[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55396-55397]
[FR Doc No: 2011-22857]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0627]

Agency Information Collection Activities; Proposed Collection;
Comment Request; General Administrative Procedures: Citizen Petitions;
Petition for Reconsideration or Stay of Action; Advisory Opinions

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,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the reporting requirements
contained in existing FDA regulations regarding the general
administrative procedures for a person to petition the Commissioner of
Food and Drugs (the Commissioner) to issue, amend, or revoke a rule; to
file a petition for an administrative reconsideration or an
administrative stay of action; and to request an advisory opinion from
the Commissioner.

DATES: Submit either electronic or written comments on the collection
of information by November 7, 2011.

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: Ila S. Mizrachi, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><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, including
each proposed extension of an existing 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.

General Administrative Procedures: Citizen Petitions; Petition for
Reconsideration or Stay of Action; Advisory Opinions--(OMB Control
Number 0910-0183)--Extension

    The Administrative Procedures Act (5 U.S.C. 553(e)), provides that
every Agency shall give an interested person the right to petition for
issuance, amendment, or repeal of a rule. Section 10.30 (21 CFR 10.30)
sets forth the format and procedures by which an interested person may
submit to FDA, in accordance with Sec.  10.20 (21 CFR 10.20)
(submission of documents to Division of Dockets Management), a citizen
petition requesting the Commissioner to issue, amend, or revoke a
regulation or order, or to take or refrain from taking any other form
of administrative action.
    The Commissioner may grant or deny such a petition, in whole or in
part, and may grant such other relief or take other action as the
petition warrants. Respondents are individuals or households, State or
local governments, not-for-profit institutions or groups.
    Section 10.33 (21 CFR 10.33) issued under section 701(a) of the
Federal, Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
371(a)), sets forth the format and procedures by which an interested
person may request reconsideration of part or all of a decision of the
Commissioner on a petition submitted under 21 CFR 10.25 (initiation of
administrative proceedings). A petition for reconsideration must
contain a full statement in a well-organized format of the factual and
legal grounds upon which the petition relies. The grounds must
demonstrate that relevant information and views contained in the
administrative record were not previously or not adequately considered
by the Commissioner. The respondent must submit a petition no later
than 30 days after the decision involved. However, the Commissioner
may, for good cause, permit a petition to be filed after 30 days. An
interested person who wishes to rely on information or views not
included in the administrative record shall submit them with a new
petition to modify the decision. FDA uses the information provided in
the request to determine whether to grant the petition for
reconsideration. Respondents to this collection of information are
individuals of households, State or local governments, not-for-profit
institutions, and businesses or other for-profit institutions who are
requesting from the Commissioner a reconsideration of a matter.
    Section 10.35 (21 CFR 10.35), issued under section 701(a) of the
FD&C Act, sets forth the format and procedures by which an interested
person may request, in accordance with Sec.  10.20 (submission of
documents to Division of Dockets Management), the Commissioner to stay
the effective date of any administrative action.
    Such a petition must do the following: (1) Identify the decision
involved; (2) state the action requested, including the

length of time for which a stay is requested; and (3) include a
statement of the factual and legal grounds on which the interested
person relies in seeking the stay. FDA uses the information provided in
the request to determine whether to grant the petition for stay of
action.
    Respondents to this information collection are interested persons
who choose to file a petition for an administrative stay of action.
    Section 10.85 (21 CFR 10.85), issued under section 701(a) of the
FD&C Act sets forth the format and procedures by which an interested
person may request, in accordance with Sec.  10.20 (submission of
documents to Division of Dockets Management), an advisory opinion from
the Commissioner on a matter of general applicability. An advisory
opinion represents the formal position of FDA on a matter of general
applicability. When making a request, the petitioner must provide a
concise statement of the issues and questions on which an opinion is
requested, and a full statement of the facts and legal points relevant
to the request. Respondents to this collection of information are
interested persons seeking an advisory opinion from the Commissioner on
the Agency's formal position for matters of general applicability.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR Section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
10.30...........................             207               1             207              24           4,968
10.33...........................               4               1               4              10              40
10.35...........................               5               1               5              10              50
10.85...........................               4               1               4              16              64
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           5,122
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates for this collection of information are based
on Agency records and experience over the past 3 years. In 2010, FDA
received approximately 207 petitions (Sec.  10.30), 4 administrative
reconsiderations of action (Sec.  10.33), 5 administrative stays of
action (Sec.  10.35), and 4 advisory opinions (Sec.  10.85).

    Dated: August 30, 2011.
David Dorsey,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2011-22857 Filed 9-6-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Page 64232]
[FR Doc No: 2013-25333]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Notice of Adjustment of Statewide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: FEMA gives notice that the statewide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2013, will be increased.

DATES: Effective Date: October 1, 2013, and applies to major disasters
declared on or after October 1, 2013.

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

SUPPLEMENTARY INFORMATION: 44 CFR 206.48 provides that FEMA will adjust
the statewide per capita impact indicator under the Public Assistance
program to reflect changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
    FEMA gives notice that the statewide per capita impact indicator
will be increased to $1.39 for all disasters declared on or after
October 1, 2013.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 1.5 percent for the 12-month period
ended in August 2013. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 17, 2013.

    Catalog of Federal Domestic Assistance No. 97.036, Disaster
Grants--Public Assistance (Presidentially Declared Disasters).

