the comments received on the
petitions, FRA continues to formulate an appropriate response to the
petitions and comments. FRA's response will be published as soon as
practicable and will be filed in the same docket.

FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track
Division, Office of Safety Assurance and Compliance, FRA, 1200 New
Jersey Avenue SE., RRS-15, Mail Stop 25, Washington, DC 20590
(telephone<PHONE_NUMBER>); or Anna Winkle, Trial Attorney, Office of
Chief Counsel, FRA, 1200 New Jersey Avenue SE., RCC-12, Mail Stop 10,
Washington, DC 20590 (telephone<PHONE_NUMBER> or<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: On November 30, 2011, FRA published a final
rule concerning adjacent-track on-track safety for roadway workers. See
Docket No. FRA-2008-0059, Notice No. 4 at 76 FR 74586. In response, FRA
received two petitions for reconsideration (Petitions) that raised
substantive issues. One of the Petitions included a request for a delay
in the effective date of the final rule until July 1, 2013.
    On March 8, 2012, FRA published a final rule delaying the effective
date of the November 30, 2011, final rule until July 1, 2013, and
establishing a 60-day comment period in order to permit interested
parties an opportunity to respond to the Petitions. See 77 FR 13978.
FRA received five comments on the Petitions, some of which raise
additional substantive issues or provide further detailed information
on the issues already raised. The Petitions and comments on the
Petitions are available for review in the docket for this rulemaking,
and have been assigned identification numbers of FRA-2008-0059-0031 and
FRA-2008-0059-0032, for the Petitions, and identification numbers of
FRA-2008-0059-0034, FRA-2008-0059-0035, FRA-2008-0059-0036, FRA-2008-
0059-0037, and FRA-2008-0059-0038, for the comments on the Petitions.
    Due to the complex issues raised and extensive estimates provided
in the Petitions and comments, FRA continues to formulate an
appropriate response. FRA's response to the Petitions and comments will
be published as soon as practicable and will be filed in the same
docket.

    Issued in Washington, DC, on August 27, 2012.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2012-21585 Filed 8-30-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5197-5199]
[FR Doc No: 2018-02282]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0020]
RIN 1625-AA87

Security Zone; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Choptank River. This action is
necessary to prevent waterside threats before, during, and after an
event held at the Hyatt Regency Chesapeake Bay Golf Resort, Spa and
Marina in Cambridge, MD, during February 7-9, 2018. This rule prohibits
vessels and persons from entering the security zone and requires
vessels and persons in the security zone to depart the security zone,
unless specifically exempt under the provisions in this rule or granted
specific permission from the Coast Guard Captain of the Port Maryland-
National Capital Region or his designated representative.

DATES: This rule is effective from noon on February 7, 2018, through 1
p.m. on February 9, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0020 in the ``SEARCH'' box, and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, Sector Maryland-National Capital
Region Waterways Management Division, U.S.

Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a comment period for this rulemaking due to the short
time period between event planners notifying the Coast Guard of the
event and publication of this security zone. It is necessary for the
Coast Guard to establish this security zone for this event to ensure
the appropriate level of protection for high-ranking United States
officials and the public. Delaying the rulemaking to allow for
opportunity for comment would be contrary to the security zone's
intended objectives of protecting the high-ranking United States
officials and the public, as it would introduce vulnerability to the
safety and security of high-ranking United States officials and the
general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest for the same reasons
discussed above for forgoing notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Maryland-National Capital Region has determined that a
security zone is needed to protect VIPS (very important persons) and
the public, mitigate potential terrorist acts, and enhance public and
maritime safety and security in order to safeguard life, property, and
the environment on or near the navigable waters near the Hyatt Regency
Chesapeake Bay Golf Resort, Spa and Marina in Cambridge, MD.

