[Federal Register: March 14, 2007 (Volume 72, Number 49)]
[Notices]
[Page 11925-11927]
[DOCID:fr14mr07-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55421; File No. SR-NYSE-2007-19]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Waive Certain Listing Fees

March 8, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 22, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Commission is publishing this notice to solicit comment
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 902.02 of its Listed Company
Manual (the ``Manual'') to provide that there shall be no initial
listing fee applicable to (i) any company listing upon emergence from
bankruptcy, or (ii) any company listing its primary class of common
stock that is not listed on a national securities exchange but is
registered under the Act. The amendment will also apply a separate cap
for a limited period on fees payable by companies listing upon
emergence from bankruptcy. If approved by the Commission, the
amendments contained in this proposal will be applied retroactively as
of the date of this filing.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 902.02 of the Manual to
provide that there shall be no initial listing fee applicable to:
     Any company listing following emergence from bankruptcy;
\3\ or
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    \3\ The Exchange interprets ``listing following emergence from
bankruptcy'' to mean that the company lists at the same time it
emerges from bankruptcy. Telephone conversation between John Carey,
Assistant General Counsel, NYSE, and Nathan Saunders, Special
Counsel, Division of Market Regulation, Commission, March 6, 2007.
---------------------------------------------------------------------------

     Any company listing its primary class of common stock that
is not listed on a national securities exchange but is registered under
the Act.
    The amendment will also apply a separate cap for a limited period
on fees

payable by companies listing upon emergence from bankruptcy. If
approved by the Commission, the amendments contained in this proposal
will be applied retroactively as of the date of this filing.
    Section 902.02 currently provides a cap of $500,000 for all fees
(including both initial listing fees and annual fees) payable by any
issuer during a calendar year. Under the proposed amendment, the total
fees payable by an issuer that lists upon emergence from bankruptcy
will be subject to a separate fee cap. Annual fees for any such issuer
will be calculated quarterly for the fiscal quarter in which such
issuer lists and in each of the succeeding 12 full fiscal quarters, at
a rate of one-fourth of the applicable annual fee rate. The total fees
(including initial listing fees and annual fees) that may be billed to
such issuer during this period will be subject to a $25,000 cap in the
fiscal quarter in which the issuer lists and in each of the succeeding
12 full fiscal quarters. This fee cap will subject to the same
exclusions that apply in relation to the $500,000 per year fee cap
described in Section 902.02 under the heading ``Total Maximum Fee
Payable in a Calendar Year.'' If there are one or more fiscal quarters
remaining in the year after the conclusion of the period described in
this paragraph, the issuer will, on a prorated basis, be billed the
regular annual fee subject to the $500,000 total fee cap for the
remainder of that year.
    The proposed rule change will not affect the Exchange's commitment
of resources to its regulatory oversight of the listing process or its
regulatory programs. Specifically, companies that benefit from the
waivers will be reviewed for compliance with Exchange listing standards
in the same manner as any other company that applies to be listed on
the Exchange. The Exchange will conduct a full and independent review
of each issuer's compliance with the Exchange's listing standards.
    In the case of companies listing upon emergence from bankruptcy,
the Exchange believes that the initial listing fee waiver and proposed
separate fee cap are justified by such companies' unique circumstances.
Companies emerging from bankruptcy are typically not raising any new
capital at the time of listing, so the payment of initial listing fees
is more burdensome than for companies that are listing upon an initial
public offering. Also, because of the desire in bankruptcy proceedings
to ensure that creditors are paid as much as possible, such companies
are much more sensitive to both the initial and continued costs
associated with listing. It is frequently difficult for such companies
to assess what those costs are going to be until quite close to their
emergence from bankruptcy, as the number of shares that will be issued
(and therefore the related listing fees) are a significant variable in
the negotiation of the bankruptcy settlement. As (a) bankrupt companies
face unique challenges in the listing process, (b) the number of
companies that will benefit from the fee waiver and lower fee cap
applicable to bankrupt companies will be very limited, and (c) the fee
cap will apply only to a three-year transitional period, the Exchange
does not believe that the treatment this proposal would afford to
bankrupt companies constitutes an inequitable or unfairly
discriminatory allocation of fees.
    The Exchange anticipates that a significant percentage of potential
listings of companies that have a registered class of common stock but
that are not currently listed on a national securities exchange will be
formerly listed companies that were delisted as a result of a failure
to timely file annual reports with the Commission. These are companies
that were otherwise in good standing with the Exchange or with another
national securities exchange, but fell behind on their reporting
obligations under the Act because their auditors or the Commission
required restatements of their financial statements. These companies
will re-list on the Exchange as soon as their filings are up to date.
The Exchange believes that waiving initial listing fees for these
companies is appropriate and does not constitute an inequitable or
unfairly discriminatory allocation of fees, as such companies had
previously paid initial listing fees to the Exchange or to another
national securities exchange, and to make them pay these fees again
would further penalize them unnecessarily.
    The Exchange does not expect the financial impact of this proposed
rule change to be material, either in terms of increased levels of
annual fees from transferring issuers or in terms of diminished initial
listing fee revenues. A very limited number of companies are qualified
and seek to list on the Exchange that are either emerging from
bankruptcy or have a registered class of common stock but are not
currently listed on another market. Accordingly, the proposed rule
change will not impact the Exchange's resource commitment to its
regulatory oversight of the listing process or its regulatory programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirement under Section 6(b)(4) \4\ of the Act that an
exchange have rules that provide for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities and the requirement under Section 6(b)(5)
\5\ of Act that an exchange have rules that are designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and that are not designed to permit unfair
discrimination between issuers. In light of the unique circumstances of
companies emerging from bankruptcy and the likelihood that many
companies listing that have a registered class of common stock but are
not listed on another market will be previously listed companies
delisted as late filers, the Exchange believes that the proposed fee
waiver does not render the allocation of its listing fees inequitable
or unfairly discriminatory.
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    \4\ 15 U.S.C. 78f(b)(4).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-19 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2007-19. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2007-19 and should be submitted on or before April 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-4587 Filed 3-13-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75349-75350]
[FR Doc No: 2020-26052]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2020-0014; OMB No. 1660-0132]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Consolidated FEMA-National Training and
Education Division (NTED) Level 3 Training Evaluation Forms

