[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Rules and Regulations]
[Page 55154-55156]
[DOCID:fr27oc09-20]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1070]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the FEMA Assistant
Administrator for Mitigation reconsider the changes. The modified BFEs
may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Engineering Management
Branch, Mitigation Directorate, Federal Emergency Management Agency,
500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

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

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                           Date and name of
                                                            newspaper where
                                     Location and case   notice was published   Chief executive officer          Effective date of
         State and county                   No.            of sale of flood           of community                 modification            Community No.
                                                             insurance in
                                                               community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Arapahoe.....................  City of Aurora (09-   July 2, 2009; July    The Honorable Ed Tauer,    June 23, 2009.................          080002
                                    08-0620P).            9, 2009; Aurora       Mayor, City of Aurora,
                                                          Sentinel.             15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
    Arapahoe.....................  City of Sheridan (09- June 12, 2009; June   The Honorable Mary         October 19, 2009..............          080018
                                    08-0267P).            19, 2009; Englewood   Carter, Mayor, City of
                                                          Herald.               Sheridan, 4101 South
                                                                                Federal Boulevard,
                                                                                Sheridan, CO 80110.
    Denver.......................  City and County of    July 2, 2009; July    The Honorable John W.      June 23, 2009.................          080046
                                    Denver (09-08-        9, 2009; Denver       Hickenlooper, Mayor,
                                    0620P).               Post.                 City and County of
                                                                                Denver, 1437 Bannock
                                                                                Street, Suite 350,
                                                                                Denver, CO 80202.
Florida:
    Marion.......................  City of Ocala (09-04- June 25, 2009; July   The Honorable Randy        June 12, 2009.................          120330
                                    0503P).               2, 2009; Star         Ewers, Mayor, City of
                                                          Banner.               Ocala, P.O. Box 1270,
                                                                                Ocala, FL 34478.

    Orange.......................  City of Orlando (09-  July 9, 2009; July    The Honorable Buddy Dyer,  September 28, 2009............          120186
                                    04-3112P).            16, 2009; Orlando     Mayor, City of Orlando,
                                                          Weekly.               400 South Orange Avenue,
                                                                                Orlando, FL 32802.
    Sumter.......................  Unincorporated areas  July 9, 2009; July    The Honorable Richard      June 30, 2009.................          120296
                                    of Sumter County      16, 2009; Sumter      Hoffman, Commissioner,
                                    (09-04-3548P).        County Times.         District 1, Sumter
                                                                                County Board of
                                                                                Commissioners, 910 North
                                                                                Main Street, Bushnell,
                                                                                FL 33513.
Illinois:
    DuPage.......................  Village of Villa      July 10, 2009; July   The Honorable Joyce        June 29, 2009.................          170217
                                    Park (08-05-4476P).   17, 2009; Villa       Stupegia, Village
                                                          Park Argus.           President, Village of
                                                                                Villa Park, 20 South
                                                                                Ardmore Avenue, Villa
                                                                                Park, IL 60181.
    Will.........................  Unincorporated areas  July 6, 2009; July    The Honorable Lawrence M.  November 10, 2009.............          170695
                                    of Will County (09-   13, 2009; The         Walsh, Will County
                                    05-3443P).            Herald News.          Executive, 302 North
                                                                                Chicago Street, Joliet,
                                                                                IL 60432.
Indiana:
    Elkhart......................  City of Elkhart (09-  July 3, 2009; July    The Honorable David        November 9, 2009..............          180057
                                    05-0815P).            10, 2009; The         Miller, Mayor, City of
                                                          Elkhart Truth.        Elkhart, Municipal
                                                                                Building, 229 South 2nd
                                                                                Street, Elkhart, IN
                                                                                46516.
    Elkhart......................  Unincorporated areas  July 3, 2009; July    The Honorable Terry        November 9, 2009..............          180056
                                    of Elkhart County     10, 2009; The         Rodino, President,
                                    (09-05-0815P).        Elkhart Truth.        Elkhart County Board of
                                                                                Commissioners, 117 North
                                                                                2nd Street, Goshen, IN
                                                                                46526.
Kansas: McPherson................  City of McPherson     July 7, 2009; July    The Honorable Thomas A.    June 26, 2009.................          200217
                                    (09-07-0243P).        14, 2009; McPherson   Brown, Mayor, City of
                                                          Sentinel.             McPherson, P.O. Box
                                                                                1008, McPherson, KS
