[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36183-36184]
[DOCID:fr22jy09-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 739-021]

Appalachian Power Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

July 15, 2009.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 739-021.
    c. Date Filed: April 7, 2009.
    d. Applicant: Appalachian Power Company.
    e. Name of Project: Claytor Lake Project.
    f. Location: The project is located on the New River, in Pulaski
County, Virginia. The proposed non-project use is at the site of the
existing Rock House Marina, located at the upper end of Peak Creek on
Claytor Lake, the project reservoir.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.

    h. Applicant Contact: Teresa P. Rogers, Hydro Generation
Department, Appalachian Power Company, P.O. Box 2021, Roanoke, Virginia
24022-2121,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Shana High, telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: August 17, 2009.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, it
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Appalachian Power Company requests
Commission authorization to permit Rock House Marina to replace its
floating docks; dredge approximately 2,500 cubic yards of accumulated
lakebed sediment; construct up to 17 fixed, covered docks; reface
existing bulkheads; and construct two new sections of seawall. The
existing marina can moor up to 128 boats. After completion of the
proposed improvements, the marina would have 113 boat slips available
for public use.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE, Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-17341 Filed 7-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53682-53684]
[FR Doc No: 2013-21272]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0360; FRL-9394-9]

Tetrachlorvinphos; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the existing time-limited interim
tolerances by converting them to permanent tolerances for the combined
residues of the insecticide tetrachlorvinphos, including its
metabolites, in or on multiple commodities identified in this document,
under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 30, 2013. Objections and
requests for hearings must be received on or before October 29, 2013,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0360, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's eCFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2011-0360 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
October 29, 2013. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2011-0360, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/

DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    A detailed summary of the background related to EPA's extension of
the time-limited interim tolerances for the combined residues of the
insecticide tetrachlorvinphos, including its metabolites, in or on
multiple commodities can be found in the Federal Register documents of
August 14, 2002 (67 FR 52985) (FRL-7192-4); February 6, 2008 (73 FR
6867) (FRL-8345-2); September 17, 2008 (73 FR 53732) (FRL-8375-2); June
8, 2011 (76 FR 33184) (FRL-8874-7); September 16, 2011 (76 FR 57657)
(FRL-8887-5); March 6, 2013 (78 FR 14487) (FRL-9380-8); March 13, 2013
(78 FR 15880) (FRL-9380-9); and in the proposed rule for this action on
June 12, 2013 (78 FR 35189) (FRL-9390-3). The referenced documents in
this unit are available in the docket for the proposed rule under
docket ID number EPA-HQ-OPP-2011-0360 at http://www.regulations.gov.
There were no substantive comments received in response to the proposed
rule of June 12, 2013 (78 FR 35189).

III. Conclusion

    For the reasons stated in the Agency's proposed rule of June 12,
2013 (78 FR 35189) (FRL-9390-3), EPA is now finalizing its proposal to
amend the existing time-limited interim tolerances by making them
permanent for the combined residues of the insecticide
tetrachlorvinphos [(Z)-2-chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its metabolites, 1-(2,4,5-
trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol: in or
on cattle, fat (of which no more than 0.1 parts per million (ppm) is
tetrachlorvinphos per se) at 0.2 ppm; cattle, kidney (of which no more
than 0.05 ppm is tetrachlorvinphos per se) at 1.0 ppm; cattle, liver
(of which no more than 0.05 ppm is tetrachlorvinphos per se) at 0.5
ppm; cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos
per se) at 2.0 ppm; cattle, meat byproducts, except kidney and liver at
1.0 ppm; egg (of which no more than 0.05 ppm is tetrachlorvinphos per
se) at 0.2 ppm; hog, fat (of which no more than 0.1 ppm is
tetrachlorvinphos per se) at 0.2 ppm; hog, kidney (of which no more
than 0.05 ppm is tetrachlorvinphos per se) at 1.0 ppm; hog, liver (of
which no more than 0.05 ppm is tetrachlorvinphos per se) at 0.5 ppm;
hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se)
at 2.0 ppm; hog, meat byproducts, except kidney and liver at 1.0 ppm;
milk, fat (reflecting negligible residues in whole milk and of which no
more than 0.05 ppm is tetrachlorvinphos per se) at 0.05 ppm; poultry,
fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) at 7.0
ppm; poultry, liver (of which no more than 0.05 ppm is
tetrachlorvinphos per se) at 2.0 ppm; poultry, meat (of which no more
than 3.0 ppm is tetrachlorvinphos per se) at 3.0 ppm; and poultry, meat
byproducts, except liver at 2.0 ppm.