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: 30 Day notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a
reinstatement, with change, of a previously approved information
collection for which approval has expired. The reinstatement includes
minor changes to survey questions in order for the agency to better
assess changes to students' behaviors on the job. In accordance with
the Paperwork Reduction Act of 1995, this notice seeks comments
concerning the use of the three separate Kirkpatrick Training Program
Evaluation Level 3 instruments by three geographically separated
National Training and Education (NTED) Training Organizations: The
Training Partners Program Branch (TPP) located at FEMA Headquarters,
Washington, DC, the Center for Domestic Preparedness (CDP) located in
Anniston, AL, and the Emergency Management Institute (EMI) located in
Emmitsburg, MD.

DATES: Comments must be submitted on or before December 28, 2020.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: For any questions, please contact
Dalia Abdelmeguid at<EMAIL_ADDRESS>or via phone<PHONE_NUMBER>.
You may contact the Information Management Division for copies of the
proposed collection of information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    While these three instruments contain five common questions or data
sets, other questions are required due to unique occupational and
operational needs of their respective customers and the different
course/program content or subject material that is designed to develop
interoperable National Preparedness Core Capabilities, Community
Lifelines, and/or Recovery Sector capabilities across and among various
responder communities. Level 3 data is used to measure and monitor
transfer or retention of knowledge, skills and abilities obtained
during training to the students' work environment and/or organizational
work environment. Data collected is utilized to continuously improve
course material, delivery and to inform key stakeholders on course/
program performance in accordance with the Government Performance and
Results Act (GPRA) Modernization Act of 2010 (GPRAMA).
    FEMA will submit the information collection abstracted below to the
Office of Management and Budget for review and clearance in accordance
with the requirements of the Paperwork Reduction Act of 1995. The
submission will describe the nature of the information collection, the
categories of respondents, the estimated burden (i.e., the time, effort
and resources used by respondents to respond) and cost, and the actual
data collection instruments FEMA will use.
    In support of Presidential Policy Directive (PPD-8) National
Preparedness, the National Preparedness Goal (NPG) and National
Preparedness System (NPS) FEMA's NTED provides program oversight of
three geographically separated training organizations: TPP in
Washington DC, CDP in Anniston, AL, and EMI in Emmitsburg, MD. These
organizations with the National Domestic Preparedness Consortium (NDPC)
and the Continuing Training Grant (CTG) members comprise the National
Training and Education System (NTES) and are organized to optimize the
6 U.S.C. 748 required National Training Program on behalf of the FEMA
Administrator in collaboration with other Federal agencies. Working
collectively as a NTES, the training capabilities and capacity of the
Nation increase the planning, capability and capacity to design,
develop, deliver and evaluate training and education solutions to build
sustainable and interoperable National Core Capabilities, Community
Lifelines, and Recovery Sectors that prevent, protect, mitigate,
respond and recover the Nation from acts of terrorism and natural
disasters.

