[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20630-20631]
[FR Doc No: 2016-08069]

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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 Pipline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: CP16-102-000.
    Applicants: Vector Pipeline L.P.
    Description: Vector Pipeline L.P. Abbreviated Application to
Abandon Firm Capacity by Lease.
    Filed Date: 3/11/2016.
    Accession Number: 20160311-5163.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Number: PR15-26-001.
    Applicants: Enterprise Texas Pipeline LLC.
    Description: Tariff filing per 284.123(b), (e), (g): Rate Petition
Amendment to be effective 4/1/2016; Filing Type: 1270.
    Filed Date: 3/29/2016.
    Accession Number:<PHONE_NUMBER>55.
    Comments Due: 5 p.m. ET 4/19/16.
    284.123(g) Protests Due: 5 p.m. ET 5/31/16.

    Docket Number: PR16-33-000.
    Applicants: Salt Plains Storage, LLC.
    Description: Tariff filing per 284.123(e) + (g): Filing to Revise
SOC to be effective 4/1/2016; Filing Type: 1280.
    Filed Date: 3/28/16.
    Accession Number:<PHONE_NUMBER>84.
    Comments Due: 5 p.m. ET 4/18/16.
    284.123(g) Protests Due: 5 p.m. ET 5/27/16.

    Docket Number: PR16-34-000.
    Applicants: Enstor Katy Storage and Transportation, L.P.
    Description: Tariff filing per 284.123(e)/.224: Revised Statement
of Operating Conditions to be effective 4/1/2016; Filing Type: 770.

    Filed Date: 3/28/16.
    Accession Number:<PHONE_NUMBER>35.
    Comments/Protests Due: 5 p.m. ET 4/18/16.

    Docket Number: PR16-35-000.
    Applicants: Enstor Grama Ridge Storage and Transportation, L.L.C.
    Description: Tariff filing per 284.123(e)/.224: Revised Statement
of Operating Conditions to be effective 4/1/2016; Filing Type: 770.
    Filed Date: 3/28/16.
    Accession Number:<PHONE_NUMBER>36.
    Comments/Protests Due: 5 p.m. ET 4/18/16.

    Docket Number: PR16-36-000.
    Applicants: Public Service Company of Colorado.
    Description: Tariff filing per 284.123(b)(1)/.: 20160328_PSCo SOR
GRSA PSIA to be effective 3/1/2016; Filing Type: 980.
    Filed Date: 3/28/16.
    Accession Number:<PHONE_NUMBER>88.
    Comments/Protests Due: 5 p.m. ET 4/18/16.

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

    Dated: March 31, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08069 Filed 4-7-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Rules and Regulations]
[Page 16277-16281]
[DOCID:fr04ap07-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2006-0783; FRL-8120-5]

Bacillus thuringiensis Vip3Aa20 Protein and the Genetic Material
Necessary for its Production in Corn; Temporary Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of the Bacillus thuringiensis
Vip3Aa20 protein and the genetic material necessary for its production
in corn when applied or/used as a plant-incorporated protectant.
Syngenta Seeds, Inc. submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality
Protection Act of 1996 (FQPA), requesting the temporary tolerance
exemption. This regulation eliminates the need to establish a maximum
permissible level for residues of Bacillus thuringiensis Vip3Aa20
protein and the genetic material necessary for its production in corn
when applied or/used as a plant-incorporated protectant on field corn,
sweet corn, and popcorn. The temporary tolerance exemption expires on
March 31, 2008.

