[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Rules and Regulations]
[Pages 8864-8870]
[FR Doc No: 2014-03302]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 28

[Docket No. USCG-2010-0625]
RIN 1625-AB50

Waiver of Citizenship Requirements for Crewmembers on Commercial
Fishing Vessels

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard amends its regulations to include a
description of the procedures for requesting and processing waivers of
citizenship requirements on commercial fishing vessels. We seek to
improve our efforts to inform the commercial fishing industry of this
opportunity by codifying the application procedure policy into the Code
of Federal Regulations.

DATES: This final rule is effective March 17, 2014, except for
Sec. Sec.  28.1105 and 28.1110 which contain collection of information
requirements that have not yet been approved by the Office of
Management and Budget (OMB). The Coast Guard will publish a document in
the Federal Register announcing the effective date of those sections/
paragraphs.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0625 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0625 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. David Belliveau, Office of Commercial Vessel
Compliance, Fishing Vessel Safety Division (CG-CVC-3), Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
    A. Foreign Workers
    B. Availability of Seamen
    C. Unnecessary Burden of Dockside Inspection on Employers
    D. Exception to Foreign Crew Rule of the Magnuson-Stevens Act
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
INA Immigration and Nationality Act, as amended (8 U.S.C. 1101 et
seq.)
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget

Sec.  Section symbol
U.S.C. United States Code

II. Regulatory History

    On August 18, 2011, we published a notice of proposed rulemaking
(NPRM) titled ``Waiver of Citizenship Requirements for Crewmembers on
Commercial Fishing Vessels'' in the Federal Register (76 FR 51317). We
received four comments on the proposed rule. No public meeting was
requested and none was held.

III. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
provide relief from the citizenship requirements on fishing vessels.
Title 46 United States Code (U.S.C.) 8103(b)(3)(C) authorizes the
Secretary of the Department of Homeland Security to waive these
citizenship requirements. The Secretary has delegated this authority to
the Coast Guard.
    Through this final rule, we amend 46 CFR part 28, Requirements for
Commercial Fishing Industry Vessels, by adding a new subpart to
specifically address the citizenship waiver program. This subpart will
formally incorporate our policy, which has been in place since 2001,
into the CFR.

IV. Background

    Under 46 U.S.C. 8103(i)(1), each unlicensed seaman on a fishing,
fish processing, or fish tender vessel who is engaged in the fisheries
in the navigable waters of the United States or the exclusive economic
zone must be--
    1. A citizen of the United States;
    2. An alien lawfully admitted to the United States for permanent
residence; or
    3. Any other alien allowed to be employed under the Immigration and
Nationality Act (INA) (8 U.S.C. 1101 et seq.).
    Furthermore, 46 U.S.C. 8103(i)(2) states that no more than 25
percent of the unlicensed seamen on these vessels may be non-permanent
resident aliens authorized for employment in the United States under
the INA, category 3 above.
    Relief from these citizenship and permanent resident status
requirements is provided in 46 U.S.C. 8103(b)(3)(C). If the Secretary
of Homeland Security determines, after an investigation, that qualified
seamen who are citizens of the United States are not available, the
Secretary may waive these citizenship requirements.
    Congress did not specify a procedure for requesting the waiver
allowed under section 8103(b)(3). To fill the need for a procedure, we
published a policy letter in June 2001 titled ``Procedures for Waiver
of Requirements for Citizenship Aboard Commercial Fishing Vessels'' (G-
MOC Policy Letter 01-02). This policy letter is available at http://homeport.uscg.mil/mycg/portal/ep/programView.do?channelId=-17679&programId=12861. This policy letter explains the steps involved
in the request for a waiver process. We intended the letter to be the
means of informing the fishing industry of the waiver opportunity and
the application procedure.
    In past years, we received between 125 and 200 waiver requests
annually. In 2008, that volume slowed appreciably.\1\ Through
experience gained during the 10 years since the publication of the 2001
policy letter and feedback received from the Commercial Fishing Safety
Advisory Committee, we believe that not all fishing vessel owners,
operators, and employers are aware they can request a waiver from
citizenship requirements. As a result, these vessels either sail short-
handed, creating potential safety issues, or choose to exceed the 25
percent limit for non-permanent resident aliens authorized for
employment in the United States under the INA without an approved
waiver. This rule mirrors the requirements that exist in the 2001
policy letter.
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    \1\ In 2008, the Coast Guard received a total of 6 waiver
requests.
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    In the NPRM, we proposed a requirement for a mandatory dockside
examination that was not required in the 2001 policy letter. That
requirement has been removed from this final rule. See section V.C. of
this preamble for a discussion of this change to the final rule.
However, it is still incumbent on owners, operators, and employers to
ensure the vessel is in full compliance with all safety, survival
equipment, and systems requirements.

V. Discussion of Comments and Changes

    We received four written comments on the NPRM to the docket. These
comments are available for viewing in the public docket for this
rulemaking, where indicated under ADDRESSES.
    Below, we summarize these comments and our responses to them. Each
of the four comments raised different issues, so each comment summary
provides a response directly to the comment submitted.

A. Foreign Workers

    The first commenter does not favor allowing waivers for foreign
workers, but suggests instead that fishing boat captains improve their
searches for American workers. The commenter also stresses that the
Coast Guard should not remove a 2001 policy that requires resident
alien workers to present an H2B visa. The commenter also states that
foreign workers should be required to speak English as a safety
measure.
    The purpose of this regulation is to codify procedures for
requesting a waiver already allowed by law under 46 U.S.C. 8103(b)(3).
This regulation is not an immigration, labor, or national security
regulation per se, and intends no other purpose than what has been
stated. However, these rules maintain the 2001 policy in regard to H2B
visas. The remaining comments raise issues that fall outside of the
scope of this rulemaking.