    As part of the Federal Government, FEMA's NTED and component
organizations have developed these training evaluation instruments to
measure their individual and collective program performance as required
by the GPRA Modernization Act of 2010. Paragraph(a) of 31 U.S.C. 1115
covers Federal Government and Agency Performance Plans while paragraph
(b) covers Agency Performance Plans (6) requires a balanced set of
performance indicators to be used in measuring or assessing progress
toward each performance goal, including, as appropriate, customer
service, efficiency, output, and outcome indicators.
    This information collection expired on February 28, 2019. FEMA is
requesting a reinstatement, with change, of a previously approved
information collection for which approval has expired.
    This proposed information collection previously published in the
Federal Register on May 26, 2020, at 85 FR 31538 with a 60-day public
comment period. FEMA received two non-germane comments. FEMA is
requesting a reinstatement, with change, of a previously approved
information collection for which approval has expired. The purpose of
this notice is to notify the public that FEMA will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance.

Collection of Information

    Title: Consolidated FEMA-National Training and Education Division
(NTED) Level 3 Training Evaluation Forms.
    Type of information collection: Reinstatement, with change, of a
previously approved collection for which approval has expired.
    OMB Number: 1660-0132
    Form Titles and Numbers: FEMA Form 016-0-2, Post Course Assessment
National Training & Education Division, Training Partners Program
(TPP); FEMA Form 092-0-2A, PER-220 Field Force Operations (FFO) Post-
Graduate Questionnaire for Students; FEMA Form 092-0-2B, PER-220 Field
Force Operations (FFO) Post-Graduate Training Evaluation for
Supervisors; and FEMA Form 519-0-1, Emergency Management Institute
(EMI): FEMA Follow-up Evaluation Survey.
    Abstract: This data collection is required in support of GPRAMA
2010 Section 115 to provide National Preparedness Training Program
performance evaluation data to FEMA; DHS Executives; Congress; and
State, local, Tribal and territorial (SLTT) elected officials. This
instrument is part of a larger training program evaluation collection
that applies the Kirkpatrick Training Evaluation Model. Respondents
include SLTT emergency responders from Law Enforcement, Emergency
Medical and Public Health communities.
    Affected Public: State, local, Tribal, and territorial employees.
Others include non-profits and Federal Emergency Support Function Lead
Agency employees.
    Estimated Number of Respondents: 124,692.
    Estimated Number of Responses: 124,692.
    Estimated Total Annual Burden Hours: 31,173.
    Estimated Total Annual Respondent Cost: $1,489,450.
    Estimated Respondents' Operation and Maintenance Costs: N/A.
    Estimated Respondents' Capital and Start-Up Costs: N/A.
    Estimated Total Annual Cost to the Federal Government: $168,913.

Comments

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

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2020-26052 Filed 11-24-20; 8:45 am]
BILLING CODE 9111-53-P


[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67540-67541]
[FR Doc No: 2014-26850]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0133]

Agency Information Collection Activities; New Information
Collection: State Commercial Driver's License Program Plan

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The FMCSA requests
approval of a new ICR titled, ``State Commercial Driver's License
Program Plan.'' as a result of requirements from Section 32305 of the
Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law
112-141, dated July 6, 2012. The Act requires States to submit a plan
to the Secretary describing the actions the State will take to address
any deficiencies in the State's commercial driver's license (CDL)
program, as identified by the Secretary in the most recent audit of the
program. This ICR is needed to ensure that the States are complying
with notification and recordkeeping requirements for information
related to testing, licensing, violations, convictions and
disqualifications and that the information is accurate, complete and
transmitted and recorded within certain time periods as required by the
Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.

