[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13638-13640]
[FR Doc No: 2018-06466]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0235]
RIN 1625-AA08

Special Local Regulation; Wyandotte Rowing Regatta; Detroit
River, Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Trenton Channel, Wyandotte, MI.
This action is necessary and is intended to ensure safety of life on
navigable waters to be used for a rowing event immediately prior to,
during, and immediately after this event.

DATES: This temporary final rule is effective from 8 a.m. until 11 a.m.
on April 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0235 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
COTP Captain of the Port
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this rowing event
until there was insufficient time remaining before the event to publish
an NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event. We are issuing this rule
under 5 U.S.C. 553(d)(3), as the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register for the same reason noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Detroit (COTP) has determined that the
likely combination of recreation vessels, commercial vessels, and an
unknown number of spectators in close proximity to a youth rowing
regatta along the water pose extra and unusual hazards to public safety
and property. Therefore, the COTP is establishing a Special Local
Regulation around the event location to help minimize risks to safety
of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 8
a.m. until 11 a.m. on April 21, 2018. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: All waters of
the Detroit River, Trenton Channel between the following two lines
going from bank-to-bank: The first line is drawn directly across the
channel from position 42[deg]11.0' N, 083[deg]09.4' W (NAD 83); the
second line, to the north, is drawn directly across the channel from
position 42[deg]11.7' N, 083[deg]08.9' W (NAD 83).
    An on-scene representative of the COTP may permit vessels to
transit the area when no race activity is occurring. The on-scene
representative may be present on any Coast Guard, state, or local law
enforcement vessel assigned to patrol the event. Vessel operators
desiring to transit through the regulated area must contact the Coast
Guard Patrol Commander to obtain permission to do so. The COTP or his
designated on-scene representative may be contacted via VHF Channel 16
or at<PHONE_NUMBER>.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is

necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13771 directs agencies to control regulatory costs
through a budgeting process. This rule has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 8 a.m. to 11 a.m. April 21, 2018. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the special local regulation and the rule allows
vessels to seek permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a special local regulation lasting four hours that will prohibit entry
into a designated area. It is categorically excluded from further
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.T09-0235 to read as follows:

Sec.  100.T09-0235  Special Local Regulation; Wyandotte Rowing Regatta;
Detroit River, Trenton Channel, Wyandotte, MI.

    (a) Location. A regulated area is established to encompass the
following waterway: All waters of the Detroit River, Trenton Channel
between the following two lines going from bank-to-bank: The first line
is drawn directly across the channel from position 42[deg]11.0' N,
083[deg]09.4' W (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N, 083[deg]08.9'
W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 8 a.m. until 11 a.m. on April 21, 2018.

    (c) Special local regulations. (1) Vessels transiting through the
regulated area are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
    (3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP Detroit or his on-scene
representative to obtain permission to enter or operate within the
special local regulation. The COTP Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the COTP Detroit
or his on-scene representative.

    Dated: March 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-06466 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44385-44386]
[FR Doc No: 2021-17201]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2156]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before November 10, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2156, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, 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 other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after

FEMA and local communities have been engaged in a collaborative
consultation process for at least 60 days without a mutually acceptable
resolution of an appeal. Additional information regarding the SRP
process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
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             Coconino County, Arizona and Incorporated Areas
          Project: 17-09-1408S Preliminary Date: June 30, 2020
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City of Sedona.........................  Community Development
                                          Department, 102 Roadrunner
                                          Drive, Sedona, AZ 86336.
Unincorporated Areas of Coconino County  Coconino County, Community
                                          Development Department, 2500
                                          North Fort Valley Road,
                                          Building 1, Flagstaff, AZ
                                          86001.
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             Yavapai County, Arizona and Incorporated Areas
          Project: 17-09-1408S Preliminary Date: June 30, 2020
------------------------------------------------------------------------
City of Sedona.........................  Community Development
                                          Department, 102 Roadrunner
                                          Drive, Sedona, AZ 86336.
Unincorporated Areas of Yavapai County.  Yavapai County, Flood Control
                                          District, 1120 Commerce Drive,
                                          Prescott, AZ 86305.
------------------------------------------------------------------------
              Klamath County, Oregon and Incorporated Areas
          Project: 17-10-0391S Preliminary Date: April 30, 2020
------------------------------------------------------------------------
City of Bonanza........................  City Hall, 2900 4th Avenue,
                                          Bonanza, OR 97623.
City of Chiloquin......................  City Hall, 127 South First
                                          Avenue, Chiloquin, OR 97624.
City of Klamath Falls..................  Land Use Planning Office, 226
                                          South Fifth Street, Klamath
                                          Falls, OR 97601.
City of Merrill........................  City Hall, 301 East 2nd Street,
                                          Merrill, OR 97633.
The Klamath Tribes.....................  Klamath Tribes Administration,
                                          501 Chiloquin Boulevard,
                                          Chiloquin, OR 97624.
Unincorporated Areas of Klamath County.  Klamath County, Community
                                          Development Office, 305 Main
                                          Street, Klamath Falls, OR
                                          97601.
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[FR Doc. 2021-17201 Filed 8-11-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3820-3821]
[DOCID:fr26ja07-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RR06-3-002]

North American Electric Reliability Council, North American
Electric Reliability Corporation; Notice of Filing