B. Availability of Seamen

    Despite the improvement to safety and efficiency that fully-staffed
fishing vessels would provide, the second commenter is not convinced
that this regulation would achieve its intended purpose. The commenter
reasons that the pool of potential workers is limited because it is
composed of those seamen who are already employed by other vessels.
    This regulation allows a waiver so that non-resident aliens can be
employed as unlicensed seamen aboard U.S. flag fishing vessels beyond
the 25 percent limitation. Historically, companies and individual
vessels that apply for citizenship waivers represent a very small cross
section of the commercial fishing industry. Furthermore, requests
usually coincide with seasonal manning requirements (e.g., shrimp
fishery in the Gulf of Mexico, menhaden fishery in the Gulf of Mexico
and mid-Atlantic). In essence, waivers are only requested to fulfill a
temporary need. Additionally, the Coast Guard does not have evidence to
support the assertion that the population of seamen from which
candidates are selected comprises ``seamen who are already employed,
but whose employer is going out of business or no longer needs their
services,'' since they are non-resident aliens. Therefore, the Coast
Guard does not agree with the comment and no change to the rule was
made.

C. Unnecessary Burden of Dockside Inspection on Employers

    The third commenter supports the proposed rule as a means to inform
commercial fishing vessel employers about the waiver requirements.
However, the commenter states that the dockside safety examination is
an unnecessary burden to employers and

redundant, given that the Coast Guard already requires and enforces
compliance of safety measures. The commenter claims that the dockside
safety inspections unnecessarily target fishing vessels employing
foreign workers.
    We agree, in part, so the requirement for completion of the
dockside examination has been removed in the final rule. We do not
intend to target nor impose an additional burden on employers in the
commercial fishing industry. However, commercial fishermen, vessel
owners, and operators should be aware that the Coast Guard and Maritime
Transportation Act of 2012 (Pub. L. 112-213) amended 46 U.S.C. 4502(f)
to require a dockside safety examination at least once every 5 years
for vessels operating beyond 3 nautical miles from the baseline from
which the territorial sea of the United States is measured or beyond 3
nautical miles from the coastline of the Great Lakes. For the fishing
vessels that operate inside 3 nautical miles from shore, the dockside
examination remains voluntary. However, the Coast Guard does recommend
that those vessels operating inside 3 nautical miles complete the
dockside examination for the safety of the vessel and crew.

D. Exception to Foreign Crew Rule of the Magnuson-Stevens Act

    The last commenter suggests that this rule does not mention, but
should, the exception to the foreign crew rule of 46 U.S.C. 8103(i)(1)
contained in the Magnuson-Stevens Act for U.S. flag fishing vessels
fishing for highly migratory species on the high seas. Furthermore, the
commenter states the long time periods provided for the Coast Guard to
act under this rule are not conducive to the commercial fishing
business, where crew replacements must be made within hours, or at most
days, due to death, injury, or sickness.
    We agree that the citizenship requirements in 46 U.S.C. 8103(i)(1)
and (2) do not apply to fishing vessels fishing exclusively for highly
migratory species (as that term is defined in the Magnuson-Stevens
Fisheries Conservation and Management Act (16 U.S.C. 1802)). Title 46
U.S.C. 8103(i)(3) provides the exception to the citizenship
requirements for these vessels. This exception is now included in the
regulatory text. Additionally, companies and/or individual vessel
owners that apply for these citizenship waivers do not do so to provide
for urgent manning needs caused by death, injury, or sickness, but
rather have traditionally used the process for filling the anticipated,
temporary manning requirements that coincide with seasonal needs (e.g.,
shrimp fishery in the Gulf of Mexico, menhaden fishery in the Gulf of
Mexico and mid-Atlantic).

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below, we summarize our
analyses based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
    This final rule has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. Accordingly, the final rule has not been reviewed by the
Office of Management and Budget (OMB).
    Based on comments received, we have adjusted our policy to remove
the dockside examination requirement when applying for a waiver. This
will reduce the cost burden from that presented in the NPRM. No
comments were received during the comment period addressing the
regulatory assessment and thus no other changes to the rule were made.
    The following table (Table 1) summarizes the costs and benefits of
this rule. We estimated annual and 10-year costs of the rule and, based
on data availability, we identified qualitative benefits of the rule.

                 Table 1--Summary of Costs and Benefits
------------------------------------------------------------------------
                Category                             Estimate
------------------------------------------------------------------------
                                  Costs
------------------------------------------------------------------------
Annual Cost to Apply for Waiver........  $42,505.
Ten Year Monetized Costs (rounded        $298,538.
 values, 7% discount rate).
------------------------------------------------------------------------
                                Benefits
------------------------------------------------------------------------
Qualitative Benefits...................  This rule will provide industry
                                          greater awareness and
                                          knowledge of the waiver
                                          application procedures.
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    This rule will create a regulatory burden for those owners and
operators of commercial fishing vessels electing to request a waiver.
From 2005 to 2009, the Coast Guard received an average of 91 requests
for waivers per year. Applications for waivers declined from a high of
203 in 2005 to 20 in 2009. The number of applications for waivers will
vary from year to year based on many factors, such as national and
regional economic conditions and management programs for specific
fisheries. We use a 5-year average to reflect the range of conditions
that may occur over the 10-year period of analysis. In addition, during
the period of 2005 to 2009, the Coast Guard issued an average of 108
reports of violations of 46 U.S.C. 8103. Some of these violations were
related to the citizenship requirements for the crew of fishing vessels
and the citizenship requirements for the master and officer in charge
of deck or engineering watches. During 2009, 75 such reports of
violations were issued. Due to the variability in waiver requests, the
five year average number of requests is used to provide a more
conservative estimate when calculating the burden.

