[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Page 29553]
[FR Doc No: 2016-11221]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2299-000]

Turlock Irrigation District; Modesto Irrigation District; Notice
of Authorization for Continued Project Operation

    On April 28, 2014 Turlock Irrigation District and Modesto
Irrigation District, licensees for the Don Pedro Hydroelectric Project,
filed an Application for a New License pursuant to the Federal Power
Act (FPA) and the Commission's regulations thereunder. The Don Pedro
Hydroelectric Project facilities are located on the Tuolumne River in
Tuolumne County, California.
    The license for Project No. 2299 was issued for a period ending
April 30, 2016. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2299 is issued to
the licensee for a period effective May 1, 2016 through April 30, 2017
or until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first. If issuance of a new
license (or other disposition) does not take place on or before April
30, 2017, notice is hereby given that, pursuant to 18 CFR 16.18(c), an
annual license under section 15(a)(1) of the FPA is renewed
automatically without further order or notice by the Commission, unless
the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the licensee, Turlock Irrigation District and Modesto
Irrigation District, is authorized to continue operation of the Don
Pedro Hydroelectric Project, until such time as the Commission acts on
its application for a subsequent license.

    Dated: May 5, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11221 Filed 5-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63429-63431]
[FR Doc No: 2021-24896]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93546; File No. SR-CboeBZX-2021-075]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Reflect
a Modification to the Permitted Components of the Tracking Baskets of
the Invesco Real Assets ESG ETF and Invesco US Large Cap Core ETF

November 9, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 2, 2021, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
reflect an amendment to the Reference Order relied upon by the Invesco
Real Assets ESG ETF and Invesco US Large Cap Core ESG ETF, shares of
which are listed and traded on the Exchange under BZX Rule 14.11(m).
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange adopted BZX Rule 14.11(m) for the purpose of
permitting the listing and trading, or pursuant to unlisted trading
privileges (``UTP''), of Tracking Fund Shares, which are securities
issued by an actively managed open-end management investment
company.\3\ Exchange Rule 14.11(m)(2)(A) requires the Exchange to file
separate proposals under Section 19(b) of the Act before listing and
trading any series of Tracking Fund Shares on the Exchange. Pursuant to
this provision, the Exchange submitted proposals to list and trade
shares (``Shares'') of Tracking Fund Shares of the following funds
under BZX Rule 14.11(m): Invesco Real Assets ESG ETF and Invesco US
Large Cap Core ESG

ETF (each, a ``Fund'' and, together the ``Funds'').\4\
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    \3\ See Securities Exchange Act Release No. 88887 (May 15,
2020), 85 FR 30990 (May 21, 2020) (SR-CboeBZX-2019-107) (Notice of
Filing of Amendment No. 5 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 5, to Adopt
Rule 14.11(m), Tracking Fund Shares, and to List and Trade Shares of
the Fidelity Blue Chip Value ETF, Fidelity Blue Chip Growth ETF, and
Fidelity New Millennium ETF (``Approval Order'')). Rule
14.11(m)(3)(A) provides that ``[t]he term ``Tracking Fund Share''
means a security that (i) represents an interest in an investment
company registered under the Investment Company Act of 1940
(``Investment Company'') organized as an open-end management
investment company, that invests in a portfolio of securities
selected by the Investment Company's investment adviser consistent
with the Investment Company's investment objectives and policies;
(ii) is issued in a specified aggregate minimum number in return for
a deposit of a specified Tracking Basket and/or a cash amount with a
value equal to the next determined net asset value; (iii) when
aggregated in the same specified minimum number, may be redeemed at
a holder's request, which holder will be paid a specified Tracking
Basket and/or a cash amount with a value equal to the next
determined net asset value; and (iv) the portfolio holdings for
which are disclosed within at least 60 days following the end of
every fiscal quarter. Rule 14.11(m)(3)(E) provides that ``[t]he term
``Tracking Basket'' means the identities and quantities of the
securities and other assets included in a basket that is designed to
closely track the daily performance of the Fund Portfolio, as
provided in the exemptive relief under the Investment Company Act of
1940 applicable to a series of Tracking Fund Shares.''
    \4\ See Securities Exchange Act Release No. 90686 (December 16,
2020) 85 FR 83657 (December 22, 2020) (SR-CboeBZX-2020-090).
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    Among others, Invesco Actively Managed Exchange-Traded Fund Trust
(the ``Issuer''), issued a second amended and restated application for
an order under Section 6(c) of the 1940 Act for exemptions from various
provisions of the 1940 Act and rules thereunder (the
``Application'').\5\ On October 27, 2020, the Commission issued an
order (the ``Prior Exemptive Order'') under the 1940 Act granting the
exemptions requested in the Application.\6\ The relief in the Prior
Exemptive Order incorporates by reference terms and conditions of the
same relief of a previous order granting the same relief sought by
applicants, as that order may be amended from time to time (the
``Reference Order'').\7\
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    \5\ See File No. 812-15141, dated September 30, 2020.
    \6\ See Investment Company Act Release No. 34076, October 27,
2020.
    \7\ The Reference Order refers to the Fidelity Beach Street
Trust, et al., Investment Company Act Rel. Nos. 33683 (Nov. 14,
2019) (notice) and 33712 (Dec. 10, 2019) (order).
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    Under the Prior Exemptive Order, the Funds are required to publish
a basket of securities and cash that, while different from the Fund's
portfolio, is designed to closely track its daily performance (i.e.,
the Tracking Basket). The Prior Exemptive Order provided that the
Tracking Basket will solely consist of a combination of (i) select
recently disclosed portfolio holdings (``Strategy Components''); (ii)
liquid U.S. exchange-traded funds (``ETFs'') that convey information
about the types of instruments (that are not otherwise fully
represented by the Strategy Components) in which a Fund invests
(``Representative ETFs''); and (iii) cash and cash equivalents.
Exchange Rule 14.11(m)(4)(B)(iii)(c) provides that the Exchange will
consider the suspension of trading in and will commence delisting
proceedings for a series of Tracking Fund Shares pursuant to Rule 14.12
if, among other things, the Exchange is aware that the Investment
Company is not in compliance with the conditions of any exemptive order
or no-action relief granted by the Commission or the Commission staff
under the 1940 Act to the Investment Company with respect to the series
of Tracking Funds Shares. On August 5, 2021, the Commission issued an
amended order to the Reference Order that, among other things, permits
the Issuer to include select securities from which a Fund's investment
are selected such as a broad-based market index (``Investment
Universe'') in the Fund's Tracking Basket (the ``Amended Reference
Order'').\8\ The Funds will comply with this condition of the Amended
Reference Order and the Exchange is updating the listing rule for the
Shares accordingly. Except for the change noted above, all other
representations made in the rule filing remain unchanged and will
continue to constitute continuing listing requirements for the Funds.
The Funds will also continue to comply with the requirements of Rule
14.11(m).
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    \8\ See Investment Company Act Release No. 34350, August 5,
2021.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. The proposed revision is intended to reflect the
change in the Amended Reference Order that permits the Issuer to
include select securities from the Fund's Investment Universe in the
Fund's Tracking Basket. The proposed rule change would permit the Funds
to operate consistent with the Prior Exemptive Order, which
incorporates the Reference Order that may be amended from time to time.
Furthermore, Exchange Rule 14.11(m)(4)(B)(iii)(c) provides that the
Exchange will consider the suspension of trading in and will commence
delisting proceedings for a series of Tracking Fund Shares pursuant to
Rule 14.12 if, among other things, the Exchange is aware that the
Investment Company is not in compliance with the conditions of any
exemptive order or no-action relief granted by the Commission of the
Commission Staff under the 1940 Act to the Investment Company with
respect to the series of Tracking Funds Shares. By clearly identifying
the change in the committed components of each Funds' Tracking Basket,
the proposed Rule change will assist the Exchange in complying this
aspect of the listing rule, as modified, consistent with section
6(b)(1) of the Act.\11\ Except for the changes noted above, all other
representations made in the respective rule filings remain unchanged
and, as noted, will continue to constitute continuing listing
requirements for the Funds.
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    \11\ 15 U.S.C. 78f(b)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. As noted, the purpose of the
filing is to reflect an amendment to the Reference Order governing the
listing and trading of these Funds. As noted, the effect of this filing
is to allow an adjustment to the components of the Tracking Baskets for
each of the Funds. The Exchange believes this will not impose any
burden on competition.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.