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-25333 Filed 10-25-13; 8:45 am]
BILLING CODE 9111-23-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 5, 2005

      NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7924

________________________________________________________________________
____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  US Airways, Inc. filed 12/17/2004 to:

XX   Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States and a point or points in
Belgium, and beyond.  US Airways also requests the right to integrate
this authority with its other existing certificate and exemption
authority.  US Airways states that it currently offers service in this
market through codesharing.

No answers were filed to the application.

Applicant rep:   Howard Kass<PHONE_NUMBER>   DOT Analyst:  Linda Senese
(202) 366-2367

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   January 5, 2005, through
January 5, 2007.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Belgium.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity

	    XX  Standard exemption conditions (attached)

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of this route integration authority should be construed as conferring
upon US Airways’ rights (including fifth-freedom intermediate and/or
beyond

(See Reverse Side)

2

rights) to serve markets where U.S. carrier entry is limited unless US
Airways notifies the Department of its intent to serve such a market and
unless and until the Department has completed any necessary carrier
selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and

(b) should there be a request by any carrier to use the limited-entry
route rights that are included in US Airways’ authority by virtue of
the route integration exemption granted here, but that are not then
being used by US Airways, the holding of such authority by route
integration will not be considered as providing any preference for US
Airways in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

The authority granted to serve beyond points is limited to countries
with which the United States has signed open-skies agreements and/or
countries for which US Airways holds authority to serve under
certificates and exemptions issued by the Department, and for which it
holds route integration authority by virtue of either the present action
or other action of the Department.

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

________________________________________________________________________
_____________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

U.S. Carrier Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security, including, but not limited to 49 CFR
Part 1544.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) to or from a foreign
airport, contact its International Principal Security Inspector (IPSI)
to advise the IPSI of its plans and to find out whether the
Transportation Security Administration has determined that security is
adequate to allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										05/2004


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71864-71866]
[FR Doc No: 2015-29214]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76415; File No. SR-ISE-2015-36]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to a Corporate
Transaction Involving Its Indirect Parent

November 10, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 30, 2015, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') 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 the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to remove Eurex Frankfurt AG (``Eurex
Frankfurt'') as an indirect, non-U.S. upstream owner of the Exchange
(the ``Transaction''). In order to consummate the Transaction, the
Exchange proposes to: (i) Amend and restate the Third Amended and
Restated Trust Agreement (the ``Trust Agreement'') that exists among
International Securities Exchange Holdings, Inc. (``ISE Holdings''),
U.S. Exchange Holdings, Inc. (``U.S. Exchange Holdings''), and the
Trustees (as defined therein) in order to remove references to Eurex
Frankfurt; and (ii) amend and restate the Third Amended and Restated
Certificate of Incorporation of U.S. Exchange Holdings (``U.S. Exchange
Holdings COI'') to update a reference therein to the Trust Agreement.
    The text of the proposed rule change is available at the
Commission's Public Reference Room and on the Exchange's Internet Web
site at http://www.ise.com.

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

    In its filing with the Commission, the self-regulatory organization
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 self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposal is to remove Eurex Frankfurt as an
indirect, non-U.S. upstream owner of the Exchange.\3\
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    \3\ The Exchange's affiliate, ISE Gemini, LLC (``ISE Gemini''),
has submitted a nearly identical proposed rule change. See SR-
ISEGemini-2015-24.
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Background
    On December 17, 2007, ISE Holdings, the sole, direct parent of the
Exchange, became a direct, wholly-owned subsidiary of U.S. Exchange
Holdings.\4\ U.S. Exchange Holdings is 85% directly owned by Eurex
Frankfurt and 15% directly owned by Deutsche B[ouml]rse AG (``Deutsche
B[ouml]rse''). Eurex Frankfurt is a wholly-owned, direct subsidiary of
Deutsche B[ouml]rse.\5\ Deutsche B[ouml]rse therefore owns 100% of U.S.
Exchange Holdings through its aggregate direct and indirect ownership.
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    \4\ See Securities Exchange Act Release No. 56955 (December 13,
2007), 72 FR 71979 (December 19, 2007) (SR-ISE-2007-101).
    \5\ See Securities Exchange Act Release No. 66834 (April 19,
2012), 77 FR 24752 (April 25, 2012) (SR-ISE-2012-21). Each of
Deutsche B[ouml]rse and Eurex Frankfurt is referred to as a ``Non-
U.S. Upstream Owner'' and collectively as the ``Non-U.S. Upstream
Owners.'' Each of the Non-U.S. Upstream Owners has previously taken
appropriate steps to incorporate provisions regarding ownership,
jurisdiction, books and records, and other issues related to their
control of the Exchange. Specifically, each of the Non-U.S. Upstream
Owners has adopted resolutions, which were previously approved by
the Commission, to incorporate these concepts with respect to
itself, as well as its board members, officers, employees, and
agents (as applicable), to the extent that they are involved in the
activities of the Exchange. See also SR-ISE-2007-101, supra note 4.
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The Transaction
    The Transaction is designed to simplify the indirect ownership
structure of the Exchange.\6\ The Transaction will not have any effect
on ISE Holdings' direct ownership of the Exchange or the operations of
the Exchange. Consummation of the Transaction is subject to approval of
this proposed rule change by the Commission.\7\ In order to effectuate
the Transaction, on or about December 31, 2015, Eurex Frankfurt will
transfer its 85% ownership in U.S. Exchange Holdings to Deutsche
B[ouml]rse.\8\ As a result of the Transaction, Eurex Frankfurt will
cease to be a Non-U.S. Upstream Owner of the Exchange, as Deutsche
B[ouml]rse will be the sole, direct owner of U.S. Exchange Holdings.\9\
U.S. Exchange Holdings will remain the sole, direct owner of ISE
Holdings. ISE Holdings will also remain the sole, direct owner of the
Exchange. The Transaction will not result in any additional person or
entity acquiring direct or indirect ownership in the Exchange.
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    \6\ In 2014 the Exchange submitted a proposed rule change with
the Commission to similarly simplify the indirect ownership
structure of the Exchange. See Securities Exchange Act Release No.
73860 (December 17, 2014), 79 FR 77066 (December 23, 2014) (SR-ISE-
2014-44).
    \7\ See infra notes 15 and 16.
    \8\ As referenced above, Deutsche B[ouml]rse is already the 100%
indirect owner of Eurex Frankfurt. In addition, Deutsche B[ouml]rse
also is already an approved Non-U.S. Upstream Owner of the Exchange.
See supra note 5.
    \9\ In connection with each of their ownership interests in the
Exchange, Deutsche B[ouml]rse, Eurex Frankfurt, U.S. Exchange
Holdings, ISE Holdings and the Exchange became parties to an
agreement to provide for adequate funding for the Exchange's
regulatory responsibilities. ISE Gemini subsequently became a party
to the agreement. Following the completion of the Transaction, Eurex
Frankfurt will cease to be a Non-U.S. Upstream Owner of the
Exchange, and as such, will no longer be a party to such agreement.
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    In order to consummate the Transaction in the manner described
above, certain administrative amendments will need to be made to the
Trust Agreement and the U.S. Exchange Holdings COI. The proposed
amendments to such documents are described below.
Trust Agreement \10\
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    \10\ The Trust Agreement exists among ISE Holdings, U.S.
Exchange Holdings, and the Trustees (as defined therein).
---------------------------------------------------------------------------