    We estimate that it takes an owner or operator approximately 9.25
hours \2\ to compile and submit the appropriate documentation to the
Coast Guard per the 2001 policy letter. The Bureau of Labor Statistics
(BLS) lists a wage of $33.89 for captains, mates, and pilots of water
vessels.\3\ We apply a load factor of 1.49 to this wage to account for
labor compensation and benefits, which makes the hourly wage for a
captain, mate, or pilot approximately $50.50.\4\ At a cost of $50.50
per hour to the civilian sector, the cost is $467 per request for a
waiver ($50.50 per hour x 9.25 hours). The total annual burden would be
approximately 842 labor hours (9.25 hours per request x 91 requests per
year), for a cost to industry of $42,505 \5\ ($50.50 x 842 hours) to
submit the request for a waiver. This cost is only borne if a vessel
owner, operator, or employer chooses to seek relief of the citizenship
requirement. The total annual cost to industry associated with this
rule will be approximately $42,505 .\6\
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    \2\ Time estimates provided by Coast Guard Fishing Vessel Safety
Division subject matter experts.
    \3\ http://www.bls.gov/oes/current/oes535021.htm. This wage
information is from May 2010 and is the most recent figure from BLS.
    \4\ The load factor is determined by dividing BLS total
compensation (series CMU2010000520000D) by BLS wages (series
CMU2020000520000D). http://www.bls.gov/ncs/ect/data.htm.
    \5\ Values may not total due to rounding.
    \6\ Values may not total due to rounding.
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    Reviewing a waiver application currently takes a Coast Guard
employee approximately 3 hours ,\7\ on average. We assume a wage rate
equal to that of a GS-13 for the reviewer. Based on Commandant
Instruction (COMDTINST) 7310.1M, Coast Guard Reimbursable Standard
Rates, (available at http://uscg.mil/directives/ci/7000-7999/CI_7310_1M.PDF), the hourly wage for the reviewer is $77. The total annual
projected cost to the Coast Guard to review applications is $21,021 (3
hours x $77 x 91 requests). As with the costs to industry, government
costs will only be incurred if owners, operators, or employers opt to
apply for a waiver.
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    \7\ Time estimates provided by Coast Guard Fishing Vessel Safety
Division subject matter experts.
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    Although we cannot quantify benefits for this rulemaking, we do
expect some functional benefits. By incorporating the current policy
into regulation, we will promote greater awareness of the policy and
provide commercial fishermen with one location for all rules governing
their operations. Greater visibility of the application procedures may
help reduce the number of crew requirement violations related to
citizenship requirements onboard commercial fishing vessels.
Furthermore, waiver applications are voluntary, and will only be made
if the owner/operator/employer sees a net benefit to doing so. As such,
the collective burden described previously is expected to be more than
offset by the increased labor pool.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 fewer than 50,000.
    Based on 2009 data, we identified 74,337 entities owning fishing
vessels. Of these, a small number (13) were owned by government
entities or non-profits, all of which exceed the threshold for being
classified as a small entity. The remaining owners are classified as
businesses. Based on available revenue data, approximately 99.8 percent
(74,228) of the commercial fishing businesses fall below the Small
Business Administration threshold for a small business based on their
primary North American Industry Classification System designation.
    Based on historical data, we expect an average of 91 requests for a
waiver per year. If we assume that all of these requests are from small
commercial fishing businesses, we can assess the potential impacts of
this rule on the industry. Our records show that the majority of
vessels requesting waivers in the period from 2006-2009 were between 50
and 70 feet in length. By comparing the $467 cost of the rule per
vessel to the revenues for commercial fishing vessels in the 50 to 70
feet size range, we estimate that 38 percent of the affected population
will have a revenue impact greater than 1 percent, and only 3 percent
of all commercial fishing vessels will have a revenue impact greater
than 3 percent from this rule. Table 2 shows the percent of vessels by
revenue impact.

                 Table 2--Revenue Impacts of Final Rule
------------------------------------------------------------------------
                                                             Percent of
                      Revenue impact                           vessels
------------------------------------------------------------------------
0% < Impact <= 1%.........................................            62
1% < Impact <= 3%.........................................            35
3% < Impact <= 5%.........................................             3
5% < Impact <= 10%........................................             0
Above 10%.................................................             0
------------------------------------------------------------------------

    The primary purpose of this rule is to codify existing policy into
regulation. We estimate that only 91 of approximately 80,000 commercial
fishing vessels apply for a waiver annually. Furthermore, because the
waiver process is voluntary, we assume vessel owners, operators, or
employers would apply for a waiver only if the benefits of doing so
outweigh the costs. We can assume that if the approximate $467 per
vessel cost of this rule is prohibitive, vessel owners would choose to
not pursue a waiver. Therefore, 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.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult with the Coast Guard personnel
listed under the FOR FURTHER INFORMATION CONTACT section of this rule.
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.

D. Collection of Information

    This rule will call for a revision to an existing collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). This revision is explained below under Estimate Of Total Annual
Burden. As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other, similar actions. The title and description of the information
collection, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
    Title: Commercial Fishing Industry Vessel Safety Regulations.
    OMB Control Number: 1625-0061.
    Summary Of The Collection Of Information: This information
collection is intended to improve safety on board vessels in the
commercial fishing industry. The requirements apply to those vessels
and to seamen on them.

    Need For Information: We need to collect this information for all
vessels requesting a waiver for relief of the citizenship requirements
on a commercial fishing vessel.
    Proposed Use Of Information: We will use this information solely to
determine whether or not a vessel should be granted relief of the
citizenship requirements on a commercial fishing vessel.
    Description Of The Respondents: The respondents are vessel owners,
operators, and employers of U.S. commercial fishing vessels who opt to
seek relief of the citizenship requirements on a commercial fishing
vessel.
    Number Of Respondents: The existing OMB-approved number of
respondents, as adjusted in July 2011, is 4,808. The rule would not
change that total.
    Frequency Of Response: 91 respondents per year, based on a 5-year
average.
    Burden Of Response: Those vessels that voluntarily choose to
request a waiver bear the burden of this collection. We estimate that a
request for a waiver will take about 9.25 hours per response.
    Estimate Of Total Annual Burden: The existing OMB-approved total
annual burden, as adjusted in July 2011, is 5,945 hours. The annual
increase from the rule will be approximately 842 hours to the public,
assuming 91 waiver requests are submitted per year. The total estimated
annual burden is 6,787 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this rule to OMB for its review of
the collection of information.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
rule, OMB would need to approve the Coast Guard's request to collect
this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt state law or impose a substantial
direct cost of compliance on them.
    Congress charged the Secretary of Homeland Security with the
authority to administer and enforce immigration laws. See 8 U.S.C.
1103(a)(1). With respect to this rulemaking, the Secretary delegated
the authority to waive the citizenship requirements found in 46 U.S.C.
8103 to the Commandant of the Coast Guard. It is well established that
states do not have the authority to regulate immigration. Therefore, we
have determined that this rule does not have implications for
federalism under E.O. 13132.