                                                                                67460.
Minnesota:
    Anoka........................  City of Blaine (08-   March 27, 2009;       The Honorable Thomas       July 27, 2009.................          270007
                                    05-4922P).            April 3, 2009;        Ryan, Mayor, City of
                                                          Blaine-Spring Lake    Blaine, 12147 Radisson
                                                          Park Life.            Road Northeast, Blaine,
                                                                                MN 55449.
    Anoka........................  City of Coon Rapids   March 27, 2009;       The Honorable Tim Howe,    July 27, 2009.................          270011
                                    (08-05-4922P).        April 3, 2009; Coon   Mayor, City of Coon
                                                          Rapids Herald.        Rapids, 11155 Robinson
                                                                                Drive, Coon Rapids, MN
                                                                                55433.
Mississippi: Rankin..............  City of Richmond (09- July 8, 2009; July    The Honorable Shirley      July 30, 2009.................          280299
                                    04-2764P).            15, 2009; Rankin      Hall, Mayor, City of
                                                          County News.          Richland, P.O. Box
                                                                                180609, Richland, MS
                                                                                39218.
Montana: Carbon..................  City of Red Lodge     June 11, 2009; June   The Honorable Betsy        October 16, 2009..............          300007
                                    (09-08-0545P).        18, 2009; Carbon      Scanlin, Mayor, City of
                                                          County News.          Red Lodge, P.O. Box 9,
                                                                                Red Lodge, MT 59068.
Ohio:
    Franklin.....................  City of Dublin (08-   June 17, 2009; June   The Honorable Mary         October 22, 2009..............          390673
                                    05-2843P).            24, 2009; The         Chinnici-Zuercher,
                                                          Dublin News.          Mayor, City of Dublin,
                                                                                5200 Emerald Parkway,
                                                                                Dublin, OH 43017.
    Hancock......................  Unincorporated areas  June 30, 2009; July   The Honorable Edward D.    November 4, 2009..............          390767
                                    of Hancock County     7, 2009; The          Ingold, Hancock County
                                    (09-05-2984P).        Courier.              Commissioner, 322 South
                                                                                Main Street, Findlay, OH
                                                                                45840.
South Carolina: Lancaster........  Unincorporated areas  June 8, 2009; June    The Honorable Steve        October 13, 2009..............          450120
                                    of Lancaster County   15, 2009; Rock Hill   Willis, County
                                    (09-04-1036P).        Herald.               Administrator, Lancaster
                                                                                County, P.O. Box 1809,
                                                                                Lancaster, SC 29721.
Texas:
    Bexar........................  Unincorporated areas  July 6, 2009; July    The Honorable Nelson W.    July 30, 2009.................          480035
                                    of Bexar County (08-  13, 2009; Daily       Wolff, Bexar County
                                    06-2311P).            Commercial Recorder.  Judge, Bexar County
                                                                                Courthouse, 100 Dolorosa
                                                                                Street, Suite 120, San
                                                                                Antonio, TX 78205.
    Collin.......................  City of Plano (08-06- July 3, 2009; July    The Honorable Phil Dyer,   November 9, 2009..............          480140
                                    2741P).               10, 2009; Plano       Mayor, City of Plano,
                                                          Star Courier.         1520 Avenue K, Plano, TX
                                                                                75074.
    Travis.......................  City of Austin (08-   May 12, 2009; May     The Honorable Will Wynn,   April 30, 2009................          480624
                                    06-3046P).            19, 2009; Austin      Mayor, City of Austin,
                                                          American Statesman.   P.O. Box 1088, Austin,
                                                                                TX 78767.
    Webb.........................  City of Laredo (09-   June 11, 2009; June   The Honorable Raul G.      October 16, 2009..............          480651
                                    06-0689P).            18, 2009; Laredo      Salinas, Mayor, City of
                                                          Morning Times.        Laredo, 1110 Houston
                                                                                Street, Laredo, TX 78040.
Virginia:
    Prince Edward................  Town of Farmville     July 1, 2009; July    The Honorable Sydnor C.    October 3, 2009...............          510118
                                    (08-03-1396P).        8, 2009; Farmville    Newman, Jr., Mayor, Town
                                                          Herald.               of Farmville, 116 North
                                                                                Main Street, Farmville,
                                                                                VA 23901.
    Independent City.............  City of Harrisonburg  June 26, 2009; July   The Honorable Kai Degner,  November 2, 2009..............          510076
                                    (09-03-0277P).        3, 2009; Daily News-  Mayor, City of
                                                          Record.               Harrisonburg, 345 South
                                                                                Main Street,
                                                                                Harrisonburg, VA 22801.
    Independent City.............  City of Waynesboro    June 8, 2009; June    The Honorable Timothy D.   June 29, 2009.................          515532
                                    (09-03-0235P).        15, 2009; The News    Williams, Mayor, City of
                                                          Virginian.            Waynesboro, P.O. Box
                                                                                1028, Waynesboro, VA
                                                                                22980.