DATES: This regulation is effective April 4, 2007. Objections and
requests for hearings must be received on or before June 4, 2007, 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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0783. 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 web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 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 Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
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.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 174 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. 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-2006-0783 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before June 4, 2007.
    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 that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0783, 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 telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of November 1, 2006 (71 FR 64269) (FRL-
8095-4), EPA issued a notice pursuant to section 408(d)(3) of the
FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
tolerance petition (PP 6G7091) by Syngenta Seeds, Inc., P.O. Box 12257,
Research Triangle Park, NC 27709. The petition requested that 40 CFR
part 174 be amended by establishing a temporary exemption from the
requirement of a tolerance for residues of the Bacillus thuringiensis
Vip3Aa20 protein and the genetic material necessary for its production
in corn when applied or used as a plant-incorporated protectant on
field corn, sweet corn, and popcorn. This notice included a summary of
the petition prepared by the petitioner, Syngenta Seeds, Inc. One
comment was received in response to the notice of filing. The commenter
objected to an exemption from the requirement of tolerance and
expressed opposition to genetic alterations. The Agency understands the
commenter's concerns and recognizes that some individuals believe that
genetically modified crops and food should be completely banned.
However, pursuant to its authority under the FFDCA, EPA conducted a
comprehensive assessment of the Vip3Aa20 protein and the genetic
material necessary for its production in corn, including a review of
acute oral toxicity data and amino acid sequence comparisons to known
toxins and allergens. In addition, data were reviewed that demonstrate
that the Vip3Aa20 protein is rapidly degraded by gastric fluid in
vitro, is not glycosylated, and is present in low levels in corn
tissue. Based on these data, EPA concluded that there is a reasonable
certainty that no harm will result from dietary exposure to this
protein as expressed in genetically modified corn. Thus, under the
standard in FFDCA section 408(c)(2), a tolerance exemption is
appropriate.
    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Pursuant to section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C), which requires EPA to give special consideration
to exposure of infants and children to the pesticide chemical residue
in establishing a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue * * *.''
Additionally, section 408(b)(2)(D) of the FFDCA requires that the
Agency consider ``available information concerning the cumulative
effects of a particular pesticide's residues'' and ``other substances
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness and
reliability, and the relationship of this information to human risk.
EPA has also considered available information concerning the
variability of the sensitivities of major identifiable subgroups of
consumers, including infants and children.
    Data have been submitted demonstrating a lack of mammalian toxicity
at high levels of exposure to the pure (microbially-expressed) Vip3Aa20
protein. These data demonstrate the safety of Vip3Aa20 at levels well
above maximum possible exposure levels that are reasonably anticipated
in the crops. This is similar to the Agency position regarding toxicity
and the requirement of residue data for the microbial Bacillus
thuringiensis products from which this plant-incorporated protectant
was derived (See 40 CFR 158.740(b)(2)(i)). For microbial products, the
need for Tier II and III toxicity testing and residue data to verify
the observed effects and clarify the source of these effects is
triggered only by significant acute effects in studies such as the
mouse oral toxicity study.
    In order to clarify the discussion that follows in the remainder of
this Final Rule, it is necessary to distinguish the various Vip3A
designations that are used. Vip3Aa20 is the designation applicable to
Vip3A protein expressed in corn. Vip3Aa19 is the designation applicable
to Vip3A protein expressed in cotton. Because the Agency has determined
that both Vip3Aa19 and Vip3Aa20 are functionally equivalent, the Agency
in establishing this temporary tolerance exemption for Vip3Aa20
expressed in corn has relied on data and analysis specifically
developed for Vip3Aa20, as well as on data and analysis specifically
developed for Vip3Aa19. A separate temporary exemption from the
requirement of tolerance already has been established for Vip3Aa19 as
expressed in cotton (71 FR 24582; 40 CFR 174.452).)
    An acute oral toxicity study was submitted for the Vip3Aa19
protein. Male and female mice (16 of each) were dosed with 3,675
milligrams/kilograms bodyweight (mg/kg bwt) of Vip3Aa19 protein. All
mice survived the study, gained weight, had no test material-related
clinical signs, and had no test material-related findings at necropsy.
This acute oral toxicity data also supports the prediction that the
Vip3Aa20 protein would be non-toxic to humans.
    When proteins are toxic, they are known to act via acute mechanisms
and at very low dose levels (Sjoblad, Roy D., et al. 1992). Therefore,
since no effects were shown to be caused by the plant- incorporated
protectants, even at relatively high dose levels, the Vip3Aa20 protein
is not considered toxic. Amino acid sequence comparisons showed no
similarity between the Vip3Aa20 protein and known toxic proteins
available in public protein data bases. According to the Codex
Alimintarius guidelines, the assessment of potential toxicity also
includes stability to heat (FAO/WHO Standards Programme, 2001). A heat
lability study demonstrated that Vip3Aa19 is inactivated against Fall
Armyworms (FAW), when heated to 55 [deg]C for 30 minutes.
    Since Vip3Aa20 is a protein, allergenic sensitivities were
considered. Currently, no definitive tests exist for determining the
allergenic potential of novel proteins. Therefore, EPA uses a weight-
of-the-evidence approach where the following factors are considered:
Source of the trait; amino acid sequence similarity with known
allergens; prevalence in food; and biochemical properties of the
protein, including in vitro digestibility in simulated gastric fluid
(SGF), and glycosylation. Current scientific knowledge suggests that
common food allergens tend to be resistant to degradation acids and