January 17, 2007.
    Take notice that on December 22, 2006, North American Electric
Reliability Corporation submitted a compliance filing regarding the
organization and structure of its accounting and recordkeeping systems
pursuant to the Commission's October 24, 2006 order in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: January 29, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-1132 Filed 1-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Rules and Regulations]
[Pages 65897-65901]
[FR Doc No: 2014-26321]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 22

[EPA-HQ-OECA-2014-0551; FRL-9914-32-OECA]
RIN 2020-AA50

Consolidated Rules of Practice Governing the Administrative
Assessment of Civil Penalties, Issuance of Compliance or Corrective
Action Orders, and the Revocation, Termination or Suspension of Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This direct final rule revises the scope of the Environmental

Protection Agency's (EPA) Consolidated Rules of Practice governing the
administrative assessment of civil penalties to encompass the
assessment of civil penalties under the air pollution control
provisions of the Act to Prevent Pollution from Ships. The EPA has not
previously established adjudicatory procedures for the assessment of
civil penalties under that statute. Establishment of such procedures
will provide for the efficient and effective adjudication, including
administrative appeals, of such proceedings consistent with statutory
requirements. This rule also revises the address for the Environmental
Appeals Board to reflect its relocation to the William Jefferson
Clinton East Building.

DATES: This rule is effective on January 5, 2015 without further
notice, unless the EPA receives adverse comment by December 8, 2014. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2014-0551, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Environmental Protection Agency, OECA Docket, Mail-Code
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    5. Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 3334,
1301 Constitution Ave. NW., Washington, DC 20004. Attention Docket No.
EPA-HQ-OECA-2014-0551. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2014-0551. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov
your email address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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. For
additional information about the EPA's public docket visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For
additional instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or at the EPA Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OECA
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Meetu Kaul, Office of Enforcement and
Compliance Assurance, U.S. Environmental Protection Agency, William
Jefferson Clinton Building South, Room 1117B, 1200 Pennsylvania Ave.
NW., Mail Code 2242A, Washington, DC 20460, phone number<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final rule?

    The EPA is publishing this rule in advance of receipt of public
comment on the companion proposed rule because the EPA anticipates that
this rule is noncontroversial and does not anticipate adverse comment.
In the ``Proposed Rules'' section of this Federal Register, the EPA is
publishing an otherwise identical companion proposed rule to invite
public comment on the provisions of this direct final rule. Any parties
interested in commenting on the provisions of the proposed rule must do
so at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document. If the EPA receives adverse
comment, the EPA will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. The EPA would address adverse comments received either in that
notice or in a subsequent final rule based on the proposed rule.

II. Does this action apply to me?

    This action may affect parties involved in EPA administrative
adjudicatory proceedings for the assessment of civil penalties under
section 1908(b) of the Act to Prevent Pollution from Ships (33 U.S.C.
1908(b)). You may direct questions regarding the applicability of this
action as noted in FOR FURTHER INFORMATION CONTACT.

III. What should I consider as I prepare my comments for EPA?

A. Submitting CBI

    Do not submit this information to the EPA through
www.regulations.gov or email. 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.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     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.

     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

IV. Summary of Rule

A. EPA's Consolidated Rules of Practice Governing Adjudication of
Administrative Penalty Assessments

    The EPA is authorized to institute administrative enforcement
proceedings against alleged violators under a variety of environmental
statutes, including the Clean Air Act, the Clean Water Act, and the
Federal Insecticide, Fungicide, and Rodenticide Act, among others. Such
cases are generally heard by the Administrative Law Judges (ALJs)
within EPA's Office of Administrative Law Judges and by presiding
officers in administrative proceedings not governed by section 554 of
the Administrative Procedure Act. The federal regulations that govern
the proceedings before the ALJs and presiding officers are codified at
40 CFR Part 22, entitled ``Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties, Issuance of Compliance or
Corrective Action Orders, and the Revocation, Termination or Suspension
of Permits'' (Rules of Practice). The EPA promulgated the Rules of
Practice to establish uniform procedural rules for administrative
enforcement proceedings required to be held on the record after
opportunity for a hearing in accordance with section 554 of the
Administrative Procedure Act, 5 U.S.C. 551 et seq. The Rules of
Practice also establish uniform procedural rules for proceedings not
governed by section 554 of the Administrative Procedure Act.
Additionally, the Rules of Practice establish procedures for appeals
from decisions of the ALJs and presiding officers to the Environmental
Appeals Board. The purpose of this action is to apply the Rules of
Practice to include adjudicatory proceedings for the assessment of
civil penalties by the EPA under its Act to Prevent Pollution from
Ships authority. This rule also revises the mailing and hand delivery
address for the Environmental Appeals Board (EAB or Board) to reflect
the Board's relocation.