IV. Discussion of the Rule

    An event will be held at the Hyatt Regency Chesapeake Bay Golf
Resort, Spa and Marina in Cambridge, MD, during February 7-9, 2018. A
gathering of high-ranking U.S. officials is expected to take place at
this event at Cambridge, MD. This rule establishes a security zone from
noon on February 7, 2018, through 1 p.m. on February 9, 2018. The
security zone will include all navigable waters of the Choptank River,
within 2,000 yards of the Hyatt Regency Chesapeake Bay Golf Resort, Spa
and Marina's Breakwater Pavilion, in position latitude 38[deg]33'54''
N, longitude 076[deg]02'47'' W, located in Cambridge, MD. This location
is entirely within the Area of Responsibility of the Captain of the
Port Maryland-National Capital Region, as set forth at 33 CFR 3.25-15.
    Entry into this security zone is prohibited, unless specifically
authorized by the COTP Maryland-National Capital Region. Except for
public vessels and vessels already at berth, mooring, or at anchor,
this rule temporarily requires all vessels in the designated security
zone as defined by this rule to immediately depart the security zone.
Coast Guard personnel will be present to prevent the movement of
unauthorized persons into the zone. Federal, state, and local agencies
may assist the Coast Guard in the enforcement of this rule. The Coast
Guard will issue Broadcast Notices to Mariners to further publicize the
security zone and notify the public of changes in the status of the
zone. Such notices will continue until the event is complete.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below, we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, and duration of the security zone. This security zone will
impact the waters affected by this rule during an enforcement period of
approximately two days. Due to the time of year, the amount of vessel
traffic that will be prohibited from accessing the security zone is
expected to be minimal. In addition, notifications will be made to the
maritime community via marine information broadcasts so mariners may
adjust their plans accordingly. Such notifications will be updated as
necessary to keep the maritime community informed of the status of the
security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (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
security zone that is 49 hours in duration and is necessary to provide
security for high-ranking U.S. officials and the public. It is
categorically excluded from further review under paragraph L60(a) of
Figure 2-1 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0020 to read as follows:

Sec.  165.T05-0020  Security Zone; Choptank River, Cambridge, MD.

    (a) Location. The following area is a security zone: All navigable
waters of the Choptank River, within 2,000 yards of the Hyatt Regency
Chesapeake Bay Golf Resort, Spa and Marina's Breakwater Pavilion, in
position latitude 38[deg]33'54'' N, longitude 076[deg]02'47'' W,
located in Cambridge, MD. Coordinates refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    Captain of the Port means the Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the
security zone described in paragraph (b) of this section.
    Public vessel means a vessel that is owned or demise-(bareboat)
chartered by the government of the United States, by a state or local
government, or by the government of a foreign country and that is not
engaged in commercial service.
    (c) Regulations. The general security zone regulations found in 33
CFR part 165 subpart D apply to the security zone created by this
section.
    (1) Entry into or remaining in this zone is prohibited unless
authorized by the Captain of the Port (COTP). Public vessels and
vessels already at berth, mooring, or anchor at the time the security
zone is implemented do not have to depart the security zone. All
vessels underway within this security zone at the time it is
implemented are to depart the zone.
    (2) Persons desiring to transit the area of the security zone must
first obtain authorization from the COTP or designated representative.
To request permission to transit the area, the COTP and or designated
representatives can be contacted at telephone number<PHONE_NUMBER> or on
Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be contacted on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). If permission is granted, persons and
vessels must comply with the instructions of the COTP or designated
representative and proceed as directed while within the zone.
    (3) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the zone by Federal, State, and local
agencies.
    (d) Enforcement period. This section will be enforced from noon on
February 7, 2018, through 1 p.m. on February 9, 2018.

    Dated: January 31, 2018.
Lonnie P. Harrison, Jr.
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2018-02282 Filed 2-5-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]
[Page 25874-25875]
[DOCID:fr10my10-69]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1907-DR; Docket ID FEMA-2010-0002]

North Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Dakota (FEMA-1907-DR), dated April 30,
2010, and related determinations.

DATES: Effective Date: April 30, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 30, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of North Dakota resulting from flooding beginning on February 26,
2010, and continuing, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of North Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Justo Hern[aacute]ndez, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of North Dakota have been
designated as adversely affected by this major disaster:

    Barnes, Benson, Cass, Dickey, Emmons, Foster, Grand Forks,
LaMoure, Logan, Mercer, Morton, Nelson, Pembina, Ramsey, Ransom,
Richland, Sargent, Steele, Stutsman, Traill, Walsh, and Wells
Counties and the portions of the Spirit Lake Reservation that lie
within these counties for Public Assistance.
    All counties and Tribes within the State of North Dakota are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10936 Filed 5-7-10; 8:45 am]
BILLING CODE 9111-23-P