IV. Statutory and Executive Order Reviews

    This final rule amends tolerances under FFDCA section 408(e) of
FFDCA. The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this final rule has been exempted from review under Executive
Order 12866, this final rule is not subject to Executive Order 13211,
entitled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    In addition, under the Regulatory Flexibility Act (RFA) (5 U.S.C.
601 et seq.), the Agency previously assessed whether establishing
tolerances, exemptions from tolerances, raising tolerance levels, or
expanding exemptions might adversely impact small entities and
concluded, as a generic matter, that there is no adverse economic
impact. The factual basis for the Agency's generic certification for
tolerance actions was published on May 4, 1981 (46 FR 24950), and was
provided to the Chief Counsel for Advocacy of the Small Business
Administration.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 14, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.252, revise the table in paragraph (a) to read as
follows:

Sec.  180.252  Tetrachlorvinphos; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, fat (of which no more than 0.1 ppm is                        0.2
 tetrachlorvinphos per se)..............................
Cattle, kidney (of which no more than 0.05 ppm is                    1.0
 tetrachlorvinphos per se)..............................
Cattle, liver (of which no more than 0.05 ppm is                     0.5
 tetrachlorvinphos per se)..............................
Cattle, meat (of which no more than 2.0 ppm is                       2.0
 tetrachlorvinphos per se)..............................
Cattle, meat byproducts, except kidney and liver........             1.0
Egg (of which no more than 0.05 ppm is tetrachlorvinphos             0.2
 per se)................................................
Hog, fat (of which no more than 0.1 ppm is                           0.2
 tetrachlorvinphos per se)..............................
Hog, kidney (of which no more than 0.05 ppm is                       1.0
 tetrachlorvinphos per se)..............................
Hog, liver (of which no more than 0.05 ppm is                        0.5
 tetrachlorvinphos per se)..............................
Hog, meat (of which no more than 2.0 ppm is                          2.0
 tetrachlorvinphos per se)..............................
Hog, meat byproducts, except kidney and liver...........             1.0
Milk, fat (reflecting negligible residues in whole milk             0.05
 and of which no more than 0.05 ppm is tetrachlorvinphos
 per se)................................................
Poultry, fat (of which no more than 7.0 ppm is                       7.0
 tetrachlorvinphos per se)..............................
Poultry, liver (of which no more than 0.05 ppm is                    2.0
 tetrachlorvinphos per se)..............................
Poultry, meat (of which no more than 3.0 ppm is                      3.0
 tetrachlorvinphos per se)..............................
Poultry, meat byproducts, except liver..................             2.0
------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-21272 Filed 8-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56234-56235]
[FR Doc No: 2019-22962]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, October 23, 2019.

PLACE: The meeting will be held 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 matters 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;
    Consideration of amicus participation; and
    Other matters relating to 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.

    Dated: October 16, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-22962 Filed 10-17-19; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5392-5394]
[FR Doc No: 2023-01627]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96734; File No. SR-NYSECHX-2023-04]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Order Granting Accelerated Approval of a Proposed Rule
Change To Add Violations of Article 6, Rule 13 to the List of Minor
Rule Violations in Rule 10.9217

January 23, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 9, 2023, NYSE Chicago, Inc. (``NYSE Chicago'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and approving the proposal
on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add Article 6, Rule 13 (Registration
Requirements) to the list of minor rule violations in Rule 10.9217. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item III 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to add Article 6, Rule 13 (Registration
Requirements) to the list of minor rule violations in Rule 10.9217.
    Article 6, Rule 13, which was adopted in 2018,\4\ sets forth the
requirements for persons engaged in the investment banking or
securities business of a Participant to be registered with the Exchange
as a representative or principal in each category of registration
appropriate to his or her functions and responsibilities as specified
in Article 6, Rule 14.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 84896 (December 20,
2018), 83 FR 67376 (December 28, 2018) (SR-CHX-2018-07) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Regarding
Qualification, Registration and Continuing Education Requirements
Applicable to Participants).
---------------------------------------------------------------------------