B. The Act To Prevent Pollution From Ships (APPS)

    The International Convention for the Prevention of Pollution from
Ships (MARPOL) is the primary international treaty applicable to
prevention of pollution of the marine environment by ships from
operational or accidental causes. Annex VI to MARPOL addresses the
prevention of air pollution from ships through the use of both engine-
based and fuel-based standards. MARPOL is implemented in the United
States through the Act to Prevent Pollution from Ships (APPS), 33
U.S.C. 1901-1915. The provisions of APPS implementing certain
provisions of MARPOL Annex VI are jointly administered and enforced by
the U.S. Coast Guard and the EPA. Under the authority of APPS, the EPA,
in consultation with the U.S. Coast Guard, promulgated regulations
codifying the requirements specified in Regulations 13, 14 and 18 of
Annex VI and addressing issues, for example, relating to nonparty
vessel compliance. See 40 CFR Part 1043. Section 1907(f) of APPS
authorizes the EPA to enforce regulations 17 and 18 of Annex VI for
cases involving shoreside violations, and for any other matters that
have been referred to the EPA by the U.S. Coast Guard. In addition,
section 1908(b) of APPS authorizes the U.S. Coast Guard or the EPA to
assess civil penalties against persons who have been found, after
notice and an opportunity for a hearing, to have violated MARPOL, APPS,
or the implementing regulations. In order to provide consistency and
uniformity in all of EPA's administrative penalty proceedings, this
action would expand the scope of the EPA's Rules of Practice to also
apply to any administrative proceedings brought by the EPA under its
APPS authority for the assessment of civil penalties.

V. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Review and 13563:
Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action will apply the Rules
of Practice to adjudicatory proceedings for the assessment of civil
penalties by the EPA under its Act to Prevent Pollution from Ships
authority, and will revise the mailing and hand delivery address for
the EAB to reflect the Board's relocation.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of this rule on small entities, small entity
is defined as: (1) A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of this rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This rule will not
impose any additional requirements on small entities. This rule will
apply the Rules of Practice to adjudicatory proceedings for the
assessment of civil penalties by the EPA under its Act to Prevent
Pollution from Ships authority, and will revise the mailing and hand
delivery address for the EAB to reflect the Board's relocation.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action

is not subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The purpose of this
action is to apply the Rules of Practice to adjudicatory proceedings
for the assessment of civil penalties by the EPA under its Act to
Prevent Pollution from Ships authority, and to revise the mailing and
hand delivery address for the EAB to reflect the Board's relocation.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. This action will apply the Rules of
Practice to adjudicatory proceedings for the assessment of civil
penalties by the EPA under its Act to Prevent Pollution from Ships
authority, and will revise the mailing and hand delivery address for
the EAB to reflect the Board's relocation. Thus, Executive Order 13132
does not apply to this action.

F. Executive Order 13175 Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will
apply the Rules of Practice to adjudicatory proceedings for the
assessment of civil penalties by the EPA under its Act to Prevent
Pollution from Ships authority, and will revise the mailing and hand
delivery address for the EAB to reflect the Board's relocation. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action will apply the Rules of Practice to
adjudicatory proceedings for the assessment of civil penalties by the
EPA under its Act to Prevent Pollution from Ships authority, and will
revise the mailing and hand delivery address for the EAB to reflect the
Board's relocation.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective 60 days after publication.

VI. Statutory Authority

    Statutory authority for this action comes from 1903 and 1908 of the
Act to Prevent Pollution from Ships (APPS) (33 U.S.C. 1901 et seq.).

List of Subjects in 40 CFR Part 22

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Hazardous waste,
Penalties, Pesticides and pests, Poison prevention, Water pollution
control.

    Dated: October 20, 2014.
Gina McCarthy,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 22 is amended
as follows:

PART 22--CONSOLIDATED RULES OF PRACTICE GOVERNING THE
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AND THE REVOCATION/
TERMINATION OR SUSPENSION OF PERMITS

0
1. The authority citation for part 22 continues to read as follows:

    Authority: 7 U.S.C. 136(l); 15 U.S.C. 2615; 33 U.S.C. 1319,
1342, 1361, 1415 and 1418; 42 U.S.C. 300g-3(g), 6912, 6925, 6928,
6991e and 6992d; 42 U.S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and
7607(a), 9609, and 11045.

Subpart A--General

0
2. Section 22.1 is amended by adding paragraph (a)(11) to read as
follows:

Sec.  22.1  Scope of this part.

    (a) * * *
    (11) The assessment of any administrative civil penalty under

section 1908(b) of the Act To Prevent Pollution From Ships (``APPS''),
as amended (33 U.S.C. 1908(b)).
* * * * *

0
3. Section 22.3, paragraph (a), is amended by revising the definition
for ``Clerk of the Board'' to read as follows:

Sec.  22.3  Definitions.

    (a) * * *
    Clerk of the Board means an individual duly authorized to serve as
Clerk of the Environmental Appeals Board.
* * * * *

0
4. Section 22.5, paragraph (a)(1), is amended by revising the third
sentence to read as follows:

Sec.  22.5  Filing, service, and form of all filed documents; business
confidentiality claims.

    (a) Filing of documents. (1) * * * Documents filed in proceedings
before the Environmental Appeals Board shall be sent to the Clerk of
the Board either by U.S. Mail (except by U.S. Express Mail) to U.S.
Environmental Protection Agency, Environmental Appeals Board, 1200
Pennsylvania Avenue NW., Mail Code 1103M, Washington, DC 20460-0001; or
delivered by hand or courier (including deliveries by U.S. Express Mail
or by a commercial delivery service) to U.S. Environmental Protection
Agency, Environmental Appeals Board, 1201 Constitution Avenue NW., WJC
East, Room 3332, Washington, DC 20004.* * *
* * * * *

Subpart F--Appeals and Administrative Review

0
5. Section 22.30, paragraph (a)(1), is amended by revising the first
sentence to read as follows:

Sec.  22.30  Appeal from or review of initial decision.