    The Trust Agreement serves four general purposes: (i) To accept,
hold and dispose of Trust Shares \11\ on the terms and subject to the
conditions set forth therein; (ii) to determine whether a Material
Compliance Event \12\ has

occurred or is continuing; (iii) to determine whether the occurrence
and continuation of a Material Compliance Event requires the exercise
of the Call Option; \13\ and (iv) to transfer Deposited Shares from the
Trust to the Trust Beneficiary \14\ as provided in Section 4.2(h)
therein.
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    \11\ Under the Trust Agreement, the term ``Trust Shares'' means
either Excess Shares or Deposited Shares, or both, as the case may
be. The term ``Excess Shares'' means that a Person obtained an
ownership or voting interest in ISE Holdings in excess of certain
ownership and voting restrictions pursuant to Article FOURTH of the
ISE Holdings COI, through, for example, ownership of one of the Non-
U.S. Upstream Owners or U.S. Exchange Holdings, without obtaining
the approval of the Commission. The term ``Deposited Shares'' means
shares that are transferred to the Trust pursuant to the Trust's
exercise of the Call Option.
    \12\ Under the Trust Agreement, the term ``Material Compliance
Event'' means, with respect to a Non-U.S. Upstream Owner, any state
of facts, development, event, circumstance, condition, occurrence or
effect that results in the failure of any of the Non-U.S. Upstream
Owners to adhere to their respective commitments under the
resolutions (i.e., as referenced in note 5) in any material respect.
    \13\ Under the Trust Agreement, the term ``Call Option'' means
the option granted by the Trust Beneficiary to the Trust to call the
Voting Shares as set forth in Section 4.2 therein.
    \14\ Under the Trust Agreement, the term ``Trust Beneficiary''
means U.S. Exchange Holdings.
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    The Exchange proposes to amend certain provisions of the Trust
Agreement in connection with the Transaction. Specifically, the
Exchange proposes to: (i) Update the recitals of the Trust Agreement
with respect to the Transaction; and (ii) remove references to Eurex
Frankfurt from the definition of ``Affected Affiliate'' in Section 1.1
of the Trust Agreement.\15\ The proposed amendments to the Trust
Agreement are strictly administrative changes to reflect the updated
corporate structure resulting from the Transaction and will not affect
the mechanisms established by the Trust Agreement for the benefit of
the Trust Beneficiary.
---------------------------------------------------------------------------

    \15\ The proposed, amended Trust Agreement is attached hereto as
Exhibit 5A. Section 8.2 of the Trust Agreement provides, in part,
that, for so long as ISE Holdings controls, directly or indirectly,
the Exchange, before any amendment or repeal of any provision of the
Trust Agreement shall be effective, such amendment or repeal shall
be submitted to the board of directors of the Exchange, as
applicable, and if such amendment or repeal must be filed with or
filed with and approved by the Commission under Section 19 of the
Securities Exchange Act of 1934 (the ``Act'') and the rules
promulgated thereunder before such amendment or repeal may be
effectuated, then such amendment or repeal shall not be effectuated
until filed with or filed with and approved by the Commission, as
the case may be. The Exchange also proposes to retitle the Trust
Agreement as the ``Fourth'' Amended and Restated Trust Agreement and
update the date thereof.
---------------------------------------------------------------------------