F. 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.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will 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.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

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

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraphs (34)(a), (c) and (d) of the Instruction. This
rule involves regulations which are editorial or procedural and
regulations concerning the qualifying of maritime personnel and the
manning of vessels. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.

    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 28 as follows:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
1. The authority citation for part 28 is revised to read as follows:

    Authority:  46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603;
Department of Homeland Security Delegation No. 0170.1.

Subpart H--[Added and Reserved]

0
2. Add and reserve subpart H to part 28.

0
3. Add new subpart I to part 28 to read as follows:
Subpart I--Citizenship Waiver Procedures
Sec.
28.1100 General.
28.1105 Request for a waiver.
28.1110 Waiver approval.
28.1115 Waiver request and approval records.

Subpart I--Citizenship Waiver Procedures

Sec.  28.1100  General.

    (a) As set forth in 46 U.S.C. 8103, a citizenship requirement,
other than a requirement that applies to the master of a documented
vessel, on commercial fishing vessels may be waived for unlicensed
seamen when qualified seamen who are citizens of the United States are
not available. Under the provisions of this subpart, the Coast Guard
approves or denies requests for a waiver of the citizenship requirement
from owners, operators, or employers seeking to exceed the 25 percent
limit applicable to unlicensed seamen aboard fishing industry vessels
who are non-permanent resident aliens authorized for employment in the
United States under the Immigration and Nationality Act (INA) (8 U.S.C.
1101 et seq.).
    (b) This subpart does not apply to a fishing vessel fishing
exclusively for highly migratory species (as that term is defined in
section 3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)).
    (c) The regulations in this subpart have preemptive effect over
State or local regulation within the same field.

Sec.  28.1105  Request for a waiver.

    (a) Vessel owners, operators, or employers who desire a waiver of
citizenship requirements from the Coast Guard must submit a written
request to the Commandant, United States Coast Guard, 2100 Second St.
SW., Stop 7581, Washington, DC 20593-7581.
    (b) The written request required under paragraph (a) of this
section must contain--
    (1) The vessel owner's, operator's, or employer's contact
information--
    (i) Full name (last, first, middle initial);
    (ii) Address;
    (iii) Work phone number;
    (iv) Fax number (if applicable); and
    (v) Email address (if applicable);
    (2) Information on fishing vessel(s) for which the owner, operator,
or employer requests a citizenship waiver. For each listed vessel, the
owner's, operator's, or employer's must include--
    (i) Fishing vessel name;
    (ii) Fishing vessel official number;
    (iii) Fishing vessel length (in feet);
    (iv) Fishing vessel gross tonnage; and
    (v) Each type of fishery in which the vessel is engaged;
    (3) Information on persons who will work on the vessel. For each
listed vessel, the owner, operator, or employer must include--
    (i) The total number of unlicensed crew normally employed;
    (ii) The name, nationality, birth place, position to be held, and
basis for employment authorization in the United States of each alien
who is not lawfully admitted for permanent residence but is otherwise
authorized for employment in the United States under the Immigration
and Nationality Act (INA); and
    (iii) The number of alien seamen who are not lawfully admitted for
permanent residence but are otherwise authorized for employment in the
United States under the INA for which the waiver is requested; and
    (4) The time period over which the 25 percent limit will be
exceeded--
    (i) Start date (MM/DD/YYYY); and
    (ii) Expiration date (MM/DD/YYYY).
    (c) The owner, operator, or employer submitting a request for a
waiver under paragraph (a) of this section must include a statement
certifying that the vessel(s) will operate in compliance with all other
applicable citizenship requirements regarding the master or other
officers in charge of deck or engineering watches on U.S.-documented
vessels.
    (d) The owner, operator, or employer submitting a request for a
waiver under paragraph (a) of this section must provide evidence that
aliens who are not lawfully admitted for permanent residence are
authorized for employment with the owner, operator, or employer under
the INA and evidence that qualified seamen who are U.S. citizens are
not available for employment. The following documentation for H2B non-
immigrants is satisfactory evidence both of authorization for
employment with the owner, operator, or employer under the INA and that
qualified seamen who are U.S. citizens are not available:
    (1) U.S. Citizenship and Immigration Services (USCIS) Form I-797,
``Notice of Action: Approval Notice'' classifying the alien as an H2B
non-immigrant for purposes of employment with the owner, operator, or
employer submitting a request for a waiver under paragraph (a) of this
section.
    (2) USCIS Form I-94, ``Arrival/Departure Record'' indicating that
the alien has been lawfully admitted to the United States (or has been
lawfully granted a change of nonimmigrant status or extension of non-
immigrant stay in H2B classification) for the dates covered by the
proposed employment.
    (e) Upon receipt of a request submitted under paragraph (a) of this
section and required information submitted in accordance with
paragraphs (b) through (d) of this section, the Coast Guard will
evaluate the information and may investigate further, as necessary, to
determine the validity of the information provided.

Sec.  28.1110  Waiver approval.

    (a)(1) If, within 30 days of receipt of a properly submitted
request for a waiver, the Coast Guard does not make a determination
whether to approve the request or does not advise the owner, operator,
or employer that additional time is needed for consideration, the
request will be considered provisionally approved for 90 days from the
end of that 30-day period.
    (2) If the Coast Guard does not make a determination whether to
approve a properly submitted request for a waiver in writing within 30
days of receipt, the owner, operator, or employer must have a copy of
the request and supporting documentation available on board the vessel
as proof of submission of a request for waiver of the citizenship
requirement for unlicensed seamen for that vessel.
    (b)(1) If the Coast Guard determines, based on the waiver request,
supporting documentation, and any other relevant information, that no
qualified U.S. citizen seamen are available, the Coast Guard will grant
the waiver to exceed the 25-percent limit for employment of non-
permanent resident alien seaman for the period of employment authorized
for each alien under the Immigration and Nationality Act (INA). The
Coast Guard will issue a letter of approval to the owner, operator, or
employer for the applicable vessel(s).
    (2) The owner, operator, or employer must have a copy of the waiver
approval letter available on board the vessel as proof of waiver of the
citizenship requirement for unlicensed seamen for that vessel.

Sec.  28.1115  Waiver request and approval records.