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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may take effect upon filing. The Exchange states that the
proposed rule change raises no novel regulatory issues because the
Funds will continue to comply with the requirements of BZX Rule
14.11(m). The Exchange also notes that a similar proposal to amend the
listing rules of other shares that BZX also lists and trades pursuant
to Rule 14.11(m) is currently in effect.\16\ For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposal operative upon filing.\17\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See Securities and Exchange Act No. 92946 (September 13,
2021) 86 FR 51941 (September 17, 2021) (SR-CboeBZX-2021-060).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2021-075 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2021-075. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-CboeBZX-2021-075 and
should be submitted on or before December 7, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24896 Filed 11-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Notices]
[Page 75247-75249]
[DOCID:fr14de06-55]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2006-0826; FRL-8256-1]

Notice of Availability of Draft Nutrient Criteria Technical
Guidance Manual: Wetlands

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: EPA announces the availability of a draft nutrient criteria
technical guidance manual for wetlands. This document provides State
and Tribal water quality managers and others with information on how to
develop numeric nutrient criteria for wetlands as State or tribal law
or regulation; however, the document does not contain site-specific
numeric nutrient criteria. EPA is soliciting information, data, and
views on issues of science pertaining to the information the Agency
used to develop this document. While this document contains EPA's
scientific recommendations regarding defensible approaches for
developing regional nutrient criteria, this guidance does not
substitute for Clean Water Act (CWA) or EPA regulations, nor is it a
regulation. It does not impose legally binding requirements on the EPA,
States, territories, authorized tribes, or the regulated community.
State and tribal decision makers have discretion to adopt water quality
standards that use approaches that differ from EPA's recommendations.

DATES: Scientific views, data, and information should be submitted by
February 12, 2007.

ADDRESSES: You may submit scientific information, data, or views,
identified by Docket ID No. EPA-HQ-OW-2006-0826, by one of the
following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting information.
     E-mail<EMAIL_ADDRESS>     Mail: Water Docket, Environmental Protection Agency, Mail
code: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please
include a total of four copies.

     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Please include
a total of four copies. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your scientific information, data, or views,
to Docket ID No. EPA-HQ-OW-2006-0826. EPA's policy is that all
information received will be included in the public docket without
change and may be made available online at http://www.regulations.gov,

including any personal information provided, unless it includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through http://www.regulations.gov or<EMAIL_ADDRESS>The

http://www.regulations.gov Web site is an ``anonymous access'' system, which

means EPA will not know your identity or contact information unless you
provide it in the body of your information. If you send an e-mail
directly to EPA without going through http://www.regulations gov your e-mail

address will be automatically captured and included as part of the
information that is placed in the public docket and made available on
the Internet. If you submit information electronically, EPA recommends
that you include your name and other contact information in the body of
your information and with any disk or CD-ROM you submit. If EPA cannot
read your information due to technical difficulties and cannot contact
you for clarification, EPA may not be able to consider your
information. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., information claimed to be
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically in http://www.regulations.gov or in hard copy

at the Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. 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 Water Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dr. Amy Parker, Health and Ecological
Criteria Division (4304T), U.S. EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Entities potentially interested in today's notice are those that
discharge or release nitrogen and phosphorus to surface waters, and
Federal, State, tribal, and local authorities that establish water
quality standards for surface water. Categories and entities interested
in today's notice include but are not limited to:

------------------------------------------------------------------------
                                               Examples of potentially
                 Category                         affected entities
------------------------------------------------------------------------
State/Local/Tribal Government.............  States, municipalities,
                                             tribes.
Industry..................................  Fertilizer manufacturers.
Agriculture...............................  Animal feeding operations,
                                             fertilized row crop
                                             operations.
------------------------------------------------------------------------

    This table is not intended to be exhaustive. Other types of
entities not listed in the table may also be interested.