    The Exchange proposes to add Article 6, Rule 13 to the list of
rules in Rule 10.9217 eligible for disposition pursuant to a fine under
Rule 10.9216(b). Specifically, the Exchange proposes to add Article 6,
Rule 13 to the ``List of Rule Violations and Fines Applicable Thereto''
as item 25 under current subsection (e), titled ``Reporting and Record
Retention Violations.'' The substantially similar version of Article 6,
Rule 13 was adopted by the Exchange's affiliate New York Stock Exchange
LLC (``NYSE'') in 2018 \5\ and is currently eligible for minor rule
fines under the NYSE's version of Rule 10.9217.\6\ The Exchange
believes that having the ability to issue a minor rule fine for failing
to comply with the registration requirements of Article 6, Rule 13
would be consistent with and complement the Exchange's current ability
to issue minor rule fines for other registration violations (e.g.,
Registration and Approval of Participant Personnel (Article 6, Rule
2(a) & (b), Registration of Market Makers and Market Maker Authorized
Traders (Article 16, Rules 1 and 3)). The Exchange further believes
that the violations of the registration requirements are particularly
suited to minor rule fines because minor fines provide a reasonable
means of addressing violations that do not rise to the level of
requiring formal disciplinary proceedings, while providing greater
flexibility in handling certain violations.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 84336 (October 2,
2018), 83 FR 50727 (October 9, 2018) (SR-NYSE-2018-44) (Notice of
Filing and Immediate Effectiveness of Amendments To Rules Regarding
Qualification, Registration and Continuing Education Applicable to
Members and Member Organizations). The Exchange's other affiliates
also adopted substantially similar versions of Article 6, Rule 13.
See NYSE American LLC (``NYSE American'') Rule 2.1210; NYSE Arca,
Inc. (``NYSE Arca'') Rule 2.1210; & NYSE National, Inc. (``NYSE
National'') Rule 2.1210.
    \6\ See NYSE Rule 9217. The substantially similar versions of
Article 6, Rule 13 are also eligible for minor rule fines under each
affiliate's version of Rule 10.9217. See NYSE American Rule 9217;
NYSE Arca Rule 10.9217(g)(13); & NYSE National Rule 10.9217(f).
---------------------------------------------------------------------------

    The Exchange further proposes to add fine levels for violations of
Article 6, Rule 13. The Exchange would add proposed first, second and
third level fines for violations of Article 6, Rule 13 to the fine
schedule of $250 for the first violation, $750 for the second violation
and $1,500 for the third and subsequent violations. The proposed fine
levels would be the same as those in current Rule 10.9217(f).13 and
(f).21 for violations of Article 6, Rule 2(a) & (b) and Article 16,
Rules 1 and 3, respectively.
    The Exchange believes that the proposed change would strengthen the
Exchange's ability to carry out its

oversight and enforcement responsibilities in cases where full
disciplinary proceedings are unwarranted in view of the minor nature of
the particular violation.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Act,\7\ in general, and furthers the objectives of section 6(b)(5),\8\
in particular, because it is 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 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Minor rule fines provide a meaningful sanction for minor or
technical violations of rules when the conduct at issue does not
warrant stronger, immediately reportable disciplinary sanctions. The
inclusion of a rule in Rule 10.9217 does not minimize the importance of
compliance with the rule, nor does it preclude the Exchange from
choosing to pursue violations of eligible rules through formal
disciplinary action if the nature of the violations or prior
disciplinary history warrants more significant sanctions. Rather, the
Exchange believes that the proposed rule change will strengthen the
Exchange's ability to carry out its oversight and enforcement
responsibilities in cases where full disciplinary proceedings are
unwarranted in view of the minor nature of the particular violation.
The option to impose a minor rule sanction gives the Exchange
additional flexibility to administer its enforcement program in the
most effective and efficient manner while still fully meeting the
Exchange's remedial objectives in addressing violative conduct. The
proposed rule change is thus designed to prevent fraudulent and
manipulative acts and practices because it will provide the Exchange
the ability to issue a minor rule fine for violations of the
registration requirements set forth in Article 6, Rule 13 where a more
formal disciplinary action may not be warranted or appropriate. In
addition, the Exchange believes that adding rules based on the rules of
its affiliate to the Exchange's minor rule plan would promote fairness
and consistency in the marketplace by permitting the Exchange to issue
a minor rule fine for violations of substantially similar rules that
are already eligible for minor rule treatment, thereby harmonizing
rules eligible for minor rule fines across affiliated exchanges.
    The Exchange further believes that the proposed amendments to Rule
10.9217 are consistent with section 6(b)(6) of the Act,\9\ which
provides that members and persons associated with members shall be
appropriately disciplined for violation of the provisions of the rules
of the Act, the rules and regulations thereunder, and the rules of the
exchange, by expulsion, suspension, limitation of activities,
functions, and operations, fine, censure, being suspended or barred
from being associated with a member, or any other fitting sanction. As
noted, the proposed rule change would provide the Exchange ability to
sanction minor or technical violations of proposed Article 6, Rule 13
pursuant to the Exchange's rules. Finally, the Exchange also believes
that the proposed changes are designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with sections 6(b)(7) and 6(d) of the Act.\10\ Rule 10.9217
does not preclude a member organization or covered person from
contesting an alleged violation and receiving a hearing on the matter
with procedural rights through a litigated disciplinary proceeding.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(6).
    \10\ 15 U.S.C. 78f(b)(7) and 78f(d).
---------------------------------------------------------------------------