U.S. Exchange Holdings COI
    The Exchange proposes to make a non-substantive, administrative
change to the U.S. Exchange Holdings COI to update a reference therein
to the Trust Agreement. Article THIRTEENTH of the U.S. Exchange
Holdings COI contains references to (i) the ``Third Amended and
Restated'' Trust Agreement, which, as discussed herein, will become the
``Fourth Amended and Restated'' Trust Agreement; and (ii) the effective
date of the Trust Agreement, which, as discussed herein, will change to
a date in December 2015 that corresponds to the effective closing date
of the Transaction. The Exchange proposes to update these references.
The Exchange also proposes to retitle the document as the ``Fourth''
Amended and Restated Certificate of Incorporation of U.S. Exchange
Holdings and update the effective date thereof.\16\
---------------------------------------------------------------------------

    \16\ The proposed, amended U.S. Exchange Holdings COI is
attached hereto as Exhibit 5B. Article SIXTEENTH of the U.S.
Exchange Holdings COI provides that, for so long as U.S. Exchange
Holdings shall control, directly or indirectly, the Exchange, or
facility thereof, before any amendment to or repeal of any provision
of the U.S. Exchange Holdings COI shall be effective, the same shall
be submitted to the board of directors of the Exchange, and if the
same must be filed with, or filed with and approved by, the
Commission before the same may be effective, under Section 19 of the
Act and the rules promulgated thereunder, then the same shall not be
effective until filed with, or filed with and approved by, the
Commission, as the case may be.
---------------------------------------------------------------------------

Certain Resolutions
    As described above, each of the Non-U.S. Upstream Owners, including
Eurex Frankfurt, has previously taken appropriate steps to incorporate
provisions regarding ownership, jurisdiction, books and records, and
other issues related to their control of the Exchange. Specifically,
each of such Non-U.S. Upstream Owners has adopted resolutions, which
were previously approved by the Commission, to incorporate these
concepts with respect to itself, as well as its board members,
officers, employees, and agents (as applicable), to the extent that
they are involved in the activities of the Exchange.\17\ For example,
the resolution of each of such Non-U.S. Upstream Owners provides that
it shall comply with the U.S. federal securities laws and the rules and
regulations thereunder and shall cooperate with the Commission and with
the Exchange. In addition, the resolution of each of such Non-U.S.
Upstream Owners provides that the board members, including each person
who becomes a board member, would so consent to comply and cooperate
and the particular Non-U.S. Upstream Owner would take reasonable steps
to cause its officers, employees, and agents to also comply and
cooperate, to the extent that he or she is involved in the activities
of the Exchange.
---------------------------------------------------------------------------

    \17\ See supra notes 4 and 5. See also SR-ISE-2007-101, supra
note 4; SR-ISE-2012-21, supra note 5.
---------------------------------------------------------------------------

    As Eurex Frankfurt will cease to be a Non-U.S. Upstream Owner of
the Exchange after the Transaction, the Exchange proposes that the
resolutions of Eurex Frankfurt, as referenced above, will cease to be
rules of the Exchange as of a date in December 2015 that corresponds to
the effective closing date of the Transaction.\18\
---------------------------------------------------------------------------

    \18\ As referenced above, resolutions in relation to board
members, officers, employees, and agents (as applicable) of Eurex
Frankfurt also would cease accordingly. This proposed change would
have no impact on the resolutions of Deutsche B[ouml]rse or its
board members, officers, employees, and agents (as applicable).
---------------------------------------------------------------------------

Summary
    Upon the consummation of the Transaction the Exchange will continue
to operate and regulate its market and members in the same exact manner
as it did prior to the Transactions. The Transaction will not impair
the ability of ISE Holdings, the Exchange, or any facility thereof, to
carry out their respective functions and responsibilities under the
Act. Moreover, the Transaction will not impair the ability of the
Commission to enforce the Act with respect to the Exchange and its Non-
U.S. Upstream Owners (which will solely be Deutsche B[ouml]rse after
the Transaction), including each of their directors, officers,
employees and agents, to the extent they are involved in the activities
of the Exchange. As such, the Commission's plenary regulatory authority
over the Exchange will not be affected by the approval of this proposed
rule change.
2. Statutory Basis
    The Exchange believes that this proposal is consistent with Section
6(b)of the Act,\19\ in general, and furthers the objectives of Section
6(b)(1) of the Act,\20\ in particular, in that it enables the Exchange
to be so organized as to have the capacity to be able to carry out the
purposes of the Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Act, the rules and regulations thereunder, and
the rules of the Exchange. The Exchange will operate in the same manner
following the Transaction as it operates today. Thus, the Commission
will continue to have plenary regulatory authority over the Exchange,
as is the case currently with the Exchange. The proposed rule change is
consistent with and will facilitate an ownership structure that will
continue to provide the Commission with appropriate oversight tools to
ensure that the Commission will have the ability to enforce the Act
with respect to the Exchange and its Non-U.S. Upstream Owners,
including their directors, officers, employees and agents, to the
extent they are involved in the activities of the Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b).
    \20\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