    The Coast Guard will maintain a record of citizenship waiver
requests and approvals. Approvals will be documented for the applicable
vessel(s) in the Coast Guard's vessel information database.

    Dated: February 11, 2014.
J.C. Burton,
Captain, U. S. Coast Guard, Director of Inspections & Compliance.
[FR Doc. 2014-03302 Filed 2-13-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78613-78615]
[FR Doc No: 2010-31508]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1165]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

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

PART 65--[AMENDED]

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

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

Sec.  65.4  [Amended]

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date and name of
         State and county           Location and case No.     newspaper where      Chief executive  officer     Effective date of       Community  No.
                                                            notice was published         of community              modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Calhoun..................  City of Oxford.......  October 22, 2010,      The Honorable Leon Smith,   February 28, 2011....  010023
                                    (10-04-2692P)........   October 29, 2010,      Mayor, City of Oxford,
                                                            The Anniston Star.     P.O. Box 3383, Oxford, AL
                                                                                36203.
Alabama: Calhoun..................  Unincorporated areas   October 22, 2010,      Mr. Robert W. Downing,      February 28, 2011....  010013
                                     of Calhoun County.     October 29, 2010,      Calhoun County
                                    (10-04-2692P)........   The Anniston Star.     Commissioner, 1702 Noble
                                                                                Street, Suite 103,
                                                                                Anniston, AL 36201.
Arizona: Maricopa.................  Unincorporated areas   September 30, 2010,    Mr. Don Stapley, Chairman,  February 4, 2011.....  040037
                                     of Maricopa County.    October 7, 2010,       Maricopa County Board of
                                    (10-09-1720P)........   Arizona Business       Supervisors, 301 West
                                                            Gazette.               Jefferson Street,
                                                                                Phoenix, AZ 85003.

Arizona: Yavapai..................  City of Prescott.....  October 8, 2010,       The Honorable Marlin        February 14, 2011....  040098
                                    (10-09-0220P)........   October 15, 2010,      Kuykendall, Mayor, City
                                                            The Daily Courier.     of Prescott, 201 South
                                                                                Cortez Street, Prescott,
                                                                                AZ 86303.
Arizona: Yavapai..................  Unincorporated areas   October 8, 2010,       Mr. Chip Davis, Chairman,   February 14, 2011....  040093
                                     of Yavapai County.     October 15, 2010,      Yavapai County Board of
                                    (10-09-0220P)........   The Daily Courier.     Supervisors, 10 South 6th
                                                                                Street, Cottonwood, AZ
                                                                                86326.
California: Placer................  City of Rocklin......  October 7, 2010,       The Honorable Scott Yuill,  February 11, 2011....  060242
                                    09-09-2897P).........   October 14, 2010,      Mayor, City of Rocklin,
                                                            The Placer Herald.     3970 Rocklin Road,
                                                                                Rocklin, CA 95677.
California: San Diego.............  Unincorporated areas   October 22, 2010,      Ms. Pam Slater-Price,       November 18, 2010....  060284
                                     of San Diego County.   October 29, 2010,      Chairwoman, San Diego
                                    (10-09-2166P)........   San Diego Transcript.  County Board of
                                                                                Supervisors, 1600 Pacific
                                                                                Highway, Room 335, San
                                                                                Diego, CA 92101.
California: Santa Clara...........  City of Milpitas.....  October 12, 2010,      The Honorable Robert        September 30, 2010...  060344
                                    (10-09-1254P)........   October 19, 2010,      Livengood, Mayor, City of
                                                            San Jose Mercury       Milpitas, 455 East
                                                            News.                  Calaveras Boulevard,
                                                                                Milpitas, CA 95035.
California: Shasta................  City of Anderson.....  October 13, 2010,      The Honorable Norma         September 30, 2010...  060359
                                    (10-09-1399P)........   October 20, 2010,      Comnick, Mayor, City of
                                                            Anderson Valley Post.  Anderson, 1887 Howard
                                                                                Street, Anderson, CA
                                                                                96007.
California: Shasta................  Unincorporated areas   October 13, 2010,      Mr. David A. Kehoe,         September 30, 2010...  060358
                                     of Shasta County.      October 20, 2010,      Chairman, Shasta County
                                    (10-09-1399P)........   Anderson Valley Post.  Board of Supervisors,
                                                                                1450 Court Street, Suite
                                                                                308B, Redding, CA 96001.
Colorado: Arapahoe................  City of Aurora.......  September 9, 2010,     The Honorable Ed Tauer,     January 14, 2011.....  080002
                                    (10-08-0276P)........   September 16, 2010,    Mayor, City of Aurora,
                                                            Aurora Sentinel.       15151 East Alameda
                                                                                Parkway, Aurora, CO 80012.
Colorado: Douglas.................  Town of Parker.......  October 7, 2010,       The Honorable David         October 29, 2010.....  080310
                                    (10-08-0768P)........   October 14, 2010,      Casiano, Mayor, Town of
                                                            Douglas County News-   Parker, 20120 East
                                                            Press.                 Mainstreet, Parker, CO
                                                                                80138.
Colorado: Douglas.................  Unincorporated areas   October 7, 2010,       Mr. Jack Hilbert,           October 29, 2010.....  080049
                                     of Douglas County.     October 14, 2010,      Chairman, Douglas County
                                    (10-08-0768P)........   Douglas County News-   Board of Commissioners,
                                                            Press.                 100 3rd Street, Castle
                                                                                Rock, CO 80104.
Florida: Charlotte................  Unincorporated areas   October 22, 2010,      Mr. Bob Starr, Chairman,    October 15, 2010.....  120061
                                     of Charlotte County.   October 29, 2010,      Charlotte County Board of
                                    (10-04-4920P)........   Charlotte Sun.         Commissioners, 18500
                                                                                Murdock Circle, Port
                                                                                Charlotte, FL 33948.
Florida: Miami-Dade...............  City of Miami........  October 12, 2010,      The Honorable Tom[aacute]s  September 30, 2010...  120650
                                    (10-08-5593P)........   October 19, 2010,      P. Regalado, Mayor, City
                                                            Miami Daily Business   of Miami, 3500 Pan
                                                            Review.                American Drive, Miami, FL
                                                                                33133.
Florida: Orange...................  City of Orlando......  August 12, 2010,       The Honorable Buddy Dyer,   December 17, 2010....  120186
                                    (10-04-0788P)........   August 19, 2010,       Mayor, City of Orlando,
                                                            Orlando Weekly.        P.O. Box 4990, Orlando,
                                                                                FL 32802.
Georgia: Barrow...................  Unincorporated areas   October 20, 2010,      Mr. Daniel Yearwood, Jr.,   February 24, 2011....  130497
                                     of Barrow County.      October 27, 2010,      Chairman, Barrow County
                                    (10-04-4322P)........   The Barrow County      Board of Commissioners,
                                                            News.                  233 East Broad Street,
                                                                                Winder, GA 30680.
Kentucky: Hopkins.................  City of Madisonville.  September 10, 2010,    The Honorable William Cox,  January 17, 2011.....  210115
                                    (10-04-3232P)........   September 17, 2010,    Jr., Mayor, City of
                                                            The Messenger.         Madisonville, 67 North
                                                                                Main Street,
                                                                                Madisonville, KY 42431.
Kentucky: Hopkins.................  Unincorporated areas   September 10, 2010,    The Honorable Donald E.     January 17, 2011.....  210112
                                     of Hopkins County.     September 17, 2010,    Carroll, Hopkins County
                                    (10-04-3232P)........   The Messenger.         Judge, 56 North Main
                                                                                Street, Madisonville, KY
                                                                                42431.
South Carolina: Dorchester........  Unincorporated areas   October 8, 2010,       Mr. Jamie Feltner,          February 14, 2011....  450068
                                     of Dorchester County.  October 15, 2010,      Chairman, Dorchester
                                    (10-04-6791P)........   The Post and Courier.  County Council, 500 North
                                                                                Main Street, Suite 2,
                                                                                Summerville, SC 29483.
South Dakota: Minnehaha...........  City of Hartford.....  October 8, 2010,       The Honorable Paul Zimmer,  February 14, 2011....  460180
                                    (10-08-0469P)........   October 15, 2010,      Mayor, City of Hartford,
                                                            Argus Leader.          125 North Main Avenue,
                                                                                Hartford, SD 57033.
South Dakota: Minnehaha...........  Unincorporated areas   October 8, 2010,       Ms. Anne Hajek, Chair,      February 14, 2011....  460057
                                     of Minnehaha County.   October 15, 2010,      Minnehaha County Board of
                                    (10-08-0469P)........   Argus Leader.          Commissioners, P.O. Box
                                                                                1779, Sioux Falls, SD
                                                                                57101.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-31508 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63395-63396]
[FR Doc No: 2012-25343]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68027; File No. SR-BYX-2012-021]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