proteases; may be glycosylated; and present at high concentrations in
the food.
    Data have been submitted that demonstrate that the Vip3A from
recombinant maize (LPPACHA-0199) and E. coli (VIP3A-0100) proteins are
rapidly degraded by gastric fluid in vitro. (VIP3A-0100 refers to a
microbially-expressed Vip3A that has been shown to be the equivalent of
the plant-expressed Vip3A protein.) In a solution of simulated gastric
fluid (containing pepsin) and either 80 microliters ([micro]L) of
LPPACHA-0199 or 320 [micro]L of VIP3A-0100 test protein, both were
shown to be susceptible to pepsin degradation. These data support the
conclusion that Vip3A proteins expressed in transgenic plants will be
readily digested as a conventional dietary protein under typical
mammalian gastric conditions. Further data demonstrate that Vip3Aa20 is
not glycoslylated and a comparison of amino acid sequences of known
allergens uncovered no evidence of any homology with Vip3Aa20, even at
the level of 8 contiguous amino acid residues. Preliminary data of the
quantification of Vip3Aa20 protein in various maize tissues were also
submitted. This data demonstrated that mean Vip3Aa20 concentrations in
corn kernels ranged from approximately 24.6 - 40.3 micrograms
([micro]g) Vip3Aa20/dry weight, representing approximately 0.003% of
the total protein in grain (assuming that corn grain contains 10% total
protein by weight). Therefore, Vip3Aa20 is present in low levels in
corn tissue and the protein expression is much lower than the amounts
of allergen protein found in commonly allergenic foods. In those foods,
the allergens can be 10 to 50% of the total protein found.
    Therefore, the potential for the Vip3Aa20 protein to be a food
allergen is minimal. As noted above, toxic proteins typically act as
acute toxins with low dose levels. Therefore, since no effects were
shown to be caused by this plant-incorporated protectant, even at
relatively high dose levels, the Vip3Aa20 protein is not considered
toxic.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of the FFDCA directs
EPA to consider available information concerning exposures from the
pesticide residues in food and all other non-occupational exposures,
including drinking water from ground water or surface water, and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).
    The Agency has considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. These considerations include dietary exposure under the
tolerance exemption and all other tolerances or exemptions in effect
for the plant-incorporated protectant chemical residue, and exposure
from non-occupational sources. Exposure via the skin or inhalation is
not likely since the plant-incorporated protectant is contained within
plant cells, which essentially eliminates these exposure routes or
reduces these exposure routes to negligible. The amino acid homology
assessment revealed no similarities to known aeroallergens, indicating
that Vip3A has a low potential to be an inhalation allergen. It has
been demonstrated that there is no evidence of occupationally related
respiratory symptoms, based on a health survey on migrant workers after
exposure to Bt pesticides (Berstein et al. 1999), which provides
further evidence of the negligible respiratory risks of Bt plant-
incorporated protectants. Exposure via residential or lawn use to
infants and children is also not expected because the use sites for the
Vip3Aa20 protein are all agricultural for control of insects. Oral
exposure, at very low levels, may occur from ingestion of processed
corn products and, theoretically, drinking water.
    However, oral toxicity testing done at a dose in excess of 3 gm/kg
showed no adverse effects. Furthermore, the expected dietary exposure
from both cotton and corn are several orders of magnitude lower than
the amounts of Vip3Aa20 protein shown to have no toxicity. Therefore,
even if negligible aggregate exposure should occur, the Agency
concludes that such exposure would present no harm due to the lack of
mammalian toxicity and the rapid digestibility demonstrated for the
Vip3Aa20 proteins.

V. Cumulative Effects

    Pursuant to FFDCA section 408(b)(2)(D)(v), EPA has considered
available information on the cumulative effects of such residues and
other substances that have a common mechanism of toxicity. These
considerations include the cumulative effects on infants and children
of such residues and other substances with a common mechanism of
toxicity. Because there is no indication of mammalian toxicity, the
Agency concludes that there are no cumulative effects arising from
Vip3Aa20 protein residues in corn.