Wisconsin: Dane..................  Unincorporated areas  June 26, 2009; July   The Honorable Kathleen     November 2, 2009..............          550077
                                    of Dane County (08-   3, 2009; Wisconsin    Falk, Dane County
                                    05-5051P).            State Journal.        Executive, City County
                                                                                Building, Room 421, 210
                                                                                Martin Luther King Jr.
                                                                                Boulevard, Madison, WI
                                                                                53703.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-25858 Filed 10-26-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Pages 57847-57849]
[FR Doc No: 2013-22927]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0468; ER-FRL 9011-3]

Proposed Information Collection Request; Comment Request;
Environmental Impact Assessment of Nongovernmental Activities in
Antarctica (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Final Rule at 40 CFR Part 8:
Environmental Impact Assessment of Nongovernmental Activities in
Antarctica'' (EPA ICR No. 1808.07, OMB Control No. 2020-0007) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, EPA is soliciting public comments on specific aspects
of the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
March 31, 2014. 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 OMB control number.

DATES: Comments must be submitted on or before Tuesday, November 19,
2013.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2007-0468 online using www.regulations.gov (our preferred method) or by
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Julie Roemele, Office of Federal
Activities, Mail Code 2252A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
564-5632; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate 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) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The Environmental Protection Agency's (EPA's) regulations
at 40 CFR Part 8, Environmental Impact Assessment of Nongovernmental
Activities in Antarctica (Rule), were promulgated pursuant to the
Antarctic Science, Tourism, and Conservation Act of 1996 (Act), 16
U.S.C. 2401 et seq., as amended, 16 U.S.C. 2403a, which implements the
Protocol on Environmental Protection (Protocol) to the Antarctic Treaty
of 1959 (Treaty). The Rule provides for assessment of the environmental
impacts of nongovernmental activities in Antarctica, including tourism,
for which the United States is required to give advance notice under
Paragraph 5 of Article VII of the Treaty, and for coordination of the
review of information regarding environmental impact assessments
received from other Parties under the Protocol. The requirements of the
Rule apply to operators of nongovernmental expeditions organized or
proceeding from the territory of the United States to Antarctica and
include commercial and non-commercial expeditions. Expeditions may
include ship-based tours; yacht, skiing or mountaineering expeditions;
privately funded research expeditions; and other nongovernmental
activities. The Rule does not apply to individual U.S. citizens or
groups of citizens planning travel to Antarctica on an expedition for
which they are not acting as an operator. (Operators, for example,
typically acquire use of vessels or aircraft, hire expedition staff,
plan itineraries, and undertake other organizational responsibilities.)
The rule provides nongovernmental operators with the specific
requirements they need to meet in order to comply with the requirements
of Article 8 and Annex I to the Protocol. The provisions of the Rule
are intended to ensure that potential environmental effects of
nongovernmental activities undertaken in Antarctica are appropriately
identified and considered by the operator during the planning process
and that to the extent practicable appropriate environmental safeguards
which would mitigate or prevent adverse impacts on the Antarctic
environment are identified by the operator.
    Environmental Documentation. Persons subject to the Rule must
prepare environmental documentation to support the operator's
determination regarding the level of environmental impact of the
proposed expedition. Environmental documentation includes a Preliminary
Environmental Review Memorandum (PERM), an Initial Environmental
Evaluation (IEE), or a Comprehensive Environmental Evaluation (CEE).
The environmental document is submitted to the Office of Federal
Activities (OFA). If the operator determines that an expedition may
have: (1) Less than a minor or transitory impact, a PERM needs to be
submitted no later than 180 days before the proposed departure to
Antarctica; (2) no more than minor or transitory impacts, an IEE needs
to be submitted no later than 90 days before the proposed departure; or
(3) more than minor or transitory impacts, a CEE needs to be submitted.
Operators who anticipate such activities are encouraged to consult with
EPA as soon as possible regarding the date for submittal of the CEE.
(Article 3(4), of Annex I of the Protocol requires that draft CEEs be
distributed to all Parties and the Committee for Environmental
Protection 120 days in advance of the next Antarctic Treaty
Consultative Meeting (ATCM) at which the CEE may be addressed.)
    The Protocol and the Rule also require an operator to employ
procedures to assess and provide a regular and verifiable record of the
actual impacts of an activity which proceeds on the basis of an IEE or
CEE. The record developed through these measures needs to be designed
to: (a) Enable assessments to be made of the extent to which
environmental impacts of nongovernmental expeditions are consistent
with the Protocol; and (b) provide information useful for minimizing
and mitigating those impacts and, where appropriate, on the need for
suspension, cancellation, or modification of the activity. Moreover, an
operator needs to monitor key environmental indicators for an activity
proceeding on the basis of a CEE. An operator may also need to carry
out monitoring in order to assess and verify the impact of an activity
for which an IEE would be prepared. For activities that require an IEE,
an operator should be able to use procedures currently being
voluntarily utilized by operators to provide the required information.
Should an activity require a CEE, the operator should consult with EPA
to: (a) Identify the monitoring regime appropriate to that activity,
and (b) determine whether and how the operator might utilize relevant
monitoring data collected by the U.S. Antarctic Program. The Office of
Federal Activities (OFA) would consult with the

National Science Foundation and other interested Federal agencies
regarding the monitoring regime.
    In cases of emergency related to the safety of human life or of
ships, aircraft, equipment and facilities of high value, or the
protection of the environment which would require an activity to be
undertaken without completion of the documentation procedures set out
in the Rule, the operator would need to notify the Department of State
within 15 days of any activities which would have otherwise required
preparation of a CEE, and provide a full explanation of the activities
carried out within 45 days of those activities. (During the time the
Interim Final and Final Rules have been in effect, there were no
emergencies requiring notification by U.S. operators. An Interim Final
Rule was in effect from April 30, 1997, until replaced on December 6,
2001, by the Final Rule).
    Environmental documents (e.g., PERM, IEE, CEE) are submitted to
OFA. Environmental documents are reviewed by OFA, in consultation with
the National Science Foundation and other interested Federal agencies,
and also made available to other Parties and the public as required
under the Protocol or otherwise requested. OFA notifies the public of
document availability via the World Wide Web at: http://www.epa.gov/compliance/international/antarctica/index.html. The types of
nongovernmental activities currently being carried out (e.g., ship-
based tours, land-based tours, flights, and privately funded research
expeditions) are typically unlikely to have impacts that are more than
minor or transitory, thus an IEE is the typical level of environmental
documentation submitted. For the 1997-1998 through 2012-2013 austral
summer seasons during the time the Rule has been in effect, all
respondents submitted IEEs with the exception of two PERMs. Paperwork
reduction provisions in the Rule that are used by the operators
include: a) Incorporation of material in the environmental document by
referring to it in the IEE, b) inclusion of all proposed expeditions by
one operator within one IEE; c) use of one IEE to address expeditions
being carried out by more than one operator; and d) use of multi-year
environmental documentation to address proposed expeditions for a
period of up to five consecutive austral summer seasons.
    Coordination of Review of Information Received from Other Parties
to the Treaty. The Rule also provides for the coordination of review of
information received from other Parties and the public availability of
that information including: (1) A description of national procedures
for considering the environmental impacts of proposed activities; (2)
an annual list of any IEEs and any decisions taken in consequence
thereof; (3) significant information obtained and any action taken in
consequence thereof with regard to monitoring from IEEs to CEEs; and
(4) information in a final CEE. This provision fulfills the United
States' obligation to meet the requirements of Article 6 of Annex I to
the Protocol. The Department of State is responsible for coordination
of these reviews of drafts with interested Federal agencies, and for
public availability of documents and information. This portion of the
Rule does not impose paperwork requirements on any nongovernmental
person subject to U.S. regulation.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are all nongovernmental operators with activities in
Antarctica, including tour operators, for which the United States is
required to give advance notice under paragraph 5 of Article VII of the
Antarctic Treaty of 1959; this includes all nongovernmental expeditions
to and within Antarctica organized in or proceeding from the territory
of the United States.
    Respondent's obligation to respond: Mandatory (40 CFR Part 8).
    Estimated number of respondents: 18.
    Frequency of response: Annual.
    Total estimated burden: 1,254 hours.
    Total estimated cost: $100,575 includes $3,390 annualized capital
or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 454 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This decrease is the result of a change to the level of
environmental documentation EPA anticipates the operators will submit
as well as an anticipated decrease of operators submitting
documentation.