    (a) Notice of appeal. (1) Within 30 days after the initial decision
is served, any party may appeal any adverse order or ruling of the
Presiding Officer by filing an original and one copy of a notice of
appeal and an accompanying appellate brief with the Environmental
Appeals Board as set forth in Sec.  22.5(a).* * *
* * * * *
[FR Doc. 2014-26321 Filed 11-5-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 34029-34030]
[FR Doc No: 2019-15034]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
    Rule 7d-2, SEC File No. 270-464, OMB Control No. 3235-0527

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l-3520), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    In Canada, as in the United States, individuals can invest a
portion of their earnings in tax-deferred retirement savings accounts
(``Canadian retirement accounts''). These accounts, which operate in a
manner similar to individual retirement accounts in the United States,
encourage retirement savings by permitting savings on a tax-deferred
basis. Individuals who establish Canadian retirement accounts while
living and working in Canada and who later move to the United States
(``Canadian-U.S. Participants'' or ``participants'') often continue to
hold their retirement assets in their Canadian retirement accounts
rather than prematurely withdrawing (or ``cashing out'') those assets,
which would result in immediate taxation in Canada.
    Once in the United States, however, these participants historically
have been unable to manage their Canadian retirement account
investments. Most investment companies (``funds'') that are ``qualified
companies'' for Canadian retirement accounts are not registered under
the U.S. securities laws. Securities of those unregistered funds,
therefore, generally cannot be publicly offered and sold in the United
States without violating the registration requirement of the Investment
Company Act of 1940 (``Investment Company Act'').\1\ As a result of
this registration requirement, Canadian-U.S. Participants previously
were not able to purchase or exchange securities for their Canadian
retirement accounts as needed to meet their changing investment goals
or income needs.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 80a. In addition, the offering and selling of
securities that are not registered pursuant to the Securities Act of
1933 (``Securities Act'') is generally prohibited by U.S. securities
laws. 15 U.S.C. 77.
---------------------------------------------------------------------------

    The Commission issued a rulemaking in 2000 that enabled Canadian-
U.S. Participants to manage the assets in their Canadian retirement
accounts by providing relief from the U.S. registration requirements
for offers of securities of foreign issuers to Canadian-U.S.
Participants and sales to Canadian retirement accounts.\2\ Rule 7d-2
under the Investment Company Act \3\ permits foreign funds to offer
securities to Canadian-U.S. Participants and sell

securities to Canadian retirement accounts without registering as
investment companies under the Investment Company Act.
---------------------------------------------------------------------------

    \2\ See Offer and Sale of Securities to Canadian Tax-Deferred
Retirement Savings Accounts, Release Nos. 33-7860, 34-42905, IC-
24491 (June 7, 2000) [65 FR 37672 (June 15, 2000)]. This rulemaking
also included new rule 237 under the Securities Act, permitting
securities of foreign issuers to be offered to Canadian-U.S.
Participants and sold to Canadian retirement accounts without being
registered under the Securities Act. 17 CFR 230.237.
    \3\ 17 CFR 270.7d-2.
---------------------------------------------------------------------------

    Rule 7d-2 contains a ``collection of information'' requirement
within the meaning of the Paperwork Reduction Act of 1995.\4\ Rule 7d-2
requires written offering materials for securities offered or sold in
reliance on that rule to disclose prominently that those securities and
the fund issuing those securities are not registered with the
Commission, and that those securities and the fund issuing those
securities are exempt from registration under U.S. securities laws.
Rule 7d-2 does not require any documents to be filed with the
Commission.
---------------------------------------------------------------------------

    \4\ 44 U.S.C. 3501-3502.
---------------------------------------------------------------------------

    Rule 7d-2 requires written offering documents for securities
offered or sold in reliance on the rule to disclose prominently that
the securities are not registered with the Commission and may not be
offered or sold in the United States unless registered or exempt from
registration under the U.S. securities laws, and also to disclose
prominently that the fund that issued the securities is not registered
with the Commission. The burden under the rule associated with adding
this disclosure to written offering documents is minimal and is non-
recurring. The foreign issuer, underwriter, or broker-dealer can
redraft an existing prospectus or other written offering material to
add this disclosure statement, or may draft a sticker or supplement
containing this disclosure to be added to existing offering materials.
In either case, based on discussions with representatives of the
Canadian fund industry, the staff estimates that it would take an
average of 10 minutes per document to draft the requisite disclosure
statement.
    The staff estimates that there are 4,086 publicly offered Canadian
funds that potentially would rely on the rule to offer securities to
participants and sell securities to their Canadian retirement accounts
without registering under the Investment Company Act.\5\ The staff
estimates that all of these funds have previously relied upon the rule
and have already made the one-time change to their offering documents
required to rely on the rule. The staff estimates that 204 (5 percent)
additional Canadian funds would newly rely on the rule each year to
offer securities to Canadian-U.S. Participants and sell securities to
their Canadian retirement accounts, thus incurring the paperwork burden
required under the rule. The staff estimates that each of those funds,
on average, distributes 3 different written offering documents
concerning those securities, for a total of 612 offering documents. The
staff therefore estimates that 204 respondents would make 612 responses
by adding the new disclosure statement to 612 written offering
documents. The staff therefore estimates that the annual burden
associated with the rule 7d-2 disclosure requirement would be 102 hours
(612 offering documents x 10 minutes per document). The total annual
cost of these burden hours is estimated to be $42,330 (102 hours x $415
per hour of attorney time).\6\
---------------------------------------------------------------------------