VI. Determination of Safety for U.S. Population, Infants and Children

A. Toxicity and Allergenicity Conclusions

    The data submitted and cited regarding potential health effects for
the Vip3Aa20 protein include the characterization of the expressed
Vip3Aa20 protein in corn, as well as the acute oral toxicity, heat
stability, and in vitro digestibility of the proteins. The results of
these studies were determined applicable to evaluate human risk, and
the validity, completeness, and reliability of the available data from
the studies were considered.
    Adequate information was submitted to show that the Vip3A protein
test material derived from microbial cultures (designated VIP3A-0100)
was biochemically and functionally similar to the Vip3Aa20 protein
expressed in corn. Microbially produced protein was chosen in order to
obtain sufficient material for testing.
    The acute oral toxicity data submitted supports the prediction that
the Vip3Aa20 protein would be non-toxic to humans. As mentioned above,
when proteins are toxic, they are known to act via acute mechanisms and
at very low dose levels (Sjoblad, Roy D., et al. 1992). Since no
effects were shown to be caused by Vip3Aa20 protein, even at relatively
high dose levels (3,675 mg Vip3Aa19/kg bwt), the Vip3Aa20 protein is
not considered toxic. This is similar to the Agency position regarding
toxicity and the requirement of residue data for the microbial Bacillus
thuringiensis products from which this plant-incorporated protectant
was derived. (See 40 CFR 158.740(b)(2)(i)). Moreover, Vip3Aa20 showed
no sequence similarity to any known toxin.
    Protein residue chemistry data for Vip3Aa20 were not required for a
human health effects assessment of the subject plant-incorporated
protectant ingredients because of the lack of mammalian toxicity.
However, preliminary data (that were submitted with administrative
materials for an Experimental Use Permit application for corn
expressing the Vip3Aa20 protein) demonstrated low levels of Vip3Aa20 in
corn tissues with less than 40 [micro]g Vip3Aa20 protein/gram dry
weight in kernels and less than 75 [micro]g Vip3Aa20 protein/gram dry
weight of whole corn plant.
    Since Vip3Aa20 is a protein, its potential allergenicity is also
considered as part of the toxicity assessment. Information considered
as part of the

allergenicity assessment included data demonstrating that the Vip3Aa20
protein came from a Bacillus thuringiensis which is not a known
allergenic source, showed no sequence similarity to known allergens,
was readily degraded by pepsin, and was not glycosylated when expressed
in the plant. Therefore, there is a reasonable certainty that the
Vip3Aa20 protein will not be an allergen.
    Neither available information concerning the dietary consumption
patterns of consumers (and major identifiable subgroups of consumers
including infants and children), nor safety factors that are generally
recognized as appropriate for the use of animal experimentation data
were evaluated. The lack of mammalian toxicity at high levels of
exposure to the Vip3Aa20 protein, as well as the minimal potential to
be a food allergen, demonstrate the safety of Vip3Aa20 at levels well
above possible maximum exposure levels anticipated in the crop.
    The genetic material necessary for the production of the plant-
incorporated protectant active ingredients are the nucleic acids (DNA,
RNA) which comprise genetic material encoding these proteins and their
regulatory regions. The genetic material (DNA, RNA) necessary for the
production of Vip3Aa20 protein already are exempted from the
requirement of a tolerance under a blanket exemption for all nucleic
acids (40 CFR 174.475).

B. Infants and Children Risk Conclusions

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the
available information about consumption patterns among infants and
children, special susceptibility of infants and children to pesticide
chemical residues, and the cumulative effects on infants and children
of the residues and other substances with a common mechanism of
toxicity.
    In addition, FFDCA section 408(b)(2)(C) also provides that EPA
shall apply an additional tenfold margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the data base, unless EPA
determines that a different margin of safety will be safe for infants
and children.
    In this instance, based on all the available information, the
Agency concludes that there is a finding of no toxicity for the
Vip3Aa20 protein and the genetic material necessary for its production
in corn. Because there are no threshold effects of concern, the Agency
has determined that the additional tenfold margin of safety is not
necessary to protect infants and children. Further, the provisions of
consumption patterns, special susceptibility, and cumulative effects do
not apply.

C. Overall Safety Conclusion

    There is a reasonable certainty that no harm will result to the
U.S. population, including infants and children, from aggregate
exposure to residues of the Vip3Aa20 protein and the genetic material
necessary for its production in corn, when it is applied or/used in
accordance with good agricultural practices on field corn, sweet corn,
and popcorn. This includes all anticipated dietary exposures and all
other exposures for which there is reliable information. The Agency has
arrived at this conclusion because, as previously discussed, no
toxicity to mammals has been observed, nor has there been any
indication of allergenicity potential for this plant-incorporated
protectant.

VII. Other Considerations

A. Endocrine Disruptors

    The pesticidal active ingredient is a protein, derived from sources
that are not known to exert an influence on the endocrine system.
Therefore, the Agency is not requiring information on the endocrine
effects of the plant-incorporated protectant at this time.