    Dated: September 17, 2013.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2013-22927 Filed 9-19-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Notices]
[Pages 46303-46304]
[FR Doc No: 2011-19483]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0490]

Guidance for Industry and Food and Drug Administration Staff:
Investigational New Drug Applications for Minimally Manipulated,
Unrelated Allogeneic Placental/Umbilical Cord Blood Intended for
Hematopoietic Reconstitution for Specified Indications; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a document entitled ``Guidance for Industry and FDA
Staff: Investigational New Drug Applications (INDs) for Minimally
Manipulated, Unrelated Allogeneic Placental/Umbilical Cord Blood
Intended for Hematopoietic Reconstitution for Specified Indications,''
dated June 2011. The guidance document provides advice to potential
sponsors to assist in the submission of an IND for certain minimally
manipulated hematopoietic stem/progenitor cells from placental/
umbilical cord blood, from an unrelated allogeneic cord blood donor and
intended for hematopoietic reconstitution in patients with specified
indications (HPC-Cs), when such HPC-Cs are not licensed and when a
suitable human leukocyte antigen (HLA) matched cord blood transplant is
needed for treatment of a patient with a serious or life-threatening
disease or condition, and there is no satisfactory alternative
treatment. If such HPC-Cs are made available for clinical use, they
must be distributed under an IND. The guidance announced in this notice
finalizes the draft guidance of the same title dated October 2009.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist the office in
processing your requests. The guidance may also be obtained by mail by
calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Tami Belouin, Center for Biologics
Evaluation and Research (HFM-17), Food and Drug Administration, 1401
Rockville Pike, Suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Guidance for Industry and FDA Staff: Investigational New Drug
Applications (INDs) for Minimally Manipulated, Unrelated Allogeneic
Placental/Umbilical Cord Blood Intended for Hematopoietic
Reconstitution for Specified Indications,'' dated June 2011. The
guidance document provides advice to potential sponsors (e.g., cord
blood banks or registries, transplant centers, and individual
physicians serving as sponsor-investigators) to assist in the
submission of an IND for certain HPC-Cs, when such HPC-Cs are not
licensed in accordance with 21 CFR Part 601, and when a suitable HLA
matched cord blood transplant is needed for treatment of a patient with
a serious or life-threatening disease or condition, and there is no
satisfactory alternative treatment. The guidance document is applicable
only to HPC-Cs intended for hematopoietic reconstitution in patients
with the clinical indications listed in the guidance. If such HPC-Cs
are made available for clinical use, they must be distributed under an
IND meeting all of the applicable requirements in part 312 (21 CFR Part
312).
    In the Federal Register of October 20, 2009 (74 FR 53751), FDA
announced the availability of the draft guidance of the same title
dated October 2009. FDA received a few comments on the draft guidance,
and those comments were considered as the guidance was finalized.
Changes incorporated in the final guidance include simplifying table A,
which sets forth certain regulatory requirements and current best
practices with respect to what should be included in an IND. In
addition, organizational and editorial revisions were made to improve
clarity. The guidance announced in this notice finalizes the draft
guidance dated October 2009.
    In the October 20, 2009, notice announcing the availability of the
draft

guidance, FDA also announced that it no longer intends to exercise
enforcement discretion with respect to the IND and biologics license
application (BLA) requirements, and the phase-in implementation period
for IND and license application requirements will end as of October 20,
2011. FDA also encouraged sponsors to send in applications as soon as
possible to allow sufficient time for review, comment, and resubmission
as needed to complete all actions by the end of this 2-year period. FDA
continues to encourage potential sponsors to submit new protocols as
needed to their existing INDs, or new INDs if needed, or BLAs as soon
as possible, so that FDA may work with them to ensure that the
protocols are in effect or that the BLAs are approved, if appropriate,
by the end of the phase-in implementation period.
    We acknowledge that there will be cord blood banks that are not
able to achieve licensure by October 20, 2011. Furthermore, we
acknowledge that should we approve a bank's BLA, our approval may not
include all the HPC-Cs in that bank's inventory. We note that if a bank
is unable to obtain a BLA by October 20, 2011, or if its BLA does not
include all the HPC-Cs in that bank's inventory, its unlicensed units
may be released for use only under an IND.
    The guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents FDA's
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in part 312 have been approved under OMB
control number 0910-0014; 21 CFR Part 56 have been approved under OMB
control number 0910-0130; 21 CFR Part 1271 have been approved under OMB
control number 0910-0543; and FDA Form 1571 has been approved under OMB
control number 0910-0014.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: July 26, 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-19483 Filed 8-1-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Proposed Rules]
[Pages 8561-8564]
[FR Doc No: 2021-02557]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0522; FRL-10016-86-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Control of Volatile Organic Compounds Mobile
Equipment Repair and Refinishing Rule Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC). This SIP revision consists of the 2010 amendments to the State
of Delaware's Mobile Equipment Repair and Refinishing (MERR)
regulations to incorporate the Ozone Transport Commission's (OTC) 2009
Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
regulations (MVMERR) model rule. The MVMERR rule establishes updated
volatile organic compounds (VOC) content limits for coating and
cleaning solvents used in vehicle refinishing and standards for coating
application, work practices, monitoring, and recordkeeping. This action
is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 10, 2021.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2020-0522 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, Planning & Implementation
Branch (3AD30) Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mr. Gordon can also be reached
via electronic mail at<EMAIL_ADDRESS>
I. Background