    \5\ Investment Company Institute, 2019 Investment Company Fact
Book (2019) at 258, tbl. 66.
    \6\ The Commission's estimate concerning the wage rate for
attorney time is based on salary information for the securities
industry compiled by the Securities Industry and Financial Markets
Association (``SIFMA''). The $380 per hour figure for an attorney is
from SIFMA's Management & Professional Earnings in the Securities
Industry 2013, modified by Commission staff to account for an 1800-
hour work-year and inflation, and multiplied by 5.35 to account for
bonuses, firm size, employee benefits and overhead.
---------------------------------------------------------------------------

    These burden hour estimates are based upon the Commission staff's
experience and discussions with the fund industry. The estimates of
average burden hours are made solely for the purposes of the Paperwork
Reduction Act. These estimates are not derived from a comprehensive or
even a representative survey or study of the costs of Commission rules.
    Compliance with the collection of information requirements of the
rule is mandatory and is necessary to comply with the requirements of
the rule in general. An agency may not conduct or sponsor, and a person
is not required to respond to a collection of information unless it
displays a currently valid control number.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of collection of information; (c) ways to enhance the quality, utility,
and clarity of the information collected; and (d) ways to minimize the
burdens of the collection of information on respondents, including
through the use of automated collection techniques or other forms of
information technology. Consideration will be given to comments and
suggestions submitted in writing within 60 days of this publication.
    Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace Kenner, 100 F Street NE, Washington, DC 20549; or send an
email to<EMAIL_ADDRESS>
    Dated: July 9, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-15034 Filed 7-15-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8824-8826]
[FR Doc No: 2021-02590]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91049; File No. SR-C2-2021-002]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Establish a Policy Relating to Billing Errors

February 3, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 22, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe C2 Exchange, Inc. (``C2'' or the ``Exchange'') is filing with
the Securities and Exchange Commission (the ``Commission'') a proposed
rule change to establish a policy relating to billing errors. The
Exchange has designated this proposal as non-controversial and provided
the Commission with the notice required by Rule 19b-4(f)(6)(iii) under
the Act.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is provided in Exhibit 5. The
text of the proposed rule change is available on the Exchange's website
at http://markets.cboe.com/, at the Exchange's principal office and at
the Public Reference Room of the Commission.

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

    In its filing with the Commission, the Exchange 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 a provision of its fees schedule
which relates to billing errors and fee disputes. The Exchange
currently provides that that any potential billing errors relating to
fees assessed by C2 must be brought to the attention of C2's Accounting
Department within three months from the invoice date. Additionally, all
fees assessed shall be deemed final and non-refundable after three
months from the invoice date. However, the fees schedule further
provides that the Exchange is not precluded from assessing fees more
than three months after they were incurred if those fees were required
to be paid pursuant to the C2 Fee Schedule in effect at the time the
fees were incurred. The Exchange proposes to eliminate the current
language in the fees schedule and replace it with language recently
adopted by its affiliated exchanges.\6\ Particularly, the Exchange
proposes to provide: ``All fees and rebates assessed prior to the three
full calendar months before the month in which the Exchange becomes
aware of a billing error shall be considered final. Any dispute
concerning fees or rebates billed by the Exchange must be submitted to
the Exchange in writing and must be accompanied by supporting
documentation.'' \7\
---------------------------------------------------------------------------

    \6\ See SR-CboeBZX-2020-094; SR-CboeBYX-2020-034; SR-CboeEDGA-
2020-032; SR-CboeEDGX-2020-064.
    \7\ The current language relating to billing errors and fee
disputes is located at the end of the fees schedule. The Exchange
proposes to relocate the new language relating to billing errors and
fee disputes to the top of the fees schedule.
---------------------------------------------------------------------------

    The proposed language would result in all fees and rebates assessed
prior to the three full calendar months before the month in which the
Exchange becomes aware of a billing error to be considered final.
Particularly, the Exchange will resolve an error by crediting or
debiting Trading Permit Holders (``TPHs'') and Non-TPHs based on the
fees or rebates that should have been applied in the three full
calendar months preceding the month in which the Exchange became aware
of the error, including to all impacted transactions

that occurred during those months.\8\ The Exchange will apply the three
month look back regardless of whether the error was discovered by the
Exchange or by a TPH or Non-TPH that submitted a fee dispute to the
Exchange. The Exchange will continue to provide all disputes concerning
fees and rebates assessed by the Exchange would have to be submitted to
the Exchange in writing and accompanied by supporting documentation.
---------------------------------------------------------------------------

    \8\ For example, if the Exchange becomes aware of a transaction
fee billing error on January 4, 2021, the Exchange will resolve the
error by crediting or debiting Members based on the fees or rebates
that should have been applied to any impacted transactions during
October, November and December 2020. The Exchange notes that because
it bills in arrears, the Exchange would be able to correct the error
in advance of issuing the January 2021 invoice and therefore,
transactions impacted through the date of discovery (in this
example, January 4, 2021) and thereafter, would be billed correctly.
---------------------------------------------------------------------------