    The Exchange also believes that this filing furthers the objectives
of Section 6(b)(5) \21\ of the Act because the proposed rule change
would be consistent with and facilitate a governance and regulatory
structure that

is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
Specifically, the Exchange believes that the proposed rule change will
continue to provide the Commission and the Exchange with access to
necessary information that will allow the Exchange to efficiently and
effectively enforce compliance with the Act, as well as allow the
Commission to provide proper oversight, which will ultimately promote
just and equitable principles of trade and protect investors. In
addition, the Exchange believes that the proposed rule change will
continue to preserve the independence of the Exchange's self-regulatory
function and ensure that the Exchange will be able to obtain any
information it needs in order to detect and deter any fraudulent and
manipulative acts in its marketplace and carry out its regulatory
responsibilities under the Act.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Approval of this proposed rule change will enable ISE Holdings to
continue its operations and the Exchange to continue its orderly
discharge of regulatory duties to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
    Finally, the Exchange is not proposing any significant or novel
regulatory issues, nor is it proposing any changes to the Exchange's
operational or trading structure in connection with the Transaction.
Instead, the Exchange represents that the proposed rule change consists
of administrative amendments to the Trust Agreement and the U.S.
Exchange Holdings COI and addresses certain resolutions in relation to
Eurex Frankfurt, which currently is a Non-U.S. Upstream Owner of the
Exchange, but whose status as such will cease as a result of the
Transaction, such that the resolutions will cease to be rules of the
Exchange as they relate to Eurex Frankfurt, and that no changes will be
made to other aspects of the Exchange's organizational documents that
were previously approved by the Commission.

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

    In accordance with Section 6(b)(8) of the Act,\22\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange does not believe that the proposed
rule change implicates any competitive issues. Rather, the Transaction
merely represents a restructuring of indirect ownership interests of
the Exchange, and will not involve the introduction of any new direct
or indirect owners or any entity or individual that would have the
right to direct the actions of the Exchange or vote the shares of the
Exchange. As such, the Exchange believes that the proposal is
consistent with the Act.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2015-36 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-ISE-2015-36. 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 on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices 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-ISE-2015-36, and should be submitted on
or before December 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29214 Filed 11-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43941-43942]
[DOCID:fr29jy08-64]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Blood Products Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Blood Products Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on September 10, 2008, from
8 a.m. to 5:45 p.m. and on September 11, 2008, from 8 a.m. to 3 p.m.
    Location: Hilton Hotel, Washington, DC/Rockville Executive Meeting
Center, 1750 Rockville Pike, Rockville, MD 20852.
    Contact Person: Donald W. Jehn or Pearline K. Muckelvene, Center
for Biologics Evaluation and Research (CBER) (HFM-71), Food and Drug
Administration, 1401 Rockville Pike, Rockville, MD 20852,<PHONE_NUMBER>,
or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-
0572 in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On the morning of September 10, 2008, the Committee will
hear an update on the May 29 to 30, 2008, meeting of the Department of
Health and Human Services Advisory Committee on Blood Safety and
Availability. Following this update, the Committee will discuss
strategies to enhance bacterial safety of 7 day platelets for
transfusion. In the afternoon, the Committee will discuss iron status
in blood donors. On September 11, 2008, the Committee will hear updates
on the following topics: (1)

April 29 to 30, 2008, workshop on hemoglobin based oxygen carriers; (2)
July 10 to 11, 2008, blood establishment computer software conference;
(3) the development of an automated Biologics License Application
submission system; and (4) Draft Guidance for Industry: Re-
qualification Method for Re-entry of Blood Donors Deferred Because of
Reactive Test Results for Antibody to Hepatitis B Core Antigen (Anti-
HBc). Following these updates, the Committee will discuss options for
blood donor screening and re-entry for malaria. FDA intends to make
background material available to the public no later than 2 business
days before the meeting. If FDA is unable to post the background
material on its Web site prior to the meeting, the background material
will be made publicly available at the location of the advisory
committee meeting, and the background material will be posted on FDA's
Web site after the meeting. Background material is available at http://
www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on the year 2008 and
scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
September 2, 2008. Oral presentations from the public will be scheduled
between approximately 10:45 a.m. and 11:30 a.m. and between
approximately 4 p.m. and 4:30 p.m. on September 10, 2008, and between
approximately 9:15 a.m. and 9:45 a.m. and between approximately 1:30
p.m. and 2 p.m. on September 11, 2008. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before August 22, 2008. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by August
25, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Donald W. Jehn or
Pearline K. Muckelvene at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 17, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-17359 Filed 7-28-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12774-12775]
[FR Doc No: 2022-04682]

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DEPARTMENT OF TRANSPORTATION

[Docket Number DOT-OST-2017-0043]

Agency Information Collection Activity: Notice To Continue To
Collect Information: Barrier Failure Reporting in Oil and Gas
Operations on the Outer Continental Shelf

AGENCY: Bureau of Transportation Statistics (BTS), Office of the
Assistant Secretary for Research Technology (OST-R), U.S. Department of
Transportation.

ACTION: 30-Day notice.