A. General

    Ozone is formed in the atmosphere by photochemical reactions
between VOCs and nitrogen oxides (NOX) in the presence of
sunlight. In order to reduce these ozone concentrations, the CAA
requires control of VOC and NOX emission sources to achieve
emission reductions in moderate or more serious ozone nonattainment
areas. Section 184(a) of the CAA established a single ozone transport
region (OTR), comprising all or part of 12 eastern states, including
all of the State of Delaware. Section 176a of the CAA requires that
when a transport region is established, the Administrator must also
establish a transport commission

consisting of certain representatives from each state included within
the transport region. See CAA section 176a(b)(1). Following creation of
the OTR, an Ozone Transport Commission (OTC) was established in
accordance with the requirements of CAA section 176a(b)(1). In December
1999, EPA identified emission reduction shortfalls in several severe 1-
hour ozone nonattainment areas, including those located in the OTR. As
a result, the OTC developed model rules for a number of source
categories. One of the model rules, the 2002 MERR Model Rule, was
developed to reduce VOC emissions from automotive coatings and cleaning
solvents associated with non-assembly line refinishing or recoating of
motor vehicles, mobile equipment, and their associated parts and
components. The OTC 2002 MERR Model Rule applies to a person who
applies mobile equipment repair and refinishing or color matched
coatings to mobile equipment or mobile equipment components. Delaware's
regulations adopting the OTC 2002 MERR model rule were originally
approved by EPA into Delaware's SIP on November 22, 2002 (67 FR 70315)
as part of a regional effort to attain and maintain the 1-hour ozone
NAAQS.
    The OTC 2009 MVMERR Model Rule \1\ is a revision of the 2002 MERR
Model Rule developed by the OTC. The OTC's 2009 MVMERR Model Rule is
based upon the California Air Resources Board's (CARB) Suggested
Control Measure (SCM) for Automotive Coatings, published October 2005.
In order to keep Delaware's regulations up-to-date with the OTC's 2009
MVMERR Model Rule, Delaware revised its regulations, found at 7 DE
Admin Code 1124, Control of Volatile Organic Compound Emissions;
Section 11.0 Mobile Equipment Repair and Refinishing (Delaware's 2010
amended MERR rule), on September 17, 2010. Delaware then submitted
these 2010 amendments to EPA as a SIP revision on May 6, 2020.\2\
---------------------------------------------------------------------------

    \1\ The OTC 2009 MVMERR Model Rule is available online at
https://otcair.org/document.asp?fview=modelrules and included in the
docket for this rulemaking, available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
    \2\ During a recent internal review of the Delaware SIP, DNREC
discovered that it had never submitted the 2010 Delaware regulatory
changes adopting the 2009 OTC MVMERR Model Rule to EPA as a SIP
revision. DNREC therefore submitted this SIP revision in May 2020 so
that the EPA-approved SIP would correctly reflect the Delaware
regulations.
---------------------------------------------------------------------------

B. Source Description

    Automobile refinishing includes the application of coatings
following the manufacture of original equipment. ``Automobile'' or
``vehicle'' in this category refers to passenger cars, trucks, vans,
motorcycles, and other mobile equipment capable of being driven on the
highway. Automobile refinishing work typically consists of structural
repair, surface preparation, and painting, and includes operations in
auto body repair/paint shops, production auto body paint shops, new car
dealer repair/paint shops, fleet operator repair/paint shops, and
custom-made car fabrication facilities. The steps involved in
automobile refinishing include surface preparation, coating
applications, and spray equipment. VOC emissions result from the
evaporation of solvents during each of these processes and can be
controlled through the use of compliant coatings and solvents, the use
of application equipment with increased transfer efficiency, and
stringent work practice standards.
    The main categories of coatings are primers and topcoats. The
primer category consists of pretreatment wash primers, primers, primer
surfacers, and primer sealer. Topcoats are applied over the primer
coats and provide the final color to the refinished area. Primers and
coatings can be classified as lacquer, enamel, or urethane coatings.
Each coating differs in its chemistry, durability, and VOC content.
Some additives and specialty coatings are necessary for unusual
performance requirements and are used in relatively small amounts to
improve desirable properties. Additives and special coatings include
adhesion promoters, uniform refinish blenders, elastomeric materials
for flexible plastic parts, gloss flatteners, and anti-glare/safety
coatings. For additional information, see EPA's ``Alternative Control
Techniques (ACT) Document: Automobile Body Refinishing'' (EPA-453/R-94-
031, April 1994).\3\
---------------------------------------------------------------------------

    \3\ EPA's ACT for Automobile Body Refinishing is available
online at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques and is
included in the docket for this rulemaking, available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0522.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    On May 6, 2020, DNREC submitted a SIP revision consisting of
amendments to its MERR rule to incorporate the OTC 2009 MVMERR Model
Rule. If approved into the SIP, Delaware's 2010 amended MERR rule would
be federally enforceable. Affected sources within the State of Delaware
include: Auto body and repair facilities; fleet operator repair and
paint facilities; new and used auto dealer repair and paint facilities;
after-market auto customizing and detailing facilities; manufacturers,
suppliers, and distributors of coatings and cleaning solvents intended
for use and application to motor vehicles, mobile equipment, and
associated components; and manufacturers, suppliers, and distributors
of application equipment and materials storage such as spray booths,
spray guns, and sealed containers for cleaning rags for use within the
State of Delaware.
    As summarized in Delaware's transmittal memo for this SIP revision,
this SIP revision to Delaware's existing regulation, 7 DE Admin Code
1124, reduces the VOC contents of currently regulated coatings,
regulates additional coating categories, requires the use of coating
application equipment that provides for high transfer efficiency, and
requires that surface cleaning solvent contain no more than 25 grams of
VOC per liter. More specifically, Delaware's 2010 amended MERR rule
establishes revised VOC content limits for automotive coatings and
cleaning solvents used in the preparation, application, and drying
phases of vehicle refinishing. Delaware's 2010 amended MERR rule also
establishes coating application standards, work practices, operator
training standards, and compliance and recordkeeping standards. Table 1
lists the revised VOC limits adopted by the State of Delaware in 2010,
and compares them to the standards set in the OTC 2009 MVMERR Model
Rule.