DATES: We must receive your comments on or before January 12, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2014-0133 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Services; U.S. Department of Transportation,
1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140,
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Gordon, Office of State
Programs, Commercial Driver's License Division (MC-ESL),, Federal Motor
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey
Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The FMCSA is responsible for compliance and oversight
of State Drivers Licensing Agencies (SDLAs). SDLAs are required to
comply with the requirements of 49 CFR Part 384, titled ``State
Compliance with Commercial Driver's License Program.'' Section 32305 of
MAP-21 amends 49 U. S.C. 31311 by adding paragraph (d) State Commercial
Driver's License Program Plan requirements. In paragraph (d)(1), a
State shall submit a plan to the Secretary of Transportation for
complying with the requirements under this section during the period
beginning on the date the plan is submitted and ending on September 30,
2016. In paragraph (d)(2), a plan submitted by a State under paragraph
(d)(1) shall identify--(A) the actions that the State will take to
address any deficiencies in the State's Commercial Driver's License
Program, as identified by the Secretary in the most recent audit of the
program; and (B) other actions that the State will take to comply with
the requirements under subsection (a). Paragraph (d)(3) establishes the
following: ``(A) Implementation Schedule--A plan submitted by a State
under paragraph (d)(1) shall include a schedule for the implementation
of the actions identified under paragraph (d)(2). In establishing the
schedule, the State shall prioritize actions to address any
deficiencies highlighted by the Secretary as critical in the most
recent audit of the program. (B) Deadline for Compliance with the
requirements.--A plan submitted by a State under paragraph (1) shall
include assurances that the State will take the necessary actions to
comply with the requirements of subsection (a) not later than September
30, 2015.
    This collection of information supports the DOT strategic goal of
safety by requiring the States to assure that drivers of CMVs are
properly licensed according to all applicable Federal requirements
    States will be required to complete a Commercial Driver's License
Program Plan using a spreadsheet or pdf document that will be provided
by FMCSA to each SDLA. The plan will be completed by the State and
provided to FMCSA's CDL Division via the Automated Compliance Review
System (ACRS), for review and concurrence. FMCSA may reject a State's
Commercial Driver's License Program Plan if it is determined to be
deficient by not adequately addressing the State's deficiencies, and/or
assurances. Within the plan, the State will identify any deficiencies
from the most recent audit and will be required to provide detailed
information to demonstrate how the State will obtain compliance with
Section 32305(a) of MAP-21 by September 30, 2015 and remain in
compliance through September 30, 2016. This will enable FMCSA to
determine a State's level of compliance with the CDL requirements.
Previous to

MAP-21, there was no requirement for a SDLA to submit a Commercial
Driver's License Program Plan.
    The spreadsheet was developed by FMCSA. The spreadsheet will be
sent to each SDLA. The SDLA will complete the spreadsheet and send
directly to FMCSA via electronic transmission. FMCSA will then review
each plan to assess each State's level of compliance with the CDL
requirements. The spreadsheets will then be uploaded into FMCSA's
Automated Compliance Review System (ACRS). Appropriate feedback will be
provided from MC-ESL to each State after review.
    Title: State Commercial Driver's License Program Plan.
    OMB Control Number: 2126-00XX.
    Type of Request: New collection.
    Respondents: State Driver Licensing Agencies (SDLAs).
    Estimated Number of Respondents: 51 State respondents.
    Estimated Time per Response: 40 hours per SDLA.
    Expiration Date: New collection.
    Frequency of Response: One-time effort.
    Estimated Total Annual Burden: 2,040 hours.
    FMCSA estimates that each SDLA would need approximately 40 hours to
complete the State Commercial Driver's License Program Plan and submit
it to FMCSA. The Program Plan is completed on a one-time basis as
required by section 32305 of MAP-21. There is no continuing information
collection function associated with submitting this Program Plan. The
Program Plan asks for information which is readily available to the
filer.
    For the purposes of the CDL program, the District of Columbia is
considered a State. Therefore, there are 51 State responses with an
estimated 40 hours per response to complete and submit the Program Plan
to FMCSA.
    The FMCSA estimates the SDLAs total annual burden is 2,040 hours
(51 responses x 40 hours = 2,040 hours).
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on: November 4, 2014.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology and Chief Information Officer.
[FR Doc. 2014-26850 Filed 11-12-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7938-7940]
[FR Doc No: 2010-3096]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1027; Directorate Identifier 2009-NM-143-AD;
Amendment 39-16197; AD 2010-04-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series
705), and CL-600-2D24 (Regional Jet Series 900) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    There have been several in-service cases reported of impact
damage to the blowout (decompression) panel protective cage
assemblies installed in the aft baggage cargo compartment. When
damaged, these cages could prevent proper operation of the blowout
panels, with potential degradation of smoke detection and fire
extinguishing capabilities in the event of a fire.

* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective March 30, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 30,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Craig Yates, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 5, 2009 (74
FR 57264). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    There have been several in-service cases reported of impact
damage to the blowout (decompression) panel protective cage
assemblies installed in the aft baggage cargo compartment. When
damaged, these cages could prevent proper operation of the blowout
panels, with potential degradation of smoke detection and fire
extinguishing capabilities in the event of a fire.
    This directive mandates replacement of the existing cages with
new cages that have greater damage resistance.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Conclusion

    We reviewed the available data, and determined that air safety and
the public interest require adopting the AD

with the change described previously. We determined that this change
will not increase the economic burden on any operator or increase the
scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 361 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $1,263 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $517,313, or $1,433 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-04-04 Bombardier, Inc.: Amendment 39-16197. Docket No. FAA-
2009-1027; Directorate Identifier 2009-NM-143-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD; certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10003 through 10268,
inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
airplanes; and Bombardier, Inc. Model CL-600-2D24 (Regional Jet
Series 900) airplanes; serial numbers 15001 through 15205,
inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    There have been several in-service cases reported of impact
damage to the blowout (decompression) panel protective cage
assemblies installed in the aft baggage cargo compartment. When
damaged, these cages could prevent proper operation of the blowout
panels, with potential degradation of smoke detection and fire
extinguishing capabilities in the event of a fire.
    This directive mandates replacement of the existing cages with
new cages that have greater damage resistance.

Actions and Compliance

    (f) Unless already done, within 5,000 flight hours after the
effective date of this AD, replace the existing cage assemblies in
the aft baggage cargo compartment, in accordance with Bombardier
Service Bulletin 670BA-25-071, dated May 15, 2009.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, ANE-170, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to ATTN: Program Manager,
Continuing Operational Safety, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective

actions are considered FAA-approved if they are approved by the
State of Design Authority (or their delegated agent). You are
required to assure the product is airworthy before it is returned to
service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-30,
dated July 6, 2009; and Bombardier Service Bulletin 670BA-25-071,
dated May 15, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 670BA-25-071, dated
May 15, 2009, to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone:<PHONE_NUMBER>; fax: 514-
855-7401; e-mail<EMAIL_ADDRESS>Internet: http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 4, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-3096 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Page 2441]
[FR Doc No: 2014-00454]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2013-0549; FRL-9904-10-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Notification of Episodic Releases of Oil and
Hazardous Substances (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Notification of Episodic
Releases of Oil and Hazardous Substances (Renewal)'' to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through March 31, 2014. Public comments
were previously requested via the Federal Register (78 FR 49265) on
August 13, 2013, during a 60-day comment period. This notice allows for
an additional 30 days for public comments. A fuller description of the
ICR is given below, including its estimated burden and cost to the
public. 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: Additional comments may be submitted on or before February 13,
2014