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 proposed change is not
designed to address any competitive issue but rather to update the
Exchange's rules to strengthen the Exchange's ability to carry out its
oversight and enforcement functions and deter potential violative
conduct and to align the Exchange's rule setting forth violations
eligible for a minor rule fine more closely with that of its
affiliates.

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

    No written comments were solicited or received with respect to the
proposed rule change.

III. 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-NYSECHX-2023-04 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-NYSECHX-2023-04. 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-NYSECHX-2023-04 and should be submitted
on or before February 17, 2023.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with

the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\11\ In particular, the
Commission finds that the proposed rule change is consistent with
section 6(b)(5) of the Act,\12\ which requires that the rules of an
exchange be designed to promote just and equitable principles of trade,
to remove impediments and to perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission also believes that
the proposal is consistent with sections 6(b)(1) and 6(b)(6) of the Act
\13\ which require that the rules of an exchange enforce compliance
with, and provide appropriate discipline for, violations of Commission
and Exchange rules. Finally, the Commission finds that the proposal is
consistent with the public interest, the protection of investors, or
otherwise in furtherance of the purposes of the Act, as required by
Rule 19d-1(c)(2) under the Act,\14\ which governs minor rule violation
plans.
---------------------------------------------------------------------------

    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \14\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    As stated above, the Exchange proposes to add Article 6, Rule 13
(Registration Requirements), to the list of minor rule violations in
Rule 10.9217, including in the fine schedule. The Commission believes
that Rules 10.9216(b) and 10.9217 are an effective way to discipline a
member for a minor violation of a rule. More specifically, the
Commission believes that the proposed addition of Article 6, Rule 13 to
the Exchange's list of current minor rule violations provides a
reasonable means of addressing violations that do not rise to the level
of requiring formal disciplinary proceedings, while providing greater
flexibility in handling certain violations. The Commission also
believes that amending the associated fine schedule is consistent with
the Act because it may help the Exchange's ability to better carry out
its oversight and enforcement responsibilities by levying appropriate
fines for minor violations of the rules included in Rule 10.9217,
including minor violations of Article 6, Rule 13.
    In approving the proposed rule change, the Commission in no way
minimizes the importance of compliance with the Exchange's rules and
all other rules subject to fines under Rules 10.9216(b) and 10.9217.
The Commission believes that a violation of any self-regulatory
organization's rules, as well as Commission rules, is a serious matter.
However, Rules 10.9216(b) and 10.9217 provide a reasonable means of
addressing rule violations that may not rise to the level of requiring
formal disciplinary proceedings, while providing greater flexibility in
handling certain violations. The Commission expects that the Exchange
will continue to conduct surveillance with due diligence and make a
determination based on its findings, on a case-by-case basis, whether a
fine of more or less than the recommended amount is appropriate for a
violation under Rules 10.9216(b) and 10.9217 or whether a violation
requires formal disciplinary action.
    For the same reasons as discussed above, the Commission finds good
cause, pursuant to section 19(b)(2) of the Act,\15\ for approving the
proposed rule change prior to the thirtieth day after the date of
publication of the notice of the filing thereof in the Federal
Register. The proposal will assist the Exchange in preventing
fraudulent and manipulative practices by allowing the Exchange to
adequately enforce compliance with, and provide appropriate discipline
for, violations of Exchange rules. Moreover, the proposed changes raise
no new or novel issues. Accordingly, the Commission believes that a
full notice-and-comment period is not necessary before approving the
proposal.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act
\16\ and Rule 19d-1(c)(2) thereunder,\17\ that the proposed rule change
(SR-NYSECHX-2023-04) be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01627 Filed 1-26-23; 8:45 am]
BILLING CODE P