 Table 1--Allowable VOC Content in Automotive Coatings for Motor Vehicle and Mobile Equipment Non-Assembly Line
                                            Refinishing and Recoating
----------------------------------------------------------------------------------------------------------------
                                                                         VOC regulatory limit as applied *
                                                                 -----------------------------------------------
                                                                   Delaware's 2010 amended  MERR     2009 OTC
                                                                               rule                MVMERR model
                        Coating category                         --------------------------------      rule
                                                                                ---------------
                                                                    (Pounds per     (Grams per      (Grams per
                                                                      gallon)         liter)          liter)
----------------------------------------------------------------------------------------------------------------
Adhesion promoter...............................................             4.5             540             540
Automotive pretreatment coating.................................             5.5             660             660
Automotive primer...............................................             2.1             250             250
Cavity Wax......................................................             5.4             650            (**)
Clear coating...................................................             2.1             250             250
Color coating, including metallic/iridescent color coating......             3.5             420             420
Deadener........................................................             5.4             650            (**)
Gasket/Gasket material..........................................             1.7             200            (**)
Lubricating wax compound........................................             5.8             700            (**)
Multicolor coating..............................................             5.7             680             680
Sealer..........................................................             5.4             650            (**)
Single-stage coating, including single-stage metallic/iridescent             2.8             340             340
 coating........................................................
Temporary protective coating....................................            0.50              60              60
Truck bed liner coating.........................................             1.7             200             310
Truck interior..................................................             5.4             650            (**)
Underbody coating...............................................             3.6             430             430
All other coating...............................................             2.1             250             250
----------------------------------------------------------------------------------------------------------------
* VOC regulatory limit as applied means the weight of VOC per volume of coating (prepared to manufacturer's
  recommended maximum VOC content, minus water and non-VOC solvents).
** 2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.

    Delaware's 2010 amended MERR rule incorporates without any
revisions the VOC limits for all the available coating categories found
in the OTC's 2009 MVMERR model rule. In addition, Delaware's 2010
amended MERR rule requires that surface cleaning solvent contain no
more than 25 grams of VOC per liter, as required by the 2009 OTC MVMERR
Model Rule. All the VOC limits in Delaware's 2010 amended MERR rule are
as stringent as the limits in the 2009 OTC MVMERR Model Rule, as shown
in Table 1 of this document. Approval of Delaware's 2010 amended MERR
rule into the SIP would make these limits, the coating and cleaning
solvent VOC content limits, and the use of coating application
equipment which provides high transfer efficiency, federally
enforceable. The VOC reductions resulting from Delaware's adoption of
the 2010 changes to implement the 2009 OTC MVMERR Model Rule have been
occurring since the effective date of Delaware's amended regulations,
and upon final approval of this SIP revision, will become federally
enforceable and will continue to be federally enforceable until such
time as Delaware submits, and EPA approves, a SIP revision to revise
these limits. Approving Delaware's 2010 amended MERR rule into the SIP
strengthens Delware's SIP, and EPA is therefore proposing to approve it
into the Delaware SIP as a SIP strengthening measure.

III. Proposed Action

    EPA is proposing to approve Delaware's 2010 amended MERR rule as a
SIP revision. EPA has determined that Delaware's 2010 amended MERR rule
is consistent with the requirements and limits in the 2009 OTC MVMERR
Model Rule. Therefore, its approval into the Delaware SIP would result
in the VOC reductions in the 2010 amended MERR rule becoming federally
enforceable and strengthen the SIP. EPA is soliciting public comments
on the issues discussed in this document relevant to Delaware's 2010
amended MERR rule. These comments will be considered before taking
final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to 7 DE Admin Code 1124 Control of Volatile Organic
Compound Emissions Section 11.0 Mobile Equipment Repair and
Refinishing. EPA has made, and will continue to make, these materials
generally available through https://www.regulations.gov and at the EPA
Region III Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a ``significant regulatory
action'' under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, in which EPA is proposing
approval of Delaware's 2010 amended MERR rule to incorporate the 2009
OTC MVMERR Model rule, does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02557 Filed 2-5-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 10, 2008 (Volume 73, Number 112)]
[Notices]
[Page 32702]
[DOCID:fr10jn08-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-36-001]

PJM Interconnection L.L.C.; Notice of Filing

June 3, 2008.
    Take notice that on May 30, 2008, PJM Interconnection, L.L.C. filed
revision to its Open Access Transmission Tariff to comply with the
Commission's April 10, 2008, order, Dominion Resources Services, Inc.
v. PJM Interconnection, L.L.C., 123 FERC 61,025 (April 10, 2008) (Order
Approving Contested Settlement).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 20, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-12942 Filed 6-9-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Page 46005]
[FR Doc No: 2019-18921]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-1484-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Amended NRAs for Total
Contracts 911051 and 911252 to be effective 8/24/2019.
    Filed Date: 8/23/19.
    Accession Number: 20190823-5056.
    Comments Due: 5 p.m. ET 9/4/19.