B. What Should I Consider as I Prepare My Scientific Information, Data
or Views for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
http://www.regulations.gov or e-mail. Clearly identify the specific

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Information, Data, or Views. When
submitting scientific information, data or views, please remember to:
     Identify the docket number and other identifying
information (subject heading, Federal Register date and page number).
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your information comments by the
deadline identified.

C. How Can I Get Copies of the Draft Document and Related Information?

    Copies of the complete document entitled Nutrient Criteria
Technical Guidance Manual: Wetlands (EPA-823-B-05-003) may be obtained
from EPA's National Service Center for Environmental Publications
(NSCEP) by phone at<PHONE_NUMBER> or toll free<PHONE_NUMBER>, or by
e-mail to<EMAIL_ADDRESS>or by conventional mail to 11029 Kenwood
Road, Cincinnati, OH 45242. You can also download the document from
EPA's Web site at http://www.epa.gov/waterscience/nutrient.html, or

from the docket.

II. Today's Notice

A. What Are Nutrients and Why Are We Concerned About Them?

    Nutrients, or more specifically, nitrogen and phosphorus, are found
in nature. They are also found in water as a result of anthropogenic
sources including runoff from fertilized agriculture or residential
grounds, municipal wastewater treatment plants, animal farming
practices, and for nitrogen, from atmospheric deposition. Human
activities can increase runoff from the land surface and increase the
input of nutrients into surface waters, including wetlands.
    The addition of plant nutrients stimulates the growth of algae and
other plants which in turn stimulates fish and other organisms in the
food web. When nutrients accumulate in excessive quantities, they can
cause detrimental changes in water quality, in the aquatic

life that depends on those waters, and in human uses of that water.
This phenomenon is called eutrophication. Eutrophication of United
States surface waters is a long standing-problem. Eutrophication due to
excessive nutrients is one of the top five causes of waterbody
impairment in the U.S., according to information provided by states on
their CWA section 303(d) lists. Chronic symptoms of over-enrichment
include low dissolved oxygen, fish kills, cloudy murky water, and
depletion of desirable flora and fauna.
    Within wetlands chronic symptoms of over-enrichment include low
dissolved oxygen, fish kills, increased sediment accumulation, and
species and abundance shifts of flora and fauna. The problem is
national in scope, but varies in nature from one region of the country
to another due to geographical variations in geology and soil types.

B. What Has EPA Done To Develop Criteria for Nutrients?

    In 1998, EPA published a report entitled ``National Strategy for
the Development of Regional Nutrient Criteria.'' This report outlined a
framework for development of waterbody-specific technical guidance that
can be used to assess nutrient status and develop region-specific
numeric nutrient criteria. We have already released the companion
Nutrient Criteria Technical Guidance Manuals for Rivers and Streams
(2000), Lakes and Reservoirs (2000), and Estuarine and Coastal Marine
Waters (2001). The document presented here is the wetland-specific
technical guidance for developing numeric nutrient criteria.

C. What Is Included in the Draft Guidance?

    The guidance explains how to consider water, vegetation and soil
conditions to develop regionally-based numeric nutrient criteria for
wetland systems. While the manual does not provide specific
recommendations for nutrient criteria, it does give EPA's
recommendations on defensible technical approaches for developing
regional nutrient criteria. This document provides elements considered
important to criteria development including Classification, Sampling
Design and Criteria Development (setting a benchmark).
1. Classification of Wetlands
    Classification strategies for nutrient criteria development can
include physiographic regions, hydrogeomorphic class, water depth and
duration, and/or vegetation type or zone. Choosing a specific
classification scheme will depend on practical considerations, such as:
Whether a classification scheme is available in mapped digital form or
can be readily derived from existing map layers; whether a
hydrogeomorphic or other classification scheme has been refined for a
particular region and wetland type; and whether classification schemes
are already in use for monitoring and assessment of other water body
types in a state or region.
2. Sampling Design
    Three sampling designs for new wetland monitoring programs are
described including: stratified random sampling, targeted/tiered
approach, and BACI (Before/After, Control/Impact). These approaches are
designed to allow one to obtain a significant amount of information for
statistical analyses with relatively minimal effort. Sampling efforts
should be designed to collect information that will answer management
questions in a way that will allow robust statistical analysis. In
addition, site selection, characterization of reference sites or
systems, and identification of appropriate index periods are all of
particular concern when selecting an appropriate sampling design.
Careful selection of sampling design will allow the best use of
financial resources and will result in the collection of high quality
data for evaluation of the wetland resources of a State or Tribe.
3. Criteria Development
    Several methods can be used to develop numeric nutrient criteria
for wetlands; they include but are not limited to three criteria
development methods that are detailed in this document: (1)
Identification of reference systems for each established wetland type
and class based on either best professional judgment (BPJ) or
percentile selections of data plotted as frequency distributions; (2)
refinement of classification systems, use of models, and/or examination
of system biological attributes to assess the relationships among
nutrients, vegetation or algae, soil, and other variables; and (3) use
of published nutrient and vegetation, algal, and soil relationships and
values that may be used (or modified for use) as criteria. A weight of
evidence approach with multiple attributes that combine one or more of
the development approaches will produce criteria of greater scientific
validity.
    Recognizing relationships between nutrient input and wetland
response is the first step in mitigating the effects of cultural
eutrophication. Once relationships are established, nutrient criteria
can be developed to manage nutrient pollution and protect wetlands from
eutrophication.