[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74520]
[DOCID:fr12de06-86]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP06-589-000, RP06-589-001, RP05-617-000]

Texas Gas Transmission, LLC; Notice of Technical Conference

December 6, 2006.
    Take notice that the Commission will convene a technical conference
on Tuesday, January 9, 2007, at 10 a.m., in a room to be designated at
the offices of the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington DC 20426.
    The technical conference will discuss the issues raised by Texas
Gas Transmission, LLC's September 11, 2006 annual filing, as amended
September 12, 2006, to adjust its Effective Fuel Retention Percentages
pursuant to section 16 of the General Terms and Conditions of its
tariff. The order establishing a technical conference was issued on
October 31, 2006.\1\
---------------------------------------------------------------------------

    \1\ Texas Gas Transmission, LLC, 117 FERC ] 61,138 (2006).
---------------------------------------------------------------------------

    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For further
information please contact Joseph Dooley at<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
[FR Doc. E6-21095 Filed 12-11-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Notices]
[Page 71643-71644]
[DOCID:fr25no08-66]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2008-0701; FRL-8744-7]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Focus Groups as Used by EPA for Economics Projects
(Renewal); EPA ICR No. 2205.02, OMB Control No. 2090-0028

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 an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before December 26,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2008-0701, to (1) EPA online using www.regulations.gov (our preferred
method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Office of Environmental
Information, Environmental Protection Agency, Mailcode: 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Nathalie Simon, National Center for
Environmental Economics, Office of Policy Economics and Innovation,
(1809T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:202-566-2347; fax number: 202-
566-2363; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 23, 2008 (73 FR 54798), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA EPA-HQ-OA-2008-0701, which is available for online viewing at
www.regulations.gov, or in person viewing at the Office of
Environmental Information (OEI) 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 8:30 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 the
OEI Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other

information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: Focus Groups as Used by EPA for Economics Projects
(Renewal).
    ICR numbers: EPA ICR No. 2205.02, OMB Control No. 2090-0028.
    ICR Status: This ICR is scheduled to expire on November 30, 2008.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The Environmental Protection Agency (EPA) is seeking
renewal of a generic information collection request (ICR) for the
conduct of focus groups and one-on-one interviews related to survey
development for economics projects. Focus groups are groups of
individuals brought together for moderated discussions on a specific
topic or issue. These groups are typically formed to gain insight and
understanding of attitudes and perceptions held by the public
surrounding a particular issue. One-on-one interviews, as the term
implies, are individual interviews in which a respondent is generally
asked to review materials and provide feedback on their content and
design as well as the thought processes that the materials invoke.
Focus groups and one-on-one interviews (hereafter referred to
collectively as ``focus groups'') used as a qualitative research tool
have three major purposes:
     To better understand respondents' attitudes, perceptions
and emotions in response to specific topics and concepts;
     To obtain respondent information useful for better
defining variables and measures in later quantitative studies; and
     To further explore findings obtained from quantitative
studies.
    Through these focus groups, the Agency will be able to gain a more
in-depth understanding of the public's attitudes, beliefs, motivations
and feelings regarding specific issues and will provide invaluable
information regarding the quality of draft survey instruments. Focus
group discussions are necessary and important steps in the design of a
quality survey. The target population for the focus group discussions
will vary by project, but will generally include members of the general
public. Participation in the focus groups will be completely voluntary.
Each focus group will fully conform to federal regulations--
specifically the Privacy Act of 1974 (5 U.S.C. 552a), the Hawkins-
Stafford Amendments of 1988 (Pub. L. 100-297), and the Computer
Security Act of 1987.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2.33
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Individuals.
    Estimated Number of Respondents: 337.
    Frequency of Response: Once.
    Estimated Total Annual Hour Burden: 786.
    Estimated Total Annual Cost: $22,385, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 214 hours in the
annual estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is based on new estimates provided
by the program offices at EPA on their projected use of focus groups.

    Dated: November 19, 2008.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E8-27965 Filed 11-24-08; 8:45 am]

BILLING CODE 6560-50-P


Notes on phone conversation between Matthew LaPenta (Abt Associates) and Kip Howlett, Hardwood Plywood and Veneer Association, November 29, 2010.

1.  250 is too large a number for the number of kitchen cabinet laminated

product manufacturers - it is fewer than a dozen. Said Dick Titus told him

this and I pointed out that he told me that was the case for KCMA members.

When I asked if smaller manufacturers not as well represented by KCMA might

do this he said they would.  (However, that is not consistent with what CMA

said).