    The Exchange notes that the proposed language continues to
encourage TPHs and Non-TPHs to promptly review their Exchange invoices
so that any disputed charges can be addressed in a timely manner. The
Exchange notes that it provides TPHs with both daily and monthly fee
reports and thus believes they should be aware of any potential billing
errors within three months. Requiring that TPHs and Non-TPHs submit
disputes in writing and provide supporting documentation encourages
them to promptly review their invoices so that any disputed charges can
be addressed in a timely manner while the information and data
underlying those charges (e.g., applicable fees and order information)
is still easily and readily available. This practice will avoid issues
that may arise when TPHs or Non-TPHs do not dispute an invoice in a
timely manner and will conserve Exchange resources that would have to
be expended to resolve untimely billing disputes. As such, the
requirement continues to alleviate administrative burdens related to
billing disputes, which could divert staff resources away from the
Exchange's regulatory and business purposes. The proposed rule change
to eliminate the requirement that the Exchange assess fees beyond three
months if they were required to be assessed pursuant to the fees
schedule at the time incurred (i.e., all fees and rebates would be
final after three months regardless of how far back a billing error
occurred) would provide both the Exchange and TPHs and Non-TPHs
finality and the ability to close their books after a known period of
time.
    The Exchange notes that a number of exchanges have explicitly
stated that they consider all fees to be final after a similar period
of time.\9\ Additionally, several other exchanges have adopted similar
provisions in their rules that provide for a process for their members
and non-members to submit fee disputes.\10\ Moreover, the proposed
language is identical to the language recently adopted on the
Exchange's affiliated exchanges.\11\ As such, the proposed change will
also harmonize and conform the Exchange's billing practices with that
of its affiliated exchanges. The proposed billing policy will apply to
all charges and rebates reflected in the Exchange's fees schedules.
---------------------------------------------------------------------------

    \9\ See e.g. Securities Exchange Act Release No. 87650 (December
3, 2019), 84 FR 67304 (December 9, 2019) (SR-NYSECHX-2019-024);
Securities Exchange Act Release No. 84430 (October 16, 2018), 83 FR
53347 (October 22, 2018) (SR-NYSENAT-2018-23); and Securities
Exchange Act Release No. 79060 (October 6, 2016), 81 FR 70716
(October 13, 2016) (SR-ISEGemini-2016-11) .
    \10\ See e.g., MEMX LLC, Rule 15.3, IEX Rule 15.120, Nasdaq Rule
Equity 7, Section 70, Nasdaq BX Rule Equity 7, Section 111, and
Nasdaq PHLX Rule Equity 7, Section 2.
    \11\ See supra note 6.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    With respect to the proposed language regarding the billing
procedure, the Exchange believes continuing to require the submission
of all billing disputes in writing, and with supporting documentation
is reasonable because the Exchange provides TPHs with ample tools to
monitor and account for various charges incurred in a given month.
Additionally, the Exchange notes that most TPHs and Non-TPHs that pay
exchange fees are sophisticated entities, so it is appropriate to
expect them to promptly review their invoices for errors and to be
capable of identifying such errors. The proposed provision also
continues to promote the protection of investors and the public
interest by providing a clear and concise mechanism for TPH and Non-
TPHs to dispute fees and for the Exchange to review such disputes in a
timely manner. Moreover, the proposed billing dispute language, which
lowers the Exchange's administrative burden, is similar to billing
dispute language of other exchanges, and the same as the Exchange's
affiliates.\15\ In addition, the billing procedure is fair, equitable,
and not unfairly discriminatory because it will apply equally to all
TPHs (and Non-TPHs that pay Exchange fees).
---------------------------------------------------------------------------

    \15\ See supra notes 6 and 10.
---------------------------------------------------------------------------

    The Exchange also believes that providing that all fees and rebates
are final after three months (i.e., always resolving billing errors
only for the three full calendar months preceding the month in which
the Exchange became aware of the error), is reasonable as both the
Exchange and TPHs and Non-TPHs have an interest in knowing when its fee
assessments are final and when reliance can be placed on those
assessments. Indeed, without some deadline on billing errors, the
Exchange and TPHs and Non-TPHs would never be able to close their books
with any confidence. Furthermore, as noted above, a number of Exchanges
similarly consider their fees final after a similar period of time.\16\
The proposed change is also equitable, and not unfairly discriminatory
because it will apply equally to all TPHs (and Non-TPHs that pay
Exchange fees) and apply in cases where either the TPH (or Non-TPH)
discovers the error or the Exchange discovers the error. Lastly, the
proposed changes to the fees schedule will align the Exchange's billing
practices with those of its affiliated exchanges.
---------------------------------------------------------------------------