B. Analytical Method

    A method for extraction and enzyme linked immunosorbent assay
(ELISA) analysis of Vip3Aa20 protein in corn has been submitted and is
under review by the Agency.

C. Codex Maximum Residue Level

    No Codex maximum residue levels exist for the plant-incorporated
protectant Bacillus thuringiensis Vip3Aa20 protein and the genetic
material necessary for its production in corn.

VIII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under section 408(d) of FFDCA in response to a petition
submitted to the Agency. 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 rule has been exempted from review under Executive
Order 12866, this rule is not subject to Executive Order 13211, 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).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the exemption in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    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 section
408(n)(4) of FFDCA. 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 6,
2000) do not apply to this rule. In addition, This 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) (Public Law
104-4).
    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), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

IX. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of

the Congress and to the Comptroller General of the United States. 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
this final rule in the Federal Register. This final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 174

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

    Dated: March 23, 2007.
James Jones,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 174--AMENDED

0
1. The authority citation for part 174 continues to read as follows:

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

0
2. Section 174.458 is added to subpart W to read as follows:

Sec.  174.458  Bacillus thuringiensis Vip3Aa20 protein and the genetic
material necessary for its production in corn; temporary exemption from
the requirement of a tolerance.

    Residues of Bacillus thuringiensis Vip3Aa20 protein in corn are
temporarily exempt from the requirement of a tolerance when used as a
plant-incorporated protectant in the food and feed commodities of corn;
corn, field; corn, sweet; corn, pop. This temporary exemption from the
requirement of tolerance will permit the use of the food commodities in
this paragraph when treated in accordance with the provisions of the
experimental use permit 67979-EUP-6, which is being issued in
accordance with the provisions of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136). This temporary
exemption from the requirement of a tolerance expires and is revoked
March 31, 2008; however, if the experimental use permit is revoked, or
if any experience with or scientific data on this pesticide indicate
that the temporary tolerance exemption is not safe, this temporary
exemption from the requirement of a tolerance may be revoked at any
time.

[FR Doc. E7-6256 Filed 4-3-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27594-27595]
[FR Doc No: 2014-11095]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG14-47-000.
    Applicants: Panda Sherman Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Panda Sherman Power, LLC.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5028.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: EG14-48-000.
    Applicants: Panda Temple Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Panda Temple Power, LLC.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5029.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: EG14-49-000.
    Applicants: Panda Temple Power II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Panda Temple Power II, LLC.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5030.
    Comments Due: 5 p.m. ET 5/27/14.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2822-006; ER11-2112-005; ER10-2828-001; ER10-
2285-004; ER10-2423-004; ER10-2404-004; ER12-2649-001; ER10-1725-001;
ER11-2465-005; ER10-2994-010; ER10-3001-002; ER10-3002-001; ER10-3004-
002; ER12-422-003; ER10-2301-002; ER10-2273-003; ER10-3010-001; ER11-
2306-001; ER12-96-003; ER11-2488-004.
    Applicants: Atlantic Renewable Projects II LLC, Blue Creek Wind
Farm LLC, Casselman Windpower LLC, Central Maine Power Company, Flat
Rock Windpower LLC, Flat Rock Windpower II LLC, Groton Wind, LLC,
Hardscrabble Wind Power LLC, Iberdrola Renewables, LLC, Lempster Wind,
LLC, Locust Ridge Wind Farm, LLC, Locust Ridge Wind Farm II, LLC, New
England Wind, LLC, New York State Electric & Gas Corporatio, PEI Power
II, LLC, Providence Heights Wind, LLC, Rochester Gas & Electric
Corporation, South Chestnut LLC, Streator-Cayuga Ridge Wind Power LLC
    Description: Supplement to December 30, 2013 Updated Market Power
Analysis for the Northeast Region of the Iberdrola MBR Sellers.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5140.
    Comments Due: 5 p.m. ET 5/28/14.

    Docket Numbers: ER11-2059-005.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-05-06 LTTR Reconciliation Compliance Filing to be
effective 5/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5055.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1751-001.
    Applicants: C2K Energy, LLC.
    Description: Amended MBR Tariff Application to be effective 6/22/
2014.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5036.
    Comments Due: 5 p.m. ET 5/28/14.