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

SUMMARY: The U.S. Department of Transportation (US DOT) BTS published a
60-day comment period Notice 86 FR 58391 on October 21, 2021 seeking
public input to continue the collection of barrier failure data.
Barrier Failure Reporting in Oil and Gas Operations on the Outer
Continental Shelf is a component of BTS's SafeOCS data sharing
framework, that provides a trusted, proactive means for the oil and gas
industry to report sensitive and proprietary safety information, and to
identify early warnings of safety problems and potential issues by
uncovering hidden, at-risk conditions not previously exposed through
analysis of reportable equipment failures and incidents. BTS received
no comments during the 60-day public comment period.

DATES: Comments must be received by April 6, 2022.

ADDRESSES: BTS seeks public comments on its proposed information
collection. Comments should address whether the information will have
practical utility; the accuracy of the estimated burden hours of the
proposed information collection' ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW, Washington, DC 20503, Attention: BTS Desk Officer.

FOR FURTHER INFORMATION CONTACT: Demetra V. Collia, Bureau of
Transportation Statistics, Office of the Assistant Secretary for
Research and Technology, U.S. Department of Transportation, Office of
Safety Data and Analysis (OSDA), RTS-34, E36-302, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; Phone No.<PHONE_NUMBER>; Fax No.
(202) 366-3383; email: [email protected]. Office hours are from
8:30 a.m. to 5 p.m., EST, Monday through Friday, except Federal
holidays.
    Data Confidentiality Provisions: This data collection is protected
under the BTS confidentiality statute (49 U.S.C. 6307 (b)) and the
Confidential Information Protection and Statistical Efficiency Act
(CIPSEA) of 2018 (Pub. L.: 115-435 Foundations for Evidence-Based
Policymaking Act of 2018, Title III.) In accordance with these
confidentiality statutes, only statistical and non-identifying data
will be made publicly available through reports. Further, BTS will not
release to Bureau of Safety and Environment Enforcement (BSEE) or any
other public or private entity any information that might reveal the
identity of individuals or organizations mentioned in SafeOCS reports.

SUPPLEMENTARY INFORMATION:

I. The Data Collection

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35; as
amended) and 5 CFR part 1320 require each Federal agency to obtain OMB
approval to continue an information collection activity. BTS is seeking
OMB approval for the following BTS information collection activity:
    Title: Barrier Failure Reporting in Oil and Gas Operations on the
Outer Continental Shelf.
    OMB Control Number: 2138-0046.
    Type of Review: Approval to Continue to Collect.
    Respondents: BTS has entered a MOU with BSEE to facilitate the
collection of information from respondents identified in the BSEE
notices for OMB Control Number 1014-0028 and OMB Control Number 1014-
0003. Responsibility for establishing the actual scope and burden for
this collection resides with BSEE. This BTS information collection
request does not create any additional burden for respondents. For the
purposes of this collection BTS has identified BSEE as the sole
respondent.
    Number of Respondents: As a request to be authorized repository for
previously collected information, BTS has identified BSEE as the sole
respondent reporting to BTS at the annual frequency of one.
    Estimated Time per Response: 60 minutes.
    Frequency: Once.
    Total Annual Burden: 1 hour.
    BTS has agreed through a Memorandum of Understanding (MOU) with
BSEE to undertake the information collection identified in the
previously approved BSEE notice for OMB Control Number(s) 1014-0028,
expiration 4/30/2019 and the BSEE notice with OMB Control Number 1014-
0003, expiration 8/31/2019, to ensure the confidentiality of
submissions under CIPSEA. The information collection is limited to the
establishment of BTS as an authorized repository. This information
collection request does not create any additional burden for
respondents.

II. Public Participation and Request for Public Comments

    On October 18, 2021, the DOT published a notice in the Federal
Register (86 FR 57744) encouraging interested parties to submit
comments and allowing for a 60-day comment period on the collection
entitled ``Barrier Failure Reporting in Oil and Gas Operations on the
Outer Continental Shelf.'' The comment period closed on December 17,
2021. No comments were submitted to the docket during that time.
    The notice can be viewed at, http://www.regulations.gov, and typing
in the Docket Number 2021-22279. If you do not have access to the
internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the U.S. DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m. Monday through Friday, except Federal holidays.

Privacy Act

    All comments the BTS receives are posted without change to http://www.regulations.gov. 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 DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316), or you may visit
https://www.gpo.gov/fdsys/pkg/FR-2017-03-30/pdf/2017-06272.pdf.

III. Discussion of Public Comments and BTS Responses

    On October 18, 2021 in a Federal Register Notice (86 FR 57744), BTS
announced its intention to request OMB approval for continuing to
collect barrier failure data in oil and gas operations on the Outer
Continental Shelf. BTS received no comments during the 60-day public
comment period.

Demetra V. Collia,
Director, Bureau of Transportation Statistics, Office of Safety Data
and Analysis.
[FR Doc. 2022-04682 Filed 3-4-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Page 20165]
[FR Doc No: 2020-07250]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0634; FRL-10007-66-Region 5]

Air Plan Approval; Indiana; Revisions to NOX SIP Call and CAIR
Rules; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of adverse comments, the Environmental
Protection Agency (EPA) is withdrawing the February 21, 2020, direct
final rule approving a request from the Indiana Department of
Environmental Management (IDEM) to revise the Indiana State
Implementation Plan (SIP).