    Docket Numbers: RP19-1485-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: 2019 Penalties Assessed Compliance Filing of Colorado
Interstate Gas Company, L.L.C. under RP19-1485.
    Filed Date: 8/26/19.
    Accession Number: 20190826-5074.
    Comments Due: 5 p.m. ET 9/9/19.

    Docket Numbers: RP19-863-001.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Compliance filing NAESB Compliance filing for July
29th Order to be effective 8/1/2019.
    Filed Date: 8/26/19.
    Accession Number: 20190826-5060.
    Comments Due: 5 p.m. ET 9/9/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-18921 Filed 8-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36185-36186]
[DOCID:fr22jy09-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

July 14, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-821-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits First
Revised Sheet 14H et al. to FERC Gas Tariff, Original Volume 1, to be
effective 7/9/09.
    Filed Date: 07/09/2009.
    Accession Number: 20090713-0163.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: RP09-822-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits First Revised
Sheet 505 et al. to FERC Gas Tariff, Third Revised Volume 1, to be
effective 8/10/09.
    Filed Date: 07/10/2009.
    Accession Number: 20090713-0161.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: RP09-823-000.
    Applicants: Algonquin Gas Transmission Company.
    Description: Algonquin Gas Transmission, LLC submits First Revised
Sheet No. 50 et al. to FERC Gas Tariff, Fifth Revised Volume No. 1, to
be effective 8/10/09.
    Filed Date: 07/10/2009.
    Accession Number: 20090713-0160.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: RP09-824-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overtrust Pipeline Company submits Fifth
Revised Sheet No. 6 to Second Revised Volume No. 1-A, effective 7/1/09.

    Filed Date: 07/13/2009.
    Accession Number: 20090713-0216.
    Comment Date: 5 p.m. Eastern Time on Monday, July 27, 2009.

    Docket Numbers: RP09-825-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits nonconforming
firm transportation discounted rates letter agreement dated 3/26/99.
    Filed Date: 07/13/2009.
    Accession Number: 20090713-0217.
    Comment Date: 5 p.m. Eastern Time on Monday, July 27, 2009.

    Docket Numbers: RP09-827-000.
    Applicants: Cimarron River Pipeline, LLC.
    Description: 2009 Annual Report of Cash Out Activity of Cimarron
River Pipeline, LLC.
    Filed Date: 07/14/2009.
    Accession Number: 20090714-5032.
    Comment Date: 5 p.m. Eastern Time on Monday, July 27, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-17366 Filed 7-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58657]
[DOCID:fr16oc07-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2413-094]

Georgia Power Company; Notice of Application for Non-Project Use
of Project Lands and Waters and Soliciting Comments, Motions To
Intervene, and Protests

October 4, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No.: 2413-094.
    c. Date Filed: August 23, 2007.
    d. Applicant: Georgia Power Company.
    e. Name and Location of Project: Wallace Dam Project is located on
the Lake Oconee in Greene County, Georgia. The proposed project does
not occupy federal lands.
    f. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Lee Glenn, Georgia Power Company, 125 Wallace
Dam Road, NE., Eatonton, GA 31024,<PHONE_NUMBER>.
    h. FERC Contact: Gina Krump, Telephone<PHONE_NUMBER>, or by e-mail
at<EMAIL_ADDRESS>    i. Deadline for filing comments, protests, and motions to
intervene: November 5, 2007.
    All documents (original and eight copies) should be filed with
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing a document with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the documents on that resource agency.
    j. Description of Application: The licensee is seeking Commission
approval to issue a permit to Heron Cove Properties, LLC for the
construction of five docks, totaling 42 slips, a 985-foot seawall, and
a boat ramp on approximately 0.13 acre of project land. The proposal is
for the use of residents at a condominium development. All proposed
work is consistent with the current permitting limitations.
    k. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``e-Library'' link. Enter the project

number excluding the last three digits (P-2413-094) in the docket
number field to access the document. For online assistance, contact
<EMAIL_ADDRESS>or call toll-free<PHONE_NUMBER>, for TTY,

call<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the addresses in item g.
    l. Individual desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    o. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filling
comments, it will be assumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20289 Filed 10-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Notices]
[Page 37275-37277]
[DOCID:fr28jy09-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60368; File No. SR-NSCC-2009-05]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Modify Haircuts Applied to Eligible Clearing Fund
Securities

July 22, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on July 10, 2009, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which items have been
prepared primarily by NSCC. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested parties.
---------------------------------------------------------------------------

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

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to modify the haircuts
applied to Eligible Clearing Fund Securities.\2\
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    \2\ NSCC Rule 1 (Definitions and Descriptions) defines Eligible
Clearing Fund Securities and its components which are Eligible
Clearing Fund Treasury Securities, Eligible Clearing Fund Agency
Securities, and Eligible Clearing Fund Mortgage-Backed Securities.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

    Under NSCC's Rules and Procedures, Members are required to make
deposits to the Clearing Fund with the amount of each Member's required
deposit being established by NSCC in accordance with one or more
formulas (``Required Deposit''). A Member may satisfy its Required
Deposit with a cash deposit, and NSCC may permit a portion of the
Member's Required Deposit (with the exception of the deposit of a
Mutual Fund/Insurance Services Member) to be evidenced by an open
account indebtedness secured by Eligible Clearing Fund Securities.
Eligible Clearing Fund Securities consist of certain Treasury, Agency,
and mortgage-backed securities.
    NSCC's Rules and Procedures permit NSCC to fund settlement by
pledging Clearing Fund deposits as collateral for loans. NSCC maintains
a committed borrowing facility for this purpose. Due to elevated
volatility experienced in the financial markets, collateral haircuts
imposed on NSCC under the borrowing facility have increased. Therefore,
NSCC is required to make corresponding increases in Clearing Fund
collateral haircuts to maintain alignment with this facility.
    NSCC proposes to modify Procedure XV (Clearing Fund Formula and
Other Matters) to update the correlating range of haircuts applied to
the types of Eligible Clearing Fund Securities. In general, NSCC
proposes to increase the haircuts for: (i) Interest bearing Treasuries
with terms greater than 10 years but less than 15 years from 5 percent
to a 6 percent and (ii) zero coupon Treasury and Agency securities from
2 to 10 percent based on term to 5 to 12 percent based on term. A
complete listing of the haircut schedule, showing modifications, is as
follows:
BILLING CODE 8010-01-P