    Dated: December 7, 2006.
Ephraim King,
Director, Office of Science and Technology.
 [FR Doc. E6-21287 Filed 12-13-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60464-60465]
[FR Doc No: 2014-23900]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2014-05694; FRL-9917-50-Region-6]

Clean Water Act: Proposed Section 404(c) Exemption

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to extend
coverage under an existing Clean Water Act Section (CWA) 404(c)
exception for the continued operation and maintenance of a portion of
an electrical transmission line and a portion of a distribution line at
the Bayou aux Carpes site in Jefferson Parish, Louisiana. The extension
will authorize minimal discharges (approximately 1.35 cubic yards) to
wetlands of dredged or fill material associated with ongoing activities
by Entergy Louisiana, L.L.C. (Entergy) in order to provide electrical
service to residential, commercial, military, industrial, and other
facilities in nearby Plaquemines Parish.

DATES: Comments on this proposed action must be received on or before
October 22, 2014.

ADDRESSES: Written comments may be addressed to Ms. Barbara Keeler
(6WQ-EC), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733.
Comments may also be submitted by email to Ms. Keeler at
<EMAIL_ADDRESS>All comments should directly address whether
the Southern Natural Gas Pipeline exception to the 1985 Bayou aux
Carpes CWA Section 404(c) EPA Final Determination should be extended to
cover the work requested by Entergy.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms.
Barbara Keeler by phone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Bayou aux Carpes CWA Section 404(c) site
is located approximately ten miles south of New Orleans, Louisiana, on
the West Bank of Jefferson Parish. The site includes about 3,000 acres
of wetlands subject to federal jurisdiction under the CWA. The area is
bounded on the north by the Estelle Pumping Station Outfall Canal, on
the east by Bayou Barataria (Gulf Intracoastal Waterway), on the south
by Bayou Barataria and Bayou des Familles, and on the west by State
Highway 3134 and the ``V-Levee.'' In 2009, most of the site was
incorporated into the Barataria Unit of the Jean Lafitte National
Historic Park and Preserve and the site remains subject to the CWA
Section 404(c) restrictions.
    Entergy petitioned EPA for an exception to the October 16, 1985,
EPA Final Determination for the Bayou aux Carpes site in Jefferson
Parish, Louisiana, issued under Section 404(c) of the CWA. An exception
was provided in the 1985 restriction for discharges associated with
routine operation and maintenance of the Southern Natural Gas Pipeline
Company pipeline. Subsequently, the exception was extended to cover
minor discharges from emergency maintenance and relocation of a portion
of another existing pipeline operated by Shell Pipeline Corporation.
Both the original exception and the subsequent amended coverage were
allowed based on determinations that the proposed activities associated
with existing linear service utilities would be unlikely to result in
unacceptable adverse effects to the Bayou aux Carpes CWA Section 404(c)
site. The currently proposed coverage under the same exception is for a
similar purpose and is projected to entail minor temporary impacts to
the subject wetlands.
    The October 16, 1985, Bayou aux Carpes Clean Water Act Section
404(c) EPA Final Determination and other background information are
available online at: http://www.regulations.gov (Docket No. EPA-R06-OW-
2014-0569).

Background

    Section 404(c) of the CWA authorizes EPA to prohibit, deny,
restrict or withdraw the use of any defined area as a disposal site for
dredged or fill material if the discharge will have unacceptable
adverse effects on municipal water supplies, shellfish beds and fishery
areas (including spawning and breeding areas), wildlife, or
recreational areas. The U.S. Army Corps of Engineers (Corps) authorizes
thousands of CWA Section 404 permits every year and EPA works with the
Corps and applicants to resolve environmental concerns. Since the
passage of the CWA in 1972, EPA has finalized 404(c) prohibitions or
restrictions only 13 times. The use of this authority has typically
involved major projects with unacceptable impacts on some of America's
most ecologically valuable waters.
    On November 15, 1985, EPA published (50 FR 47267) a CWA Section
404(c) Final Determination prohibiting, with three exceptions, future
discharges of dredged or fill material to wetlands in the Bayou aux
Carpes site. The CWA Section 404(c) action was based upon a thorough
record of investigations, including field surveys, remote sensing and
other technical analyses conducted by three EPA facilities, the U.S.
Fish and Wildlife Service, the National Park Service, and the Louisiana
State University Center for Wetland Resources.
    The 1985 EPA Bayou aux Carpes CWA Section 404(c) Final
Determination included three exceptions. The first of the original
three approved exceptions is for discharges associated with the
completion of a specific design option for the Corps' Harvey Canal--
Bayou Barataria Levee Project, which was never constructed. The second
exception is for discharges associated with routine operation and
maintenance of the Southern Natural Gas Pipeline, under specified
conditions. The third exception provides for possible future EPA
approved habitat enhancement activities. EPA determined that these
three types of activities would be unlikely to result in unacceptable
adverse effects to the aquatic environment, as long as they were
performed in accordance with any specified conditions and complied with
any permit conditions that might be imposed by the Corps through the
CWA Section 404 permit process. A provision was also included to allow
other interests to petition EPA for reconsideration if, in the future,
other activities were to be proposed for public benefit which would
result in only minor impacts.
    There has been only one major modification to EPA's 1985 decision
to restrict discharges into the wetlands of the Bayou aux Carpes site.
The modification was granted to the Corps in 2009 in association with
the construction of flood risk reduction upgrades following Hurricane
Katrina. On November 4, 2008, the Corps requested that the Bayou aux
Carpes CWA Section 404(c) designation be modified to allow construction
of a floodwall along Bayou Barataria and tying into the planned West
Closure Complex, as part of the post-Hurricane Katrina upgrades known
as the Greater New Orleans Hurricane and Storm Damage Risk Reduction
System Project. This work was but a small part of the larger effort to
reduce flood risks to the 250,000 people living on the west bank of the
Mississippi River and to infrastructure supporting the greater New
Orleans area by building a more