DATES: The direct final rule published at 85 FR 10064 on February 21,
2020 is withdrawn as of April 10, 2020.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 21, 2020 at 85 FR 10064 the EPA
approved a request from the Indiana Department of Environmental
Management (IDEM) to revise the Indiana State Implementation Plan (SIP)
to incorporate the following: A new rule concerning nitrogen oxide
(NOX) emissions for the ozone season from Electric
Generating Units (EGUs) and large non-EGUs; revisions concerning
NOX emission rate limits for specific source categories; the
repeal of the NOX Budget Trading Program; and the repeal of
the Clean Air Interstate Rule (CAIR) NOX ozone season
trading program. The State of Indiana submitted this revision as a
modification to the SIP on August 27, 2018. In the direct final rule,
EPA stated that if adverse comments were submitted by March 23, 2020,
the rule would be withdrawn and not take effect. On March 23, 2020, EPA
received adverse comments, and, therefore, is withdrawing the direct
final rule. EPA will address the comments in a subsequent final action
based upon the proposed action also published on February 21, 2020 (85
FR 10127). EPA will not institute a second comment period on this
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

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

    Dated: April 1, 2020.
Kurt Thiede,
Regional Administrator, Region 5.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendment to 40 CFR 52.770 published in the Federal
Register on February 21, 2020 (85 FR 10064) on page 10070 is withdrawn
as of April 10, 2020.

[FR Doc. 2020-07250 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71714-71715]
[FR Doc No: 2013-28591]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2013-0128]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Request for extension of a currently approved collection of
information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes one collection of information for which
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before January 28, 2014.

ADDRESSES: Comments must refer to the docket notice numbers cited at
the beginning of this notice and be submitted to Docket Management,
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590 by any of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; US Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
     Hand Delivery/Courier: 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Telephone: 1-800-647-5527.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://www.regulations.gov including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground level of the DOT Building, 1200 New Jersey
Avenue SE., West Building Ground Floor, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Mr. Hisham
Mohamed, NHTSA, 1200 New Jersey Avenue SE., West Building, Room
 W43-437, NVS-131, Washington, DC 20590. Mr. Mohamed's
telephone number is<PHONE_NUMBER>. Please identify the relevant
collection of information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information.
    The OMB has promulgated regulations describing what must be
included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) 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;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including 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.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information:
    Title: 49 CFR part 575.104; Uniform Tire Quality Grading Standard.
    OMB Control Number: 2127-0519.
    Affected Public: All passenger car tire manufacturers and brand
name owners offering passenger car tires for sale in the United States.
    Form Number: The collection of this information uses no standard
form.
    Abstract: Part 575 requires tire manufacturers and tire brand
owners to submit reports to NHTSA regarding the UTQGS grades of all
passenger car tire lines they offer for sale in the United States. This
information is used by consumers of passenger car tires to compare tire
quality in making their purchase decisions. The information is provided
in several different ways to insure that the consumer can readily see
and understand the tire grade: (1) The grades are molded into the
sidewall of the tire so that they can be reviewed on both the new tire
and the old tire that is being replaced; (2) a paper label is affixed
to the tread face of the new tire that provides the grade of that
particular tire line along with an explanation of

the grading system; (3) tire manufacturers provide dealers with
brochures for public distribution listing the grades of all of the
tirelines they offer for sale; and (4) NHTSA compiles the grading
information of all manufacturers' tirelines into a booklet that is
available to the public both in printed form and on the Web site.
    Estimated Annual Burden: NHTSA estimates that a total of 86,780
man-hours are required to write the brochures, engrave the new
passenger car tire molds, and affix the paper labels to the tires.
Based on an average hourly rate of $24 per hour for rubber workers in
the United States, the cost to the manufacturers is $2,082,670 to
perform those items listed above. The largest portion of the cost
burden imposed by the UTQGS program arises from the testing necessary
to determine the grades that should be assigned to the tires. An
average of 125 convoys, driven 7,200 miles each, consisting of four
vehicles and four drivers, are run each year for treadwear testing.
NHTSA estimates it cost $0.60 per vehicle mile including salaries,
overhead and reports. This brings the annual treadwear testing cost to
$2,520,000. For the traction testing, it is estimated that 1,750 tires
are tested annually with an estimated cost of $45,000 for use of the
government test facility. Using a factor of 3.5 times to cover salary
and overhead of test contractors, the estimated cost of traction
testing is $157,500. A separate temperature grade testing for tires is
required, since the test is no longer an extension of the high speed
performance test of 49 CFR Part 571.109, which was previously required
for safety certification. Part 571.109 is replaced by Part 571.139,
which has different test speeds. For the temperature testing, it is
estimated that 1,715 tires are tested annually with an estimated
average cost per test of $454. Therefore, the estimated UTQGS
temperature annual testing is $778,610. Thus, the total estimated cost
for UTQGS testing is $3,456,100. The cost of printing the tread labels
is approximately $28,500,000 and the estimate for printing brochures is
at $3,163,500. This yields a total annual financial burden of
approximately $35,120,000 (approximately $35.1 million) on the tire
manufacturers.
    Estimated Annual Burden to the Government: The estimated annual
cost of UTQGS to the Federal government is $1,278,000. The cost
consists of approximately $152,000 for data management, $730,000 for
enforcement testing, and approximately $396,000 for general
administration of the program.
    Number of Respondents: There are approximately 160 individual tire
brands sold in the United States. The actual number of respondents is
much less than 160 due to company acquisitions, mergers, and in most
cases, the manufacturer will report for the various individual brand
names for which they produce tires. The actual number of respondents is
approximately 45.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-28591 Filed 11-27-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Rules and Regulations]
[Pages 16294-16296]
[FR Doc No: 2011-6876]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0100]
RIN 1625-AA09

Drawbridge Operation Regulation; Buffalo Bayou, Mile 4.3,
Houston, Harris County, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the drawbridge across Buffalo Bayou, mile 4.3, Houston,
Harris County, Texas. The bridge was replaced with a fixed bridge in
1991 and the operating regulation is no longer applicable or necessary.