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2013-0549, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    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: Lynn M. Beasley, Office of Emergency
Management, (5104A), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; 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.
    EPA ICR #: 1049.13.
    OMB Control #: 2050-0046.
    Abstract: Section 103(a) of CERCLA, as amended, requires the person
in charge of a facility or vessel to immediately notify the National
Response Center (NRC) of a hazardous substance release into the
environment if the amount of the release equals or exceeds the
substance's reportable quantity (RQ) limit. The RQ of every hazardous
substance can be found in Table 302.4 of 40 CFR 302.4.
    Section 311 of the CWA, as amended, requires the person in charge
of a vessel to immediately notify the NRC of an oil spill into U.S.
navigable waters if the spill causes a sheen, violates applicable water
quality standards, or causes a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines.
    The reporting of a hazardous substance release that is at or above
the substance's RQ allows the Federal government to determine whether a
Federal response action is required to control or mitigate any
potential adverse effects to public health or welfare or the
environment. Likewise, the reporting of oil spills allows the Federal
government to determine whether cleaning up the oil spill is necessary
to mitigate or prevent damage to public health or welfare or the
environment.
    Form numbers: None.
    Respondents/affected entities: Private entities.
    Respondent's obligation to respond: Mandatory CERCLA section
103(a); CWA section 311.
    Estimated number of respondents: 23,864.
    Frequency of response: On occasion.
    Total estimated burden: 97,842 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $3,320,485 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the estimates: There is a decrease of 726 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is because the projected number of
release notifications per annum in this ICR is less than the number of
release notifications per annum in the previous ICR. Projections are
based on the number of actual releases reported in the prior three year
period.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2014-00454 Filed 1-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18374-18376]
[DOCID:fr22ap09-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0186; FRL-8410-7]

Clomazone and Fomesafen Registration Review Draft Ecological Risk
Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's draft
ecological risk assessments for the registration review of both
clomazone and fomesafen and opens a public comment period on these
documents. At the same time, EPA is initiating consultation for
clomazone and fomesafen with the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service regarding potential effects to
species listed as endangered or threatened under the Endangered Species
Act. Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed comprehensive draft ecological risk
assessments, including endangered species effects determinations, for
all clomazone and fomesafen uses. After reviewing comments received
during the public comment period, EPA will issue final risk
assessments, explain any changes from the draft risk assessments, and
respond to comments. Once the ecological risk assessments have been
finalized, the Agency will issue its proposed registration review
decisions for these pesticides and seek public comment on any proposed
risk mitigation. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before June 22, 2009.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID numbers listed
in the table in Unit III.A. for the pesticides you are commenting on.
EPA's policy is that all comments received will be included in the
docket without change and may be made available on-line at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: The chemical review manager identified in the table in Unit
III.A. for the pesticide of interest.
    For general questions on the registration review program, contact:
Kevin Costello, Special Review and Reregistration Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number:<PHONE_NUMBER>; e-mail address:
costello.kevin @epa.gov.
    For general questions on OPP's Endangered Species Protection
Program, contact: Arty Williams, Environmental Fate and Effects
Division (7507P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER> ; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does This Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farmworker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Authority

    EPA is conducting its registration review of clomazone and
fomesafen pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Procedural Regulations
for Registration Review at 40 CFR part 155, subpart C. Section 3(g) of
FIFRA provides, among other things, that the registrations of
pesticides are to be reviewed every 15 years. Under FIFRA section 3(a),
a pesticide product may be registered or remain registered only if it
meets the statutory standard for registration given in FIFRA section
3(c)(5). When used in accordance with widespread and commonly
recognized practice, the pesticide product must perform its intended
function without unreasonable adverse effects on the environment; that
is, without any unreasonable risk to man or the environment, or a human
dietary risk from residues that result from the use of a pesticide in
or on food.

III. Registration Reviews

 What Action is the Agency Taking?

    As directed by FIFRA section 3(g), EPA is reviewing registered
pesticides containing clomazone or fomesafen to ensure that they
continue to satisfy the FIFRA standard for registration--that is, that
these pesticides can still be used without unreasonable adverse effects
on human health or the environment. Clomazone is a broad spectrum
herbicide used to control annual grasses and broadleaf weeds in a wide
variety of crops and locations. EPA has completed a comprehensive draft
ecological risk assessment, including an endangered species effects
determination, for all clomazone uses. Fomesafen is a pre-plant, pre-
emergence and post-emergence herbicide used on soybeans, snap beans,
dry beans, and cotton to control broadleaf weeds, grasses, and sedges.
It is also registered for use on agricultural fallow/idle land,
nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and
pine (seed orchard). EPA has completed a comprehensive draft ecological
risk assessment, including an endangered species effects determination
for all fomesafen uses.
    At present, EPA is announcing the availability of EPA's draft
ecological risk assessments for the cases identified in the following
table and is opening the public comment period on these documents.