resilient and reliable storm damage and risk reduction system, as
directed by Congress.
    Following a public meeting, opportunity for public comments,
extensive interagency coordination and thorough ecological analyses,
EPA approved the modification request on May 28, 2009, publishing the
decision at 74 FR 143 (July 28, 2009). EPA determined that construction
of the modified ``T-wall'' style floodwall within a 100 foot by 4,200
foot corridor (<= 9.6 acres) on a previously impacted area of the Bayou
aux Carpes site (along with commitments from the Corps that would
minimize construction impacts and provide for mitigation, wetland
enhancement and long-term monitoring) was an acceptable approach. EPA
found that compelling circumstances justified a modification, that
there were no less environmentally damaging practicable alternatives
that would adequately address those circumstances and that all feasible
means of minimizing adverse wetland effects to the Bayou aux Carpes
site would be implemented. This decision to modify a CWA Section 404(c)
Final Determination was unique in the history of such determinations
and EPA granted the modification in the belief that it would achieve a
balance between the national interest in reducing overwhelming flood
risks to the people and critical infrastructure of south Louisiana
while minimizing any damage to the Bayou aux Carpes Section 404(c) area
to the maximum degree possible in order to avoid unacceptable adverse
effects.
    In addition to that modification of the 1985 EPA Bayou aux Carpes
CWA Section 404(c) Final Determination, EPA has considered very few
requests for coverage under the original exceptions. In 1992, Shell
Pipeline Corporation requested permission to allow the discharge of
dredged and fill material effecting approximately 0.43 acres of
wetlands in the restricted site in connection with a proposed below
ground pipeline relocation. This work was necessary to facilitate the
enlargement of a federal hurricane protection levee and to remedy the
emergency reconstruction of a leaking temporary by-pass pipeline
segment. In addition, future routine operation and maintenance
activities associated with this pipeline were requested to be excluded
from the CWA Section 404(c) restriction. After notifying interested
parties of the request via Federal Register publication and
coordinating with the Corps and other agencies, EPA granted the
requests, publishing the decision at 57 FR 3757 (January 31, 1992). EPA
concluded that relocating the pipeline to non-wetlands was infeasible
from the perspectives of engineering and public safety, the work would
have only minimal and temporary effects on the wetlands at issue and
the work was essentially the same as that envisioned under the second
exception included in the 1985 Final Determination.
    Over the years, additional requests for modifications have been the
subject of initial analyses by EPA. In each of those cases, however,
the petitioners did not complete the analyses required for an agency
decision.

Proposed Activities

    On August 18, 2014, Entergy petitioned EPA for an exception to
cover anticipated temporary impacts to a total of 0.003 acres
(approximately 1.35 cubic yards) of wetlands resulting from operation
and maintenance activities for portions of an existing transmission and
portions of a distribution line located partially within the Bayou aux
Carpes Section 404(c) area.
    The Barataria to Alliance Transmission line was constructed in the
1960's by Entergy's predecessor, Louisiana Power & Light. Of the 74,012
total transmission line length, an 11,543 foot section and 15 towers
are within the 120 foot right-of-way that runs through the southern
portion of the Bayou aux Carpes CWA Section 404(c) site. The
distribution line and 15 wooden single poles course through
approximately 3,415 feet within a ten foot right-of-way section of the
Bayou aux Carpes site.
    Entergy has requested permission to conduct preventative
maintenance and inspections as required by Federal Energy Regulatory
Commission regulations, North American Electric Reliability Corporation
regulations, and Entergy's guidelines and procedures. Numerous
techniques for minimizing impacts have been proposed and alternatives
have been evaluated. The foreseeable activities are projected to
temporarily effect no more than 0.003 acres of the protected wetlands
during the remaining 50-60 years of expected facility life. Entergy has
requested that EPA extend authorization for this work under the 1985
EPA CWA Section 404(c) Bayou aux Carpes Final Determination exception
that covers the routine operation and maintenance of a similar linear
utility, namely the Southern Natural Gas Pipeline.
    EPA proposes to extend coverage, as specified in the request from
Entergy, under this exception because the work would have only minimal
and temporary effects on 0.003 acres of wetlands and would not be
considered to be unacceptable. Further, the activities to be conducted
are essentially the same as that envisioned under the Southern Natural
Gas Pipeline exception, which was granted in the 1985 EPA Bayou aux
Carpes CWA Section 404(c) Final Determination.

    Dated: September 23, 2014.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2014-23900 Filed 10-6-14; 8:45 am]
BILLING CODE 6560-50-P


P-20-0048-0049 Sanitized Support Documents Index:
 P-20-0048-0049 Sanitized Determination Document (linked)
 P-20-0048 Sanitized CHEM Report (attached)
 P-20-0049 Sanitized CHEM Report (attached)
 P-20-0048 Sanitized ECO Report (attached)
 P-20-0049 Sanitized ECO Report (attached)
 P-20-0048 Sanitized ENG Report (attached)
 P-20-0049 Sanitized ENG Report (attached)
 P-20-0048 Sanitized EXP Report (attached)
 P-20-0049 Sanitized EXP Report (attached)
 P-20-0048 Sanitized Fate Report (attached)
 P-20-0049 Sanitized Fate Report (attached)
 P-20-0048-0049 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


March 26, 2004 MEMO TO THE DOCKET FROM: Jan King, US EPA/ OAQPS/ OPSG On March 19, 2004, Lydia Wegman, Tom Helms, and Jan King of USEPA/ OAQPS/ AQSSD had a telephone conversation with Art Fraas of OMB. During this call Mr. Fraas stated that he was waiving formal review of the final Phase II NOx SIP Call rule. However, Mr. Fraas did do a courtesy review and made minor comments which were incorporated into the rule.


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 46950-46951]
[FR Doc No: 2019-19257]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9046-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 08/26/2019 Through 08/30/2019
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-enepa-public/action/eis/search.