DATES: This rule is effective March 23, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2011-0100 and are available by
going to http://www.regulations.gov, inserting USCG-2011-0100 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground

Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Jim Wetherington, Bridge Specialist, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory 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), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the drawbridge requiring draw
operations in 33 CFR 117.955(b), was removed and replaced with a fixed
span bridge in 1991. The bridge operator and those transiting in the
vicinity of this bridge have not been governed by the draw operations
since the bridge was removed and replaced. Therefore, the regulation is
no longer applicable and should be removed from publication.
    Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not
required to provide the 30 day notice period before its effective date.
This rule removes the draw operations requirements under 33 CFR
117.955(b), thus removing a regulatory restriction on the public.
Additionally, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been a fixed bridge
for 20 years and this rule only requires an administrative change to
the Federal Register, omitting a regulatory requirement that is no
longer applicable or necessary.

Basis and Purpose

    The drawbridge across Buffalo Bayou, mile 4.3, was removed and
replaced with a fixed bridge in 1991. The elimination of this
drawbridge necessitates the removal of the drawbridge operation
regulation pertaining to this drawbridge.
    The regulation governing the operation of the bridge is found in 33
CFR 117.955(b). The purpose of this rule is to remove the section of 33
CFR 117.955 (b) that refers to the bridge at mile 4.3, from the Code of
Federal Regulations since it governs a bridge that is no longer able to
be opened.

Discussion of Rule

    The Coast Guard is changing the regulation in 33 CFR 117 by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer in existence without
publishing an NPRM. The change removes the section of the regulation
governing the bridge since the bridge has been replaced with a fixed
bridge. This change does not affect vessel operators using the
waterway. Thus, it is not necessary to publish an NPRM.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard does not consider this rule to be ``significant''
under that Order because it is an administrative change and does not
affect the way vessels operate on the waterway.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include (1) small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and (2) governmental jurisdictions with populations of less
than 50,000.
    Since the drawbridge across the Buffalo Bayou, mile 4.3 at Houston,
Texas, has been removed and replaced with a fixed bridge, the
regulation governing draw operations for this bridge is no longer
needed. There is no new restriction or regulation being imposed by this
rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

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

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.

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.

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.

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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

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.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.955 (b) to read as follows:

Sec.  117.955  Buffalo Bayou.

* * * * *
    (b) The draw of the Union Pacific Rail Road Bridge, mile 3.1, need
not be opened to the passage of vessels.

    Dated: March 10, 2011.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2011-6876 Filed 3-22-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Page 17702]
[FR Doc No: 2017-07299]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736

Extension:
    Rule 13e-3 (Schedule 13E-3), OMB Control No. 3235-0007, SEC File
No. 270-1

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 13e-3 (17 CFR 240.13e-3) and Schedule 13E-3 (17 CFR 240.13e-
100)--Rule 13e-3 prescribes the filing, disclosure and dissemination
requirements in connection with a going private transaction by an
issuer or an affiliate. Schedule 13E-3 provides shareholders and the
marketplace with material information concerning a going private
transaction. The information collected permits verification of
compliance with securities laws requirements and ensures the public
availability and dissemination of the collected information. We
estimate that Schedule 13E-3 is filed by approximately 77 issuers
annually and it takes approximately 137.42 hours per response. We
estimate that 25% of the 137.42 hours per response (34.36 hours) is
prepared by the filer for a total annual reporting burden of 2,646
hours (34.36 hours per response x 77 responses).
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: April 6, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07299 Filed 4-11-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44556-44557]
[FR Doc No: 2013-17731]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP13-1080-000]

Chesapeake Energy Marketing, Inc. v. Midcontinent Express
Pipeline LLC; Notice of Complaint

    Take notice that on July 17, 2013, pursuant to sections 4 and 5 of
the Natural Gas Act, 15 U.S.C. 717c and 717d, and Rule 206 of the Rules
of Practice and Procedures of the Federal Energy Regulatory Commission
(Commission), 18 CFR 385.206, Chesapeake Energy Marketing, Inc. (CEMI
or Complainant), filed a complaint against Midcontinent Express
Pipeline LLC (MEP or Respondent), alleging that (1) the interpretation
and application of the existing language of MEP's FERC Gas tariff is
incorrect, unjust, and unreasonable, and (2) request the Commission to
require MEP to provide CEMI with the reservation charge credits, as
more fully described in the complaint.
    The Complainant certify that copies of the complaint were served on
the contacts for the Respondent as listed on the Commission's list of
Corporate Officials and on parties of the regulatory agencies the
Complainants reasonably expect to be affected by this complaint.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 5 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 email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 6, 2013.

    Dated: July 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17731 Filed 7-23-13; 8:45 am]
BILLING CODE 6717-01-P