2.  250 residential and 500 office furniture manufacturers is about right

for furniture manufacturers who make laminated products

3.  About 70% of EWF production is fully laid up (subject to CARB).  There

are 26-28 EWF manufacturers. When I said that I thought there were 5-10 who

laid up the plywood themselves he said that was much too low.  (This

implies that we were missing a significant number of EWF manufacturers from

our survey sample).

4.  100 is about right for the number of custom panel manufacturers making

laminated products

5.  Imported Chinese EWF, furniture, and ready-to-assemble kitchen cabinets

represents $5 billion worth of HWPW compared to the domestic HWPW industry

which is $3-$4 billion.

6.  North American HWPW production is: 33% EWF, 33% Canada/West of Rockies,

and 33% I5 Corridor

7.  60% of HWPW production is veneer core

8.  98% of EWF is veneer core

9.  Cabinets are 100% veneer core

10.  40% of HWPW market is cut-to-size

11.  Product lines for CARB can be represented by the product with the most

porous species of face veneer and thickest core of the same type (separate

testing for each face veneer type is not necessary)

12.  Would not estimate share of HWPW production that is laminated products


[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 10864-10867]
[FR Doc No: 2023-03148]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2021-0486; EPA-HQ-OLEM-2022-0828; EPA-HQ-OLEM-2022-0854;
EPA-HQ-OLEM-2022-0947; EPA-HQ-OLEM-2022-0948; EPA-HQ-OLEM-2022-0949;
EPA-HQ-OLEM-2022-0964; EPA-HQ-OLEM-2022-0965; EPA-HQ-OLEM-2022-0966;
EPA-HQ-OLEM-2022-0968; EPA-HQ-SFUND-2023-0021; FRL-10633-01-OLEM]

Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to delete three sites and partially delete eight sites from
the National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is an appendix of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). The EPA and the states,
through their designated state agency, have determined that all
appropriate response actions under CERCLA have been completed. However,
this deletion does not preclude future actions under Superfund.

DATES: Comments regarding this proposed action must be submitted on or
before March 24, 2023.

ADDRESSES: EPA has established a docket for this action under the
Docket Identification numbers included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. Submit your comments, identified
by the appropriate Docket ID number, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: Table 2 in the SUPPLEMENTARY INFORMATION section of
this document provides an email address to submit public comments for
the proposed deletion action.
    Instructions: Direct your comments to the Docket Identification
number included in Table 1 in the SUPPLEMENTARY INFORMATION section of
this document. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or email. The https://www.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 email comment directly to EPA without
going through https://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.
    Docket: EPA has established a docket for this action under the
Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. The Final Close-Out
Report (FCOR, for a full site deletion) or the Partial Deletion
Justification (PDJ, for a partial site deletion) is the primary
document which summarizes site information to support the deletion. It
is typically written for a broad, non-technical audience and this
document is included in the deletion docket for each of the sites in
this rulemaking. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information 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. Docket materials
are available through https://www.regulations.gov or at the
corresponding Regional Records Center. Location, address, and phone
number of the Regional Records Centers follows.
    Regional Records Center:
     Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007- 1866; 212/637-4308.
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1600
John F. Kennedy Boulevard, Mail code 3MD50, Philadelphia, PA 19103;
215/814-5382.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street, SW, Mail code 9T25, Atlanta, GA 30303.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building,
7th Floor South, 77 West Jackson Boulevard, Chicago, ILFedera 60604;
312/886-4465.
     Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
     EPA Headquarters Docket Center Reading Room (deletion
dockets for all states), William Jefferson Clinton (WJC) West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, 202/566-
1744.
    EPA staff listed below in the FOR FURTHER INFORMATION CONTACT
section may assist the public in answering inquiries about deleted
sites and accessing deletion support documentation, determining whether
there are additional physical deletion dockets available, or if COVID
restrictions affect deletion docket access.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our federal partners so that we can respond
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT:
     Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI),
[email protected], 212/637-4356.
     Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049.
     Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN), [email protected], 404/562-8768.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH,
WI), [email protected], 312/886-1843.
     Maria Morey, U.S. EPA Region 7 (IA, KS, MO, NE),
[email protected], 913/551-7079.