EIS No. 20190212, Final Supplement, USFS, MT, Stonewall Vegetation,
Review Period Ends: 10/07/2019, Contact: Allen Byrd<PHONE_NUMBER>
EIS No. 20190213, Final, USFWS, MT, National Bison Range Final
Comprehensive Conservation Plan and Environmental Impact Statement,
Review Period Ends: 10/07/2019, Contact: Vanessa Fields<PHONE_NUMBER>,
ext. 219
EIS No. 20190214, Draft, AZDOT, AZ, North-South Corridor Study Tier 1
Draft Environmental Impact Statement, Comment Period Ends: 10/29/2019,
Contact: Katie Rodriguez<PHONE_NUMBER>
EIS No. 20190215, Final, CTDOH, CT, Resilient Bridgeport, Review Period
Ends: 10/07/2019, Contact: Rebecca French<PHONE_NUMBER>
EIS No. 20190216, Final, USFWS, BLM, NV, Hycroft Mine Phase II
Expansion Project, Review Period Ends: 10/07/2019, Contact: Taylor
Grysen<PHONE_NUMBER>
EIS No. 20190217, Final, USFWS, TX, Authorization of Incidental Take
and Implementation of the LCRA Transmission Services Corporation
Habitat Conservation Plan, Review Period Ends: 10/07/2019, Contact:
Adam Zerrenner<PHONE_NUMBER>

EIS No. 20190218, Final Supplement, NMFS, AK, Management of the
Subsistence Harvest of Northern Fur Seals on St. Paul Island, Alaska,
Review Period Ends: 09/26/2019, Contact: Michael Williams<PHONE_NUMBER>

    Under Section 1506.10(d) of the Council on Environmental Quality
Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act, the U.S. Environmental Protection Agency has
Granted a 10-Day Waiver for the above EIS.

Amended Notice

EIS No. 20190179, Final, USFWS, CA, Delta Research Station Project:
Estuarine Research Station and Fish Technology Center, Review Period
Ends: 09/12/2019, Contact: Robert Clarke<PHONE_NUMBER>

    Revision to FR Notice Published 08/09/2019; Extending the Comment
Period from 09/09/2019 to 09/12/2019.

    Dated: September 3, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-19257 Filed 9-5-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Page 21224]
[FR Doc No: 2022-07814]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, April 14, 2022.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  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.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    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), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

(Authority: 5 U.S.C. 552b.)

    Dated: April 7, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-07814 Filed 4-7-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78847-78848]
[FR Doc No: 2014-30625]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP15-272-000.
    Applicants: Petal Gas Storage, L.L.C.
    Description: Tariff Cancellation per 154.602: Filing to Cancel
Tariff and Tariff ID Number to be effective 1/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5061.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-273-000.
    Applicants: Dominion Transmission, Inc.
    Description: Sec.  4(d) rate filing per 154.204: DTI--December 22,
2014 Negotiated Rate Agreements to be effective 1/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5067.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-274-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) rate filing per 154.204:
Revisions_Housekeeping to be effective 2/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5139.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-275-000.

    Applicants: Bluewater Gas Storage, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Housekeeping
Tariff Filing to be effective 1/21/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5222.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-276-000.
    Applicants: MoGas Pipeline LLC.
    Description: Compliance filing per 154.203: MoGas Revised Tariff
Filing to be effective 2/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5303.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-277-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.601: Non-Conforming
Agreements Filing (Corona & Mountainair) to be effective 2/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5326.
    Comments Due: 5 p.m. ET 1/5/15.

    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 Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified date(s). Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-822-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing per 154.203: Compliance filing in
Docket No. RP14-822 to be effective 1/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5070.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP14-823-002.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing per 154.203: Compliance Filing in
Docket No. RP14-823-000 to be effective 1/1/2015.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5059.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-133-001.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Compliance filing per 154.203: Non-Conforming
Agreement Compliance (Chesapeake) to be effective 12/1/2014.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5305.
    Comments Due: 5 p.m. ET 1/5/15.

    Docket Numbers: RP15-182-001.
    Applicants: Gulf States Transmission LLC.
    Description: Compliance filing per 154.203: Metadata Filing to be
effective 12/19/2014.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5259.
    Comments Due: 5 p.m. ET 1/5/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: December 23, 2014.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2014-30625 Filed 12-30-14; 8:45 am]
BILLING CODE P


[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]
[Page 20640-20642]
[DOCID:fr16ap08-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0258; FRL-8361-1]

Triadimefon; Notice of Receipt of Request to Voluntarily Cancel
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
its registration for a product containing the pesticide triadimefon
(EPA Registration No. 432-1294). The request would not terminate the
last triadimefon product registered for use in the United States. EPA
intends to grant this request at the close of the comment period for
this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
request, or unless the registrant withdraws its request within this
period. Upon acceptance of this request, any sale, distribution, or use
of products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before May 16, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0258 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0258. EPA's policy is that all comments received will be included
in the docket without change and may be made

available on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Request to Cancel Registrations

    This notice announces receipt by EPA of a request from a
registrant, Bayer Environmental Science, to cancel the product Bayleton
50 Turf and Ornamental Fungicide in WSP and (Bayleton 50 WP Fungicide)
(EPA Registration No. 432-1294). The request will not terminate the
last triadimefon products registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant
to cancel a triadimefon product registration. The affected product and
the registrant making the request are identified in Tables 1 and 2 of
this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrant requests a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The triadimefon registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed request.
    Unless the request is withdrawn by the registrant within 30 days of
publication of this notice, or the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registration.

   Table 1.--Triadimefon Product Registration with Pending Request for
                              Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
432-1294                          Bayleton 50 Turf    Bayer
                                   and Ornamental      Environmental
                                   Fungicide in WSP    Science
                                   and Bayleton 50
                                   WP Fungicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the product listed in Table 1 of this unit.