[GRAPHIC] [TIFF OMITTED] TN28JY09.028

BILLING CODE 8010-01-C

    NSCC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \4\ and the rules and
regulations thereunder applicable to NSCC because the proposed rule
change should facilitate the prompt and accurate clearance and
settlement of securities transactions by adjusting NSCC's haircut
levels on Clearing Fund collateral and facilitating NSCC's ability to
ensure adequate collateral levels are maintained to facilitate
settlement in the event of a participant default.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact on or impose any burden on competition.

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

    No written comments relating to the proposed rule change have been
solicited or received. NSCC will notify the Commission of any written
comments received by NSCC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(4) \6\
thereunder because the proposed rule change effects a change in an
existing service of NSCC that (i) does not adversely affect the
safeguarding of securities or funds in the custody or control of NSCC
or for which it is responsible and (ii) does not significantly affect
the respective rights of the clearing agency or persons using the
service. At any time within sixty days of the filing of such rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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-NSCC-2009-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2009-05. 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 Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of NSCC and on NSCC's
Web site at http://www.dtcc.com/legal/rule_filings/nscc/2009.php. 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-NSCC-2009-05 and should be
submitted on or before August 18, 2009.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17935 Filed 7-27-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11540-11542]
[DOCID:fr18mr09-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0809; FRL-8783-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notice of Arrival of Pesticides
and Devices (FIFRA); EPA ICR No. 0152.09 OMB Control No. 2070-0020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before April 17,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2008-0809 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Enforcement and
Compliance Docket and Information Center (ECDIC), 1200 Pennsylvania
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robin Nogle, Office of Compliance,
Agriculture Division (2225A), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-4154; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On December 9, 2008, (73 FR 74715-74717), EPA sought comments
on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-

HQ-OECA-2008-0809, which is available for online viewing at http://
www.regulations.gov, or in person viewing at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Enforcement and
Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Notice of Arrival of Pesticides and Devices (FIFRA).
    ICR numbers: EPA ICR No. 0152.09, OMB Control No. 2070-0020.
    ICR Status: This ICR is scheduled to expire on March 31, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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 OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The U.S. Customs and Border Protection regulations at 19
CFR 12.112 require that an importer desiring to import pesticides into
the United States shall, prior to the shipment's arrival, submit a
Notice of Arrival of Pesticides and Devices (EPA Form 3540-1) to EPA,
who will determine the disposition of the shipment. After completing
the form, EPA returns the form to the importer, or his agent, who must
present the form to Customs and Border Protection upon arrival of the
shipment at the port of entry. This is necessary to ensure that EPA is
notified of the arrival of pesticides and devices as required by the
Federal Insecticide Fungicide and Rodenticide Act (FIFRA) section 17(c)
and has the ability to examine such shipments to determine whether they
are in compliance with FIFRA.
    The form requires identification and address information of the
importer or his agent and information on the identity and location of
the imported pesticide or device shipment.
    When the form is submitted to EPA regional personnel for review it
is examined to determine whether the shipment should be released for
entry upon arrival or alternatively whether it should be detained for
examination. The responsible EPA official returns the form to the
respondent with EPA instructions to Customs and Border Protection as to
the disposition of the shipment.
    Upon the arrival of the shipment, the importer presents the
completed Notice of Arrival (NOA) to the District Director of Customs
and Border Protection at the port of entry who then compares entry
documents for the shipment with the NOA and notifies the EPA Regional
Office of any discrepancies which the EPA will resolve with the
importer or broker. At this point the shipment may be retained for
examination. If there are no discrepancies, Customs and Border
Protection follows instructions regarding release or detention. If EPA
inspects the shipment and it appears from examination of a sample that
it is adulterated, misbranded or otherwise violates the provisions of
FIFRA, or is otherwise injurious to health or the environment, the
pesticide or device may be refused admission into the United States.
    This information collection activity reporting requirement is
needed to allow Customs and Border Protection to fulfill its statutory
obligation to inform EPA of pesticides and devices arriving in the
United States so that EPA can ensure compliance with FIFRA by the
responsible party importing the pesticides or devices. The information
permits EPA to stop unregistered, suspended, canceled, misbranded,
contaminated, or otherwise violative products from being imported into
the country, track those that do enter, and minimize any adverse
environmental impact that might arise from the importation of violative
products. If EPA did not collect this information, EPA and Customs and
Border Protection would be unable to meet their statutory requirements
under FIFRA.
    The information collected is used by EPA regional pesticide
enforcement and compliance staff and the headquarters Office of
Enforcement and Compliance Assurance and Office of Pesticide Programs.
The U.S. Department of Homeland Security (Customs and Border
Protection), the Department of Agriculture, the Food and Drug
Administration, and other Federal agencies may also make use of this
information.
    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 OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.3
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Pesticide Importers.
    Estimated Number of Respondents: 25,000.
    Frequency of Response: 1.
    Estimated Total Annual Hour Burden: 7500.
    Estimated Total Annual Cost: $423,420, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is no change of hours in the total
estimated burden currently identified in the OMB Inventory of Approved
ICR Burdens.

    Dated: March 12, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-5877 Filed 3-17-09; 8:45 am]

BILLING CODE 6560-50-P