October 10, 2012.
    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 September 28, 2012, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c). While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on October 1, 2012.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts 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 modify its fee schedule effective October
1, 2012, in order to amend the fees for certain routing strategies
based on a change of fees at the New York Stock Exchange LLC
(``NYSE''). NYSE is implementing certain pricing changes effective
October 1, 2012, including modification from a fee to remove liquidity
of $0.0023 per share to a fee of $0.0025 per share.
    The Exchange has previously provided a discounted fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by the Exchange than such market centers currently
charge for removing liquidity. The Exchange also provides a rebate that
is $0.0001 more per share for Destination Specific Orders routed to
EDGA. Thus, this routing pricing is referred to by the Exchange as
``One Under/Better'' pricing. Based on the changes in pricing at NYSE,
BATS is proposing to increase its fee for Destination Specific Orders
executed at NYSE so that the fee remains $0.0001 less per share for
orders routed to NYSE. Specifically, the Exchange proposes to increase
the fee charged for BATS + NYSE Destination Specific Orders executed at
NYSE from $0.0022 per share to $0.0024 per share.
    In addition, the Exchange offers a variety of routing strategies,
including ``SLIM'' and ``TRIM,'' each of which has a specific fee for
an execution that occurs at NYSE. Consistent with its One Under/Better
pricing model, the Exchange currently charges $0.0022 per share for
executions that occur at NYSE through SLIM and TRIM. Based on the

increased fee at NYSE, the Exchange proposes to increase the fee
charged for SLIM and TRIM orders executed at NYSE from $0.0022 per
share to $0.0024 per share.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that the
proposed changes to certain of the Exchange's non-standard routing fees
and strategies are equitably allocated, fair and reasonable, and non-
discriminatory in that they are equally applicable to all Members and
are designed to provide a reduced fee for orders routed to NYSE through
Exchange routing strategies as compared to applicable fees for
executions if such routed orders were instead executed directly by the
Member at NYSE.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because the market for order execution is extremely competitive,
Members may readily opt to disfavor the Exchange's routing services if
they believe that alternatives offer them better value. For an order
routed through the Exchange and executed at NYSE through the applicable
routing strategies, the proposed fee change is designed to maintain a
slight discount compared to the fee the Member would have paid if such
routed order was instead executed directly by a Member at NYSE.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.

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-BYX-2012-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2012-021. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2012-021 and should be
submitted on or before November 6, 2012.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25343 Filed 10-15-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 5 (Tuesday, January 8, 2019)]
[Notices]
[Page 81]
[FR Doc No: 2018-28476]

========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.

========================================================================

Federal Register / Vol. 84, No. 5 / Tuesday, January 8, 2019 /
Notices

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR19-12-000]

Notice of Petition for Declaratory Order: Plantation Pipe Line
Company

    Take notice that on December 20, 2018, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2018), Plantation Pipe
Line Company (Petitioner), filed a petition for a Declaratory Order
approving various requested rulings related to a proposed expansion of
its pipeline system that transports refined petroleum products from
origin points in Baton Rouge, LA, Collins, MS, and Pascagoula, MS, to
destination points throughout the southeastern and eastern United
States, all as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on January 22, 2019.

    Dated: December 26, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-28476 Filed 1-7-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45125-45126]
[FR Doc No: 2018-19261]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0563; FRL-9982-35]

Industrial Economics, Incorporated; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to Industrial Economics,
Incorporated in accordance with the CBI regulations. Industrial
Economics, Incorporated has been awarded a contract to perform work for
OPP, and access to this information will enable Industrial Economics,
Incorporated to fulfill the obligations of the contract.