     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
     Charles Sands, U.S. EPA Headquarters,
[email protected], 202/566-1142.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Full Site or Partial Site Deletion

I. Introduction

    EPA is issuing a proposed rule to delete three sites and partially
delete eight sites from the National Priorities List (NPL) and requests
public comments on this proposed action. The NPL constitutes Appendix B
of 40 CFR part 300 which is the NCP, which EPA created under section
105 of the CERCLA statute of 1980, as amended. EPA maintains the NPL as
those sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL may be the subject of
remedial actions financed by the Hazardous Substance Superfund (Fund).
These partial deletions are proposed in accordance with 40 CFR
300.425(e) and is consistent with the Notice of Policy Change: Partial
Deletion of Sites Listed on the National Priorities List. 60 FR 55466,
(November 1, 1995). As described in 40 CFR 300.425(e)(3) of the NCP, a
site or portion of a site deleted from the NPL remains eligible for
Fund-financed remedial action if future conditions warrant such
actions.
    EPA will accept comments on the proposal to delete or partially
delete these sites for thirty (30) days after publication of this
document in the Federal Register.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III of this document discusses procedures
that EPA is using for this action. Section IV of this document
discusses the site or portion of the site proposed for deletion and
demonstrates how it meets the deletion criteria, including reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion or partial deletion
of the sites in this proposed rule:
    (1) EPA consulted with the respective state before developing this
Notice of Intent for deletion.
    (2) EPA has provided the state 30 working days for review of site
deletion documents prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
    (4) The state, through their designated state agency, has concurred
with the proposed deletion action.
    (5) Concurrently, with the publication of this Notice of Intent for
deletion in the Federal Register, a notice is being published in a
major local newspaper of general circulation near the site. The
newspaper announces the 30-day public comment period concerning the
proposed action for deletion.
    (6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket, made these items available for public
inspection, and copying at the Regional Records Center identified
above.
    If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete or partially delete the site.
If necessary, EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if EPA determines it is still appropriate to delete or partially delete
the site, the EPA will publish a final Notice of Deletion or Partial
Deletion in the Federal Register. Public notices, public submissions
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and included in the site information
repositories listed above.
    Deletion of a site or a portion of a site from the NPL does not
itself create, alter, or revoke any individual's rights or obligations.
Deletion of a site or a portion of a site from the NPL does not in any
way alter EPA's right to take enforcement actions, as appropriate. The
NPL is designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Full Site or Partial Site Deletion

    The site to be deleted or partially deleted from the NPL, the
location of the site, and docket number with information including
reference documents with the rationale and data principally relied upon
by the EPA to determine that the Superfund response is complete are
specified in Table 1. The NCP permits activities to occur at a deleted
site, or that media or parcel of a partially deleted site, including
operation and maintenance of the remedy, monitoring, and five-year
reviews. These activities for the site are entered in Table 1, if
applicable, under Footnote such that; 1= site has continued operation
and maintenance of the remedy, 2= site receives continued monitoring,
and 3= site five-year reviews are conducted.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
            Site name             City/county, state         Type             Docket No.           Footnote
----------------------------------------------------------------------------------------------------------------
Haviland complex................  Town of Hyde Park,  Full..............  EPA-HQ-OLEM-2022-0  ..................
                                   NY.                                     968.
Smithtown Ground Water            Smithtown, NY.....  Full..............  EPA-HQ-OLEM-2022-0  ..................
 Contamination.                                                            964.
Jackson Ceramix.................  Falls Creek, PA...  Partial...........  EPA-HQ-OLEM-2022-0  ..................
                                                                           854.
Fort Hartford Coal Co. Stone      Olaton, KY........  Full..............  EPA-HQ-OLEM-2022-0  1, 2, 3
 Quarry.                                                                   948.
Marine Corps Logistics Base.....  Albany, GA........  Partial...........  EPA-HQ-OLEM-2021-0  ..................
                                                                           486.
Redstone Arsenal (USARMY/NASA)..  Huntsville, AL....  Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                                                           949.
Tyndall Air Force Base..........  Panama City, FL...  Partial...........  EPA-HQ-OLEM-2022-0  ..................
                                                                           947.
Aircraft Components (D & L        Benton Harbor, MI.  Partial...........  EPA-HQ-OLEM-2022-0  ..................
 Sales).                                                                   828.
Omaha Lead......................  Omaha, NE.........  Partial...........  EPA-HQ-SFUND-2023-  1, 3
                                                                           0021.
Anaconda Co. Smelter............  Anaconda, MT......  Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                                                           965.
Eagle Mine......................  Minturn/Redcliff,   Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                   CO.                                     966.
----------------------------------------------------------------------------------------------------------------

    Table 2 includes information concerning whether the full site is
proposed for deletion from the NPL or a description of the area, media
or Operable Units (OUs) of the NPL site proposed for partial deletion
from the NPL, and an email address to which public comments may be
submitted if the commenter does not comment using https://www.regulations.gov.