                        Table--Registration Review Cases with Ecological Risk Assessments
----------------------------------------------------------------------------------------------------------------
Registration
 Review Case                                               Chemical Review Manager,
  Name and                 Docket ID Number                Telephone Number, E-mail
   Number                                                           Address
-------------------------------------------------------------------------------------
Clomazone     EPA-HQ-OPP-2006-0113                       Karen Santora, (703) 347-
   (Case                                                  8781
 No.7203<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------
Fomesafen     EPA-HQ-OPP-2006-0239                       Wilhelmena Livingston, (703)
   (Case                                                  308-8025
 No.7211<EMAIL_ADDRESS>                                                          v
----------------------------------------------------------------------------------------------------------------

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft ecological risk
assessments for clomazone and fomesafen. Such comments and input could
address, among other things, the Agency's risk assessment methodologies
and assumptions, as applied to these draft risk assessments. The Agency
will consider all comments received during the public comment period
and make changes, as appropriate, to the draft ecological risk
assessments. EPA will then issue revised risk assessments, explain any
changes to the draft ecological risk assessments, and respond to
comments. Once the ecological risk assessments have been finalized, the
Agency will issue its proposed registration review decisions for these
pesticides and seek public comment on the proposed risk mitigation.
    Concurrent with opening the public comment periods for the draft
ecological risk assessments for clomazone and fomesafen, the Agency
will initiate consultation with the U.S. Fish and

Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS)
(jointly referred to as ``the Services'') regarding potential effects
from these pesticides to federally listed threatened or endangered
species (listed species) and habitat designated as critical to such
species. The result of consultation will be a biological opinion issued
by the Services that expresses whether they believe the pesticide's use
is likely to jeopardize the continued existence of any listed species
or destroy or adversely modify habitat designated as critical to any
listed species. If the Services determine there is likely jeopardy or
adverse modification, they will provide reasonable and prudent
alternatives to the action. If the Services conclude the action will
result in ``take'' of any individuals of a listed species, they will
specify reasonable and prudent measures to minimize such impact. The
Agency will review and consider both the public comments received on
the draft ecological risk assessments and, if provided, the information
in the Service's biological opinions when developing its proposed
registration review decisions.
    As described in detail in the ``Clomazone Summary Document
Registration Review: Initial Docket (January 2007), Section IV--Human
Health Effects Scoping Document'' (see docket ID number EPA-HQ-OPP-
2006-0113), the Agency believes that the human health assessments
completed prior to registration review are adequate, and there are no
dietary risks that exceed the Agency's level of concern. In addition,
there are no residential uses of clomazone and all worker margins of
exposure (MOEs) are below the Agency's level of concern. Thus, no
additional human health data are needed for the registration review of
clomazone.
    Also, as described in detail in the ``Fomesafen Summary Document
Registration Review: Initial Docket (March 2007), Section IV - Human
Health Effects Scoping Document'' (see docket ID number EPA-HQ-OPP-
2006-0239), the Agency believes that the human health assessments
completed prior to registration review are adequate and there are no
dietary risks that exceed the Agency's level of concern. In addition,
there are no residential uses of fomesafen. The occupational scenarios
do not result in risk concerns, with the exception of inhalation risks
to mixer/loaders for aerial application. This risk was mitigated below
the Agency's level of concern with the following change that is
currently on the label: ``In addition, for aerial applications, mixers
and loaders handling more than 140 gallons of Reflex Herbicide in any
single workday must wear dust/mist filtering NIOSH-approved respirator
with any N, R, P, or HE filter.''
    1. Other related information. More information on EPA's review of
these cases is available on the Registration Review Status web page,
http://www.epa.gov/oppsrrd1/registration_review/reg_review_
status.htm. Information such as the active ingredients in each case,
may be found in the registration review schedule on the Agency's
website at http://www.epa.gov/oppsrrd1/registration_review/
schedule.htm. Information on the Agency's registration review program
and its implementing regulation is available at http://www.epa.gov/
oppsrrd1/registration_review.
     2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

List of Subjects

    Environmental protection, Registration review, Pesticides and
pests.

    Dated: April 13, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Review Program.
[FR Doc. E9-9231 Filed 4-21-09; 8:45 am]

BILLING CODE 6560-50-S