DATES: Industrial Economics, Incorporated will be given access to this
information on or before September 10, 2018.

FOR FURTHER INFORMATION CONTACT: William Northern, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0563, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. 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 OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Contractor Requirements

    The contractor shall provide EPA such economic expertise for the
annual updates of OECA's financial models, the development of new
economic models as appropriate, and the education of enforcement
professionals about the models and their applications and situations
that may require case-specific financial analyses beyond using one of
EPA's financial model.
    The contractor shall, furthermore, provide accomplished expert
advice to enforcement personnel about financial issues that may impact
EPA enforcement litigation. When directed, the contractor shall be able
to provide individuals with a record of expert capabilities and
accomplishments to serve as witnesses at trials and hearings, as well
as those with a knowledgeable background to support EPA during
settlement negotiations.
    In addition, the contractor shall provide assistance to OECA, OCE,
and EPA Regional Offices on economic policy related to environment
enforcement cases, as well as attendant applications of the financial
models. However, EPA enforcement professionals and management will make
all policy decisions in regard to ultimate financial accounting issues,
approaches, and applications.
    This contract will involve no subcontractors.
    OPP has determined that the contract described in this document
involve work that is being conducted in connection with FIFRA, in that
pesticide chemicals will be the subject of certain evaluations to be
made under this contract. These evaluations may be used in subsequent
regulatory decisions under FIFRA.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under FIFRA sections 3, 4, 6,
and 7 and under FFDCA sections 408 and 409.
    In accordance with the requirements of 40 CFR 2.307(h)(3), the
contract with Industrial Economics, Incorporated prohibits use of the
information for any purpose not specified in these contract; prohibits
disclosure of the information to a third party without prior written
approval from the Agency; and requires that each official and employee
of the contractor sign an agreement to protect the information from
unauthorized release and to handle it in accordance with the FIFRA
Information Security Manual. In addition, Industrial Economics,
Incorporated is required to submit for EPA approval a security plan
under which any CBI will be secured and protected against unauthorized
release or compromise. No information will be provided to Industrial
Economics, Incorporated until the requirements in this document have
been fully satisfied. Records of information provided to Industrial
Economics, Incorporated will be maintained by EPA Project Officers for
this contract. All information supplied to Industrial Economics,
Incorporated by EPA for use in connection with this contract will be
returned to EPA when Industrial Economics, Incorporated has completed
its work.

    Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: August 13, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-19261 Filed 9-4-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Page 33018]
[FR Doc No: 2011-14034]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, June 9,
2011 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
June 9, 2011 will be:
    Institution and settlement of injunctive actions;
    institution and settlement of administrative proceedings; and
    other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 2, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-14034 Filed 6-3-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 56978-56979]
[FR Doc No: 2015-23530]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-119-000.
    Applicants: PHR Holdings LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of PHR Holdings LLC.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5256.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: EG15-120-000.
    Applicants: Golden West Power Partners, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Golden West Power Partners, LLC.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5365.
    Comments Due: 5 p.m. ET 9/21/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2719-022; ER10-2718-022; ER10-2633-020; ER10-
2570-020; ER10-2717-020; ER10-3140-019; ER13-55-010.
    Applicants: East Coast Power Linden Holding, L.L.C., Cogen
Technologies Linden Venture, L.P., Birchwood Power Partners, L.P.,
Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC, Inland
Empire Energy Center, LLC, Homer City Generation, L.P.
    Description: Notice of Non-Material Change in Status of the GE
Companies.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5264.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-704-004.
    Applicants: Pacific Gas and Electric Company.
    Description: Compliance filing: eTariff Migration Compliance Filing
to Update Pending Records in CCSF WDT SA 275 to be effective 7/23/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5324.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-1120-001.
    Applicants: Nevada Power Company.
    Description: Report Filing: Service Agreement No. 14-00081 NPC and
Aiya LGIA Refund Report to be effective N/A.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5338.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-1121-001.
    Applicants: Nevada Power Company.
    Description: Report Filing: Service Agreement No. 12-00082 NPC and
Moapa LGIA Refund Report to be effective N/A.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5348.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-1122-001.
    Applicants: Nevada Power Company.
    Description: Report Filing: Service Agreement No. 12-00076 NPC and
Playa Refund Report to be effective N/A.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5350.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-1852-001.
    Applicants: Tucson Electric Power Company.
    Description: Compliance filing: Compliance Filing to be effective
11/2/2010.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5241.
    Comments Due: 5 p.m. ET 9/21/15

    Docket Numbers: ER15-1865-001.
    Applicants: Tucson Electric Power Company.
    Description: Compliance filing: Compliance Filing to be effective
8/5/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5238.
    Comments Due: 5 p.m. ET 9/21/15

    Docket Numbers: ER15-2571-000.
    Applicants: GenOn Energy Management, LLC.
    Description: Section 205(d) Rate Filing: Proposed Rate Schedule
FERC No. 1 to be effective 10/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5220.
    Comments Due: 5 p.m. ET 9/21/15

    Docket Numbers: ER15-2572-000.
    Applicants: GenOn Energy Management, LLC.
    Description: Section 205(d) Rate Filing: Proposed Rate Schedule
FERC No. 2 to be effective 10/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5221.
    Comments Due: 5 p.m. ET 9/21/15

    Docket Numbers: ER15-2573-000.
    Applicants: GenOn Energy Management, LLC.
    Description: Section 205(d) Rate Filing: Proposed Rate Schedule
FERC No. 3 to be effective 10/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5222.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2574-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: First Revised
Interconnection Service Agreement No. 3476, Queue No. R11/Z2-109 to be
effective 7/30/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5224.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2575-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Section 205(d) Rate Filing: Second Amended RS 200
FRPPA NCEMPA to be effective 8/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5266.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2576-000.
    Applicants: NorthWestern Corporation.
    Description: Initial rate filing: SA 744--Firm Point-to-Point TSA
with Energy Keepers Inc. to be effective 9/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5277.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2577-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Notice of Cancellation of Eversource Energy Service
Company (as agent) for The Connecticut Light and Power Company.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5279.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2578-000.
    Applicants: ISO New England Inc., Emera Maine.
    Description: Section 205(d) Rate Filing: Emera Maine Revisions to
Schedule 20A-EM to be effective 10/30/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5278.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2579-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2015-08-31_SA 2632 AECI-
Northeast Power-ITC Midwest Facilities

Charge Template to be effective 9/1/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5290.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2580-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Notice of Cancellation of Eversource Energy Service
Company (as agent) for Western Massachusetts Electric Company.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5293.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2581-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Second Revised Service
Agreement No. 3665; Queue No. AA1-084 to be effective 7/31/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5325.
    Comments Due: 5 p.m. ET 9/21/15.