         Table 2.--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
432                                         Bayer Environmental Science
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of triadimefon

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before May 16, 2008. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to this request for cancellation of
a product registration, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
identified or referenced in Table 1 or 2 in Unit III., as follows:
    Typically the Agency will permit a registrant to sell and
distribute existing stocks for 1 year after the date the cancellation
request was received. Such policy is in accordance with the Agency's
statement of policy as set forth in the Federal Register of June 26,
1991 (56 FR 29362) (FRL-3846-4). However, in this case, because the
registrant has provided information to the Agency that it is not likely
that any remaining existing stocks are out in the channels of trade,
the Agency does not believe that there is a need to permit the
registrant to sell or distribute existing stocks for a period of one
year. In addition, the Agency does not believe that there is a need for
persons other than the registrant to continue to sell and/or use
existing stocks of canceled products. The Agency believes that end
users have had sufficient time to exhaust those existing stocks.
Therefore, the last date for end use of the product will be effective
on the date of publication of the cancellation order in the Federal
Register.
    If the request for voluntary cancellation is granted, the Agency
intends to publish the cancellation order in the Federal Register. If
the Agency receives comment that the final cancellation order should
contain existing stocks provisions different than the ones just
described, the Agency will consider the comments. If needed, the Agency
will make any changes to the existing stocks provisions in the
cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 9, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-7996 Filed 4-15-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3058-3060]
[FR Doc No: 2013-00663]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68612; File No. SR-NSX-2012-27]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Fee and Rebate Schedule

 January 9, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on December 27, 2012, National Stock
Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') filed with the
Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change, as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comment on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend to amend its Fee and Rebate
Schedule (the ``Fee Schedule'') issued pursuant to Exchange Rule
16.1(a) to modify the Order Delivery Notification Fee charged for each
Order Delivery Notification \3\ transmitted by the Exchange to an
Equity Trading Permit (``ETP'')\4\ Holder using the Exchange's Order
Delivery mode (``Order Delivery Mode'').
---------------------------------------------------------------------------

    \3\ An ``Order Delivery Notification'' refers to a message sent
by the Exchange to the Order Delivery participant communicating the
details of the full or partial quantity of an inbound contra-side
order that potentially may be matched within the System for
execution against an Order Delivery Order.
    \4\ Exchange Rule 1.5 defines the term ``ETP'' as an Equity
Trading Permit issued by the Exchange for effecting approved
securities transactions on the Exchange's Trading Facilities.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at www.nsx.com, at the Exchange's principal office, 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 amend its Fee Schedule issued pursuant to
Exchange Rule 16.1(a) to increase the Order Delivery Notification Fee
charged for each Order Delivery Notification transmitted by the
Exchange to an ETP Holder using the Exchange's Order Delivery Mode from
$0.29 to $0.35.
    The Exchange's Order Delivery Mode provides Electronic
Communication Networks (``ECNs'') with an electronic trading platform
to interact with the National Market System. Order Delivery Mode
provides ECNs with the ability to (i) Publish quotations into the
consolidated quotation system, (ii) receive ``protected quotation''
status under Rule 611 of Regulation NMS,\5\ (iii) receive an Order
Delivery Notification when there is a potential match against a
published quotation, and (iv) distribute attributed quotations through
the Exchange's Depth-of-Book market data product.\6\
---------------------------------------------------------------------------

    \5\ 17 CFR 611.
    \6\ ECNs can also use Order Delivery Mode to fulfill certain
regulatory obligations such as qualifying as an ECN Display
Alternative (17 CFR 242.602(b)(5)(i)) or publishing quotations in
the consolidated quotation system when the five (5) percent order
display requirement is triggered (17 CFR 242.301(b)(3)(B)).
---------------------------------------------------------------------------

    On December 3, 2012, the Exchange amended Section IV of its Fee
Schedule to adopt an Order Delivery Notification Fee for Order Delivery
participants.\7\ The Exchange adopted the Order Delivery Notification
Fee as a means of recouping the development and ongoing operational
costs, excluding the costs of regulation, of Order Delivery Mode. The
Order Delivery Notification Fee is currently $0.29 for each Order
Delivery Notification sent by the Exchange to an Order Delivery
participant, which is capped at 1.5 million Order Delivery
Notifications per month.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 68391 (December 10,
2012), 77 FR 74536 (December 14, 2012) (SR-NSX-2012-25).
---------------------------------------------------------------------------

    The Exchange now proposes to increase the Order Delivery
Notification Fee from $0.29 to $0.35. The Order Delivery Notification
Fee cap will remain unchanged. The Exchange believes the modified fee
is better designed to recover the development and ongoing operational
costs, excluding the costs of regulation, of Order Delivery Mode.
    The Exchange believes that this approach equitably allocates fees
among its ETP Holders and is not unfairly discriminatory because Order
Delivery Mode provides ECNs with advertising through attributed
quotations which facilitates an increasing rate of executions away from
the Exchange. This disproportionate trade-to-quote ratio in Order
Delivery Mode is a result of ECNs successfully leveraging the
Exchange's infrastructure to develop their businesses away from the
Exchange, even as the majority of the Exchange's operational costs are
fixed. Consequently, the Exchange strongly believes that relying on
transaction-based revenues to support Order Delivery Mode is not
feasible. The Exchange believes that it is equitable and not unfairly
discriminatory to charge for the services provided to Order Delivery
Participants as a means to recover the development and ongoing
operational costs, excluding the costs of regulation, of Order Delivery
Mode.
Operative Date and Notice
    The Exchange will make the proposed modifications, which are
effective on filing of this proposed rule, operative as of commencement
of trading on January 2, 2013.\8\ Pursuant to Exchange Rule 16.1(c),
the Exchange will ``provide ETP Holders with notice of all relevant
dues, fees, assessments and charges of the Exchange'' through the
issuance of an Information Circular of the changes to the Fee Schedule
and will post a copy of the rule filing on the Exchange's Web site
(www.nsx.com).
---------------------------------------------------------------------------