    \16\ See supra notes 6 and 9.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. With respect to the billing
procedure and billing error policy, the proposed rule change would
provide a clear process that would

apply equally to all TPHs. Additionally, the proposed rule change is
similar to rules of other exchanges. The Exchange does not believe such
proposed changes would impair the ability of TPHs or competing order
execution venues to maintain their competitive standing in the
financial markets. Moreover, because the proposed changes would apply
equally to all TPHs, the proposal does not 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 comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and; (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) \18\ thereunder.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay.\19\ The Commission finds that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because waiver of the operative delay will allow the Exchange to
provide a clear process for billing errors and fee disputes without
delay. Moreover, the proposed rule changes are comparable to other
policies and practices established by other exchanges and therefore
does not raise any new or novel issues. Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\20\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2021-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2021-002. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should referto File Number SR-C2-2021-002 and should be
submitted on or before March 2, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02590 Filed 2-8-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Page 9048]
[FR Doc No: 2022-03373]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0122; FRL--9585-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Nine Metal Fabrication and
Finishing Area Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Nine Metal Fabrication
and Finishing Area Sources (EPA ICR Number 2298.06, OMB Control Number
2060-0622), 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
April 30, 2022. Public comments were previously requested, via the
Federal Register, on April 13, 2021 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 neither conduct nor
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 March 21,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2021-0122, 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.
    Submit written comments and recommendations to OMB for the proposed
information collection 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: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

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
https://www.regulations.gov, or in person, at the EPA Docket Center,
WJC West Building, 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.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP), for Nine Metal Fabrication and Finishing Area
Sources (40 CFR part 63, subpart XXXXXX) were proposed on April 3,
2008, and promulgated on July 23, 2008. These regulations apply to
owners or operators of any existing or new metal fabrication and
finishing facility that is an area source of hazardous air pollutant
(HAP) emissions and either uses or has the potential to emit metal
fabrication or finishing metal HAP (MFHAP), defined to be the compounds
of cadmium, chromium, lead, manganese, and nickel, or any of these
metals in the elemental form with the exception of lead. The affected
sources consist of several types of metal fabrication and finishing
processes, including any abrasive blasting, metalworking (which
includes machining, and dry grinding and dry polishing with machines),
spray painting, and welding operations. New facilities include those
that either commenced construction or reconstruction after the date of
proposal. This information is being collected to assure compliance with
40 CFR part 63, subpart XXXXXX.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of existing
metal fabrication and finishing area sources.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart XXXXXX).
    Estimated number of respondents: 5,800 (total).
    Frequency of response: Semiannually, annually.
    Total estimated burden: 39,000 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,620,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is no change in burden from the
most-recently approved ICR as currently identified in the OMB Inventory
of Approved Burdens. This is due to two considerations. First, the
regulations have not changed significantly over the past three years
and are not anticipated to change over the next three years. Second,
the growth rate for this industry is very low or non-existent, so there
is no significant change in the overall burden. Since there are no
significant changes in the regulatory requirements and there is no
significant industry growth, there are also no changes in the capital/
startup or operation and maintenance (O&M) costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-03373 Filed 2-16-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23049-23050]
[FR Doc No: 2022-08318]

=======================================================================
-----------------------------------------------------------------------

UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meetings

TIME AND DATE: April 21, 2022, 1:30 p.m. to 5:30 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 961 4161 9493,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJIsc-iurzIuE9dYe3jn3S-CAQUGq2EZRaFj.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the ``Board'') will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of this meeting will include:

Agenda

I. Welcome and Call to Order--UCR Board Chair

    The UCR Board Chair will welcome attendees, call the meeting to
order, call roll for the Board, confirm the presence of a quorum, and
facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email, followed by subsequent publication of the notice in the Federal
Register.

III. Review and Approval of Board Agenda--UCR Board Chair

For Discussion and Possible Board Action

    The proposed Agenda will be reviewed, and the Board will consider
adoption.
Ground Rules
    [rtarr8] Board actions taken only in designated areas on agenda

IV. Approval of Minutes of the March 3, 2022 UCR Board Meeting--UCR
Board Chair

For Discussion and Possible Board Action

    Draft Minutes from the March 3, 2022 UCR Board meeting will be
reviewed. The Board will consider action to approve.

V. Report of FMCSA--FMCSA Representative

    The Federal Motor Carrier Safety Administration (FMCSA) will
provide a report on relevant activity.

VI. Development, Hosting and Maintenance of an IRP Centralized Fee
Calculator--UCR Executive Director

For Discussion and Possible Board Action

    The UCR Executive Director will discuss the option of development,
hosting and maintenance of a centralized IRP fee calculator for the
purpose of continuing the Board's progress towards increasing UCR
compliance and enhanced data sharing. The Board may take action to
authorize proceeding with this option.