    Docket Numbers: ER15-2582-000.
    Applicants: Carousel Wind Farm, LLC.
    Description: Baseline eTariff Filing: Carousel Wind Farm, LLC
Application for MBR Authority to be effective 10/30/2015.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5327.
    Comments Due: 5 p.m. ET 9/21/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-39-000; ES15-49-00; ES15-50-000; ES15-51-000;
ES15-52-000; ES15-53-000; ES15-54-000; ES15-55-000; ES15-56-000; ES15-
57-000.
    Applicants: AEP Generating Company, AEP Texas North Company, AEP
Texas Central Company, Appalachian Power Company, Indiana Michigan
Power Company, Kentucky Power Company, Kingsport Power Company, Public
Service Company of Oklahoma, Southwestern Electric Power Company,
Wheeling Power Company.
    Description: Amendment and Restatement of the July 24, 2015
Application Under Section 204 of the Federal Power Act for
Authorization to Issue Securities of AEP Generating Company, et al.
    Filed Date: 8/31/15.
    Accession Number: 20150831-5244.
    Comments Due: 5 p.m. ET 9/21/15.

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

    Dated: August 31, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-23530 Filed 9-18-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6611-6612]
[FR Doc No: 2018-03073]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0011; OMB No. 1660--NEW]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Post Disaster Survivor Preparedness Research

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a new information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
post disaster research on the impacts on survivors of disasters
including historically underserved communities in disasters such as the
2017 Hurricanes: Harvey, Irma, and Maria.

DATES: Comments must be submitted on or before April 16, 2018.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2018-0011. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jacqueline Snelling, Senior Advisor,
U.S. Department of Homeland Security/FEMA/National Preparedness
Directorate, Individual and Community Preparedness Division,
Washington, DC 20472-3630, [email protected]. You may
contact the Information Management Division for copies of the proposed
collection of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The Stafford Act, Title VI, Emergency
Preparedness (42 U.S.C. 5195-5195(a)) identifies the purpose of
emergency preparedness ``for the protection of life and property in the
United States from hazards.'' It directs that the Federal Government
``provide necessary direction, coordination, and guidance'' as
authorized for a comprehensive emergency preparedness system for all
hazards. Emergency preparedness is defined as all ``activities and
measures designed or undertaken to prepare or minimize the effects of a
hazard upon the civilian population . . . .'' The ``conduct of
research'' is among the measures to be undertaken in preparation for
hazards.
    The FEMA Strategic Plan 2014-2018 references FEMA priorities for
preparing individuals in Priority #1, to achieve a survivor-centric
mission where ``Individuals and communities know the steps to take,
have the tools required, and take appropriate actions, before, during,
and after disasters, and in Priority #3, to better prepare survivors
and bystanders.
    Presidential Policy Directive--8 (PPD-8) directs the Secretary of
Homeland Security to ``coordinate a comprehensive campaign to build and
sustain national preparedness, including public outreach and community-
based and private sector programs to enhance national resilience, the
provision of Federal financial assistance, preparedness efforts by the
Federal Government, and national research and development efforts.''

Collection of Information

    Title: Post Disaster Survivor Preparedness Research.
    Type of Information Collection: New information collection.
    OMB Number: 1660--NEW.
    FEMA Forms: FEMA Form 519-0-54, Post Disaster Survivor Preparedness
Research.
    Abstract: Through improved understanding of the relationship
between an individual's preparedness knowledge, actions, and perception
and self-efficacy, FEMA will be able to draw some conclusions as to how
these factors contribute to and/or hinder life-saving responses and
short and long-term recovery, with a focus on historically underserved
communities.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 3,120.
    Estimated Number of Responses: 3,120.
    Estimated Total Annual Burden Hours: 740.
    Estimated Total Annual Respondent Cost: $19,240.00.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $186,573.45.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have

practical utility; (b) evaluate the accuracy of the agency's estimate
of the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) enhance the
quality, utility, and clarity of the information to be collected; and
(d) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

    Dated: February 8, 2018.
William H. Holzerland,
Senior Director for Information Management, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2018-03073 Filed 2-13-18; 8:45 am]
 BILLING CODE 9111-46-P


[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Page 12898]
[FR Doc No: 2016-05538]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9025-9]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, General Information (202) 564-
7146 or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 02/29/2016 Through 03/04/2016
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20160054, Final, NPS, HI, Hawaii Volcanoes National Park
General Management Plan, Review Period Ends: 04/11/2016, Contact:
Danielle Foster<PHONE_NUMBER>

EIS No. 20160055, Draft, USFS, ID, Lookout Pass Ski Area Expansion,
Comment Period Ends: 04/25/2016, Contact: Kerry Arneson<PHONE_NUMBER>

EIS No. 20160056, Draft Supplement, BLM, ID, Segments 8 and 9 of the
Gateway West Transmission Line Project, Comment Period Ends: 06/09/
2016, Contact: Jim Stobaugh<PHONE_NUMBER>

EIS No. 20160057, Final, USFS, MT, Bitterroot National Forest Travel
Management Planning, Review Period Ends: 04/11/2016, Contact: Julie
King<PHONE_NUMBER>

EIS No. 20160058, Final, NOAA, WA, Analyze Impacts of NOAA's National
Marine Fisheries Service Proposed 4(d) Determination under Limit 6 for
Five Early Winter Steelhead Hatchery Programs in Puget Sound, Review
Period Ends: 04/11/2016, Contact: Steve Leider<PHONE_NUMBER>

    Dated: March 8, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-05538 Filed 3-10-16; 8:45 am]
 BILLING CODE 6560-50-P