    \8\ While the Exchange proposes to amend the date of its Fee
Schedule to January 1, 2013, it will not implement the proposed fee
changes until Wednesday, January 2, 2013, the first day of trading.
The Exchange proposes to amend the Fee Schedule's date to January 1,
2013 as it contains non-transaction based fees that are charged on a
monthly basis.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the amended Order Delivery Notification
Fee for Order Delivery participants is consistent with the provisions
of Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\9\ in general, and furthers the objectives of Section 6(b)(4)
of the Act,\10\ in particular, because it provides for the equitable
allocation of reasonable dues, fees and other charges among its ETP
Holders and other persons using the facilities of the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the amended Order Delivery Notification Fee
is reasonable because Order Delivery Mode imposes on the Exchange
greater operational costs than should the Exchange offer only automatic
execution mode of interaction (``Auto-Ex Mode''),\11\ because Order
Delivery Mode is a model that utilizes a substantial portion of the
Exchange's infrastructure, operational and processing resources. Order
Delivery Participants are eligible to submit (or not submit) liquidity
adding quotes, and may do so at their discretion in the daily volumes
they choose during any given trading day. As stated earlier, due to the
low level of executions resulting from the quotation activity, the
Exchange does not believe that a transaction-based fee is a reasonable
means for the Exchange to recover the development and the ongoing
operational costs of the Order Delivery program. Therefore, the
Exchange believes that it is reasonable to charge an Order Delivery
Participant the amended fee which covers the proportionate cost of
their participation in, and services provided by, the Exchange's Order
Delivery Mode.
---------------------------------------------------------------------------

    \11\ Under Auto-Ex Mode, the Exchange matches and executes like-
priced orders (including against Order Delivery orders resting on
the NSX book). Auto-Ex orders resting in the NSX book execute
immediately when matched against a marketable incoming contra-side
Auto-Ex order.
---------------------------------------------------------------------------

    Furthermore, the Exchange believes that the amended Order Delivery
Fee is consistent with the provisions of Section 6(b)(5) of the
Act,\12\ because it is equitable and not unfairly discriminatory. As
stated above, Order Delivery participants utilize a substantial portion
of the Exchange's infrastructure, operational and processing resources.
The Order Delivery Notification Fee is a mechanism under which the
Exchange can recoup the costs associated with Order Delivery Mode. The
Exchange believes that it is equitable and not unfairly discriminatory
to charge an Order Delivery Participant a fee which covers the
proportionate cost of a unique technology that offers Order Delivery
Mode.
---------------------------------------------------------------------------

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

    The Exchange will evaluate the Order Delivery Notification Fee on
an ongoing

basis to ensure that it remains reasonable, equitable and not unfairly
discriminatory among all ETP Holders.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Order Delivery
Notification Fee is a mechanism under which the Exchange can recoup the
costs associated with Order Delivery Mode. Order Delivery Participants
are eligible to submit (or not submit) liquidity adding quotes, and may
do so at their discretion in the daily volumes they choose during any
given trading day. The Order Delivery Notification Fee is designed
solely to allow the Exchange to recover the costs associated with
operating Order Delivery Mode and applies to all Order Delivery
participants. Therefore, the Exchange does not believe the modified
Order Delivery Notification Fee imposes any burden on completion that
is not necessary or appropriate in furtherance of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Exchange Act \13\ and subparagraph
(f)(2) of Rule 19b-4.\14\ At any time within 60 days of the filing of
such 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2012-27 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2012-27. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NSX-2012-27, and should be submitted on or before
February 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00663 Filed 1-14-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76159-76161]
[FR Doc No: 2011-31247]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0923, FRL-9500-2]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Revisions to the RCRA Definition of Solid Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to the Office of Management and Budget (OMB) to renew
an existing approved Information Collection Request (ICR) concerning
the definition of Solid Waste. This ICR is scheduled to expire on May
31, 2012. Before submitting the ICR to OMB for review and approval, EPA
is soliciting comments on specific aspects of the proposed information
collection as described below.

DATES: Comments must be submitted on or before February 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0923, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: RCRA Docket (28221T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave. NW., Room 3334,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0923. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business

Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Richard Huggins, Materials Recovery
and Waste Management Division, Office of Resource Conservation and
Recovery, (5304P), Environmental Protection Agency, 2733 South Crystal
Drive, Arlington, VA 22202; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2002-0031, which is available for online viewing at
www.regulations.gov, or in person viewing at the RCRA Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for RCRA Docket is<PHONE_NUMBER>.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action
include approximately 5,600 facilities in 280 industries in 21 economic
sectors that generate or recycle hazardous secondary materials that are
currently regulated as RCRA Subtitle C hazardous wastes (e.g.,
secondary materials, such as industrial co-products, by-products,
residues, and unreacted feedstocks). Approximately 60% of these
affected facilities are classified in NAICS code economic sectors 31,
32, and 33 (manufacturing). The remaining economic sectors, which have
more than ten affected industries each, are in NAICS codes 48
(transportation), 42 (wholesale trade), and 56 (administrative support,
waste management and remediation).
    Title: Revisions to the RCRA Definition of Solid Waste.
    ICR numbers: EPA ICR No. 2310.01, OMB Control No. 2050-0202.
    ICR status: This ICR is currently scheduled to expire on May 31,
2012. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The U.S. Environmental Protection Agency (EPA) has
published final revisions to the definition of solid waste that exclude
certain hazardous secondary materials from regulation under Subtitle C
of the Resource Conservation and Recovery Act (RCRA), as amended. The
information requirements help ensure that (1) entities operating under
the regulatory exclusions contained in today's action are held
accountable to the applicable requirements; (2) state inspectors can
verify compliance with the restrictions and conditions of the
exclusions when needed; and (3) hazardous secondary materials exported
for recycling are actually handled as commodities abroad.
    Burden Statement: Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review

instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    For the recordkeeping and reporting requirements applicable to
hazardous secondary materials sent for reclamation, the aggregate
annual burden to respondents over the three-year period covered by this
ICR is estimated to be 11,552 hours, with a cost to affected entities
(i.e., industrial facilities) of $1,417,242. However, this represents
an annual reduction in burden to respondents of 52,050 hours,
representing a cost reduction of $3,474,035 per year. The estimated
annual operation and maintenance costs to affected entities are
$739,469 per year, primarily for purchasing audit or other similar type
reports. There are no startup costs and no costs for purchases of
services. Administrative costs to the Agency are estimated to be 1,257
hours per year, representing an annual cost of $49,891. Burden is
defined at 5 CFR 1320.3(b).

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 22, 2011.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2011-31247 Filed 12-5-11; 8:45 am]
BILLING CODE 6560-50-P