VII. Subcommittee Reports

Audit Subcommittee--UCR Audit Subcommittee Chair

A. Proposal To Revise the UCR Handbook Regarding Calculating Fees and
New Market Entrants--UCR Audit Subcommittee Chair
For Discussion and Possible Board Action
    The Audit Subcommittee Chair will discuss potential revisions to
the UCR Handbook regarding terminology used for calculating the UCR
fees based on the 6-tier system and new entrants into the market. The
Board may consider action to approve revisions to the UCR Handbook
calculating UCR fees and when new market entrants are subject to
payment of UCR fees.
B. Proposal To Revise the Relevant Time-Period Described in the UCR
Handbook--UCR Audit Subcommittee Chair
For Discussion and Possible Board Action
    The Audit Subcommittee Chair will discuss potential revisions to
the UCR Handbook regarding the relevant time-period to use for
determination of the size of a carrier fleet for purposes of
determining the appropriate UCR registration tier. The Board may
consider action to approve revisions to the UCR Handbook regarding the
relevant time-period to use for determination of the size of a carrier
fleet for purposes of determine the appropriate UCR registration tier.
C. Proposal To Revise the UCR Handbook Regarding Lightweight or Other
Non-Commercial Motor Vehicles--UCR Audit Subcommittee Chair
For Discussion and Possible Board Action
    The Audit Subcommittee Chair will discuss potential revisions to
the UCR Handbook regarding the definition of lightweight or other non-
commercial motor vehicles. The Board may approve revisions to the UCR
Handbook regarding the definition of lightweight or other non-
commercial motor vehicles.
D. Review of States' Audit Compliance Rates for Registration Years 2021
and 2022--UCR Audit Subcommittee Chair
    The Audit Subcommittee Chair will review audit compliance rates for
the states for registration years 2021 and 2022 and related compliance
percentages for Focused Anomaly Reviews (``FARs''), retreat audits and
registration compliance percentages.
E. Review States' Enforcement Efficiency Report for 2022--UCR Audit
Subcommittee Chair,
UCR Audit Subcommittee Vice-Chair and DSL Transportation Services, Inc.
(DSL)
    The Audit Subcommittee Chair, Audit Subcommittee Vice-Chair and DSL
will review the Should Have Been (SHB) Report and discuss ideas to help
states improve their UCR violation citation rates.
F. Update on the Compliance Video for the National Training Center--UCR
Audit
Subcommittee Chair, UCR Education and Training Subcommittee Chair and
UCR Executive Director
    The Audit Subcommittee Chair, Education and Training Subcommittee
Chair and the Executive Director will provide an update to the Board
regarding the current status of the Compliance Video for the National
Training Center.

Finance Subcommittee--UCR Finance Subcommittee Chair

A. Review of 2021 Administrative Expenses--UCR Finance Subcommittee
Chair and UCR Depository Manager
For Discussion and Possible Board Action
    The Finance Subcommittee Chair and Depository Manager will review
the administrative expenditures of the UCR Plan for the 12 months ended
December 31, 2021. The Board may take action to allocate the remaining
balance. The Finance Subcommittee recommends the Board allocate the
remaining administrative balance as presented.
B. 2020 Registration Year Closure--UCR Finance Subcommittee Chair and
UCR Depository Manager
For Discussion and Possible Board Action
    The Finance Subcommittee Chair and Depository Manager will present
the final results of the closure of the Depository for the 2020
registration year. The Board may take action to authorize the closure
of the 2020 registration year. The Finance Subcommittee recommends that
the Board authorize the closure of the 2020 registration year as
presented.

Education and Training Subcommittee--UCR Education and Training
Subcommittee Chair

Update on Current and Future Training Initiatives--UCR Education and
Training Subcommittee Chair and UCR Operations Manager
    The Education and Training Subcommittee Chair and the UCR
Operations Manager will provide an update on the current and planned
future training initiatives for the UCR Plan.

VIII. Contractor Reports--UCR Executive Director

 UCR Executive Director's Report

    The UCR Executive Director will provide a report covering recent
activity for the UCR Plan.

 DSL Transportation Services, Inc.

    DSL Transportation Services, Inc. will report on the latest data
from the FARs program, discuss motor carrier inspection results, pilot
projects and other matters.

 Seikosoft

    Seikosoft will provide an update on recent/new activity related to
the NRS.

 UCR Administrator Report (Kellen)

    The UCR Staff will provide a management report covering recent
activity for the Depository, Operations, and Communications.

IX. Other Business--UCR Board Chair

    The UCR Board Chair will provide an update on the recent CVSA
Workshop, discuss their current initiatives and local jurisdiction
introductions. The UCR Board Chair will then call for any other
business, old or new, from the floor.

X. Adjournment--UCR Board Chair

    The UCR Board Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
April 14, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-08318 Filed 4-14-22; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45037-45038]
[DOCID:fr10au07-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting
Comments, Protests, and Motions To Intervene

August 6, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12809-000.
    c. Date Filed: July 10, 2007.
    d. Applicant: James R. Robertson.
    e. Name and Location of Project: The proposed Cave Run Lake Dam
Hydroelectric Project would be located on Licking River in Bath and
Rowan Counties, Kentucky. The existing Cave Run Lake Dam is
administered by the U.S. Army Corps of Engineers.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Mr. James Robertson, 5702 Reno Court,
Boonsboro, MD 21713,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    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. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12809-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents 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 document on that resource agency.
    j. Description of the Proposed Project: The proposed project,
utilizing the existing U.S. Army Corps of Engineers' Cave Run Lake Dam
and would consist of: (1) A proposed intake structure, (2) a proposed
12,000-foot-long, 48-inch-diameter steel penstock, (3) a proposed
powerhouse containing two generator units with a total installed
capacity of 4.4 megawatts, (4) a quarter-mile-long transmission line
interconnection, and (5) appurtenant facilities. The project would have
an annual generation of 26 GWh which would be sold to a local utility.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction 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 ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. 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.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', 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. An additional copy must be sent to: Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. 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 filing
comments, it will be presumed 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. E7-15643 Filed 8-9-07; 8:45 am]

BILLING CODE 6717-01-P