                                 Table 2
------------------------------------------------------------------------
                                  Full site deletion
                                   (full) or media/
            Site name                  parcels/       E-mail address for
                                    description for     public comments
                                   partial deletion
------------------------------------------------------------------------
Haviland Complex................  Full..............  [email protected].
Smithtown Ground Water            Full..............  [email protected]
 Contamination.                                        gov.
Jackson Ceramix.................  Soils and           [email protected]
                                   unsaturated         epa.gov.
                                   subsurface vadose
                                   zones from OU 1
                                   Baseball Field.
Fort Hartford Coal Co. Stone      Full..............  [email protected]
 Quarry.                                               ov.
Marine Corps Logistics Base.....  OU 3 Soils........  [email protected].
Redstone Arsenal (USARMY/NASA)..  Soils and pipeline  [email protected]
                                   sediments from OU-  ov.
                                   26.
Tyndall Air Force Base..........  13 specified        [email protected]
                                   operable units.     ov.
Aircraft Components (D & L        OU 1 radiological   [email protected]
 Sales).                           cleanup.            a.gov.
Omaha Lead......................  13 residential      [email protected]
                                   properties.         v.
Anaconda Co. Smelter............  OU 15 Mill Creek..  [email protected].
Eagle Mine......................  5.31 acres of       [email protected]
                                   soils in the OU 3   v.
                                   North Property
                                   Redevelopment--Tr
                                   estle Area.
------------------------------------------------------------------------

    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

Larry Douchand,
Office Director, Office of Superfund Remediation and Technology
Innovation.
[FR Doc. 2023-03148 Filed 2-21-23; 8:45 am]
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[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Page 21228]
[FR Doc No: 2017-09165]

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

[ER-FRL-9032-9]

Environmental Impact Statements; Notice of Availability

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

Weekly receipt of Environmental Impact Statements (EISs)
Filed 04/24/2017 Through 04/28/2017
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: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20170069, Final Supplement, FHWA, VA, Hampton Roads Crossing
Study, Review Period Ends: 06/05/2017, Contact: Edward Sundra 804-775-
3357.
EIS No. 20170071, Draft, FHWA, CA, US 50/South Shore Community
Revitalization Project, Comment Period Ends: 07/06/2017, Contact: Scott
McHenry<PHONE_NUMBER>.
EIS No. 20170072, Draft, USFS, CA, Pine Mountain Late-Successional
Reserve Habitat Protection and Enhancement, Comment Period Ends: 06/19/
2017, Contact: April Hargis<PHONE_NUMBER>.
EIS No. 20170073, Draft, USACE, NC, Bogue Banks Master Beach
Nourishment Plan, Comment Period Ends: 06/19/2017, Contact: Mickey Sugg
910-251-4811.

Amended Notices

EIS No. 20130360, Final, USFS, AZ, Rosemont Copper Project, Proposed
Construction, Operation with Concurrent Reclamation and Closure of an
Open-Pit Copper Mine, Review Period Ends: 06/05/2017, Contact: Mindy
Vogel<PHONE_NUMBER>.

    Revision to FR Notice Published 01/03/2014; The U.S. Forest Service
is reopening the Review Period to end 06/05/2017.

    Dated: May 2, 2017.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2017-09165 Filed 5-4-17; 8:45 am]
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[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60584-60585]
[FR Doc No: 2011-25064]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25862]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated

August 15, 2011, the Union Pacific Railroad (UP) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance
extension from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 240.117(e)(1)-(4); 49 CFR
240.305(a)(1)-(4) and (6); and 49 CFR 240.307. FRA assigned the
petition Docket Number FRA-2006-25862.
    The Confidential Close Call Reporting System (C3RS) pilot project
for the UP North Platte Service Unit was initially approved by FRA on
September 12, 2007. The 5-year time limit is expiring and subject to
FRA approval, UP desires to continue the pilot project until November
18, 2014.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Ave., SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays. If you do not have access to the Internet, please
contact FRA's Docket Clerk at<PHONE_NUMBER> who will provide necessary
information concerning the contents of the petition.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within October 31, 2011 will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

     Issued in Washington, DC, on September 23, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-25064 Filed 9-28-11; 8:45 am]
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