    Docket Numbers: ER14-1882-000.
    Applicants: Monongahela Power Company.
    Description: Monongahela Power Co. Reactive Power Rate Schedules to
be effective 5/6/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5150.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1883-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Co., LLC Reactive Power Rate
Schedules to be effective 5/6/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5155.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1884-000.
    Applicants: Atlantic Renewable Projects II LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5156.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1885-000.
    Applicants: Blue Creek Wind Farm LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5157.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1886-000.
    Applicants: FirstEnergy Solutions Corp.
    Description: FirstEnergy Solutions Corp. Reactive Power Rate
Schedule FERC No. 1 to be effective 5/6/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5158.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1887-000.
    Applicants: Casselman Windpower LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5159.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1888-000.
    Applicants: Groton Wind, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5160.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1889-000.
    Applicants: Hardscrabble Wind Power LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5161.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1890-000.
    Applicants: Iberdrola Renewables, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5162.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1891-000.
    Applicants: Lempster Wind, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.

    Accession Number: 20140506-5163.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1892-000.
    Applicants: Locust Ridge Wind Farm, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5164.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1893-000.
    Applicants: Locust Ridge II, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5165.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1894-000.
    Applicants: New England Wind, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5166.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1895-000.
    Applicants: Providence Heights Wind, LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5171.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1896-000.
    Applicants: South Chestnut LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5172.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1897-000.
    Applicants: Streator-Cayuga Ridge Wind Power LLC.
    Description: Supplement to Iberdrola NE MBR Sellers' Dec. 30, 2013
Triennial Filing to be effective 7/7/2014.
    Filed Date: 5/6/14.
    Accession Number: 20140506-5180.
    Comments Due: 5 p.m. ET 5/27/14.

    Docket Numbers: ER14-1898-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-05-07--SA 723--724 Allete-Bison 4 & 5 to be
effective 5/8/2014.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5093.
    Comments Due: 5 p.m. ET 5/28/14.

    Docket Numbers: ER14-1899-000.
    Applicants: Union Electric Company.
    Description: Submission of Construction Agreement to be effective
4/17/2014.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5110.
    Comments Due: 5 p.m. ET 5/28/14.

    Docket Numbers: ER14-1900-000.
    Applicants: Southwestern Electric Power Company.
    Description: SWEPCO-NTEC Bearcat Tap to Sand Hill Delivery Point
Agreement to be effective 4/17/2014.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5123.
    Comments Due: 5 p.m. ET 5/28/14.

    Docket Numbers: ER14-1901-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2880 Rattlesnake GIA; Cancellation of 2299R3
Rattlesnake GIA to be effective 4/9/2014.
    Filed Date: 5/7/14.
    Accession Number: 20140507-5130.
    Comments Due: 5 p.m. ET 5/28/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 7, 2014.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-11095 Filed 5-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51829]
[DOCID:fr05se08-58]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Peripheral and Central Nervous System Drugs Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Peripheral and Central Nervous System Drugs
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on October 23, 2008, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd., Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Diem-Kieu Ngo, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or FDA
Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>) in
the Washington, DC area), code<PHONE_NUMBER>. Please call the Information
Line for up-to-date information on this meeting. A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The Committee will discuss the clinical development of
radionuclide imaging products for the detection of amyloid to assist in
the diagnosis of Alzheimer's Disease.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
October 8, 2008. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before September 30, 2008. Time allotted for each presentation
may be limited. If the number of registrants requesting to speak is
greater than can be reasonably accommodated during the scheduled open
public hearing session, FDA may conduct a lottery to determine the
speakers for the scheduled open public hearing session. The contact
person will notify interested persons regarding their request to speak
by October 1, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Diem-Kieu Ngo at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 27, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-20577 Filed 9-4-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7216-7218]
[FR Doc No: 2012-3094]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66327; File No. SR-BATS-2012-008]

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

February 6, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 1, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Equities Pricing'' section of
its fee schedule in order to accommodate two additional variations of
the Exchange's ``TRIM'' routing strategy. As defined in BATS Rule
11.13(a)(3)(G), TRIM is a routing option under which an order

checks the System \6\ for available shares if so instructed by the
entering User \7\ and then is sent to destinations on the System
routing table. Accordingly, the Exchange's current TRIM routing
strategy will optionally check the Exchange's order book and then route
to various venues on the Exchange's routing table, including NASDAQ OMX
BX, Inc. (``NASDAQ BX''), BATS Y-Exchange, Inc. (``BYX Exchange''),
EDGA EXCHANGE, Inc. (``EDGA''), the New York Stock Exchange LLC
(``NYSE'') and certain alternative trading systems available through
the Exchange's ``DRT'' strategy (``DRT Venues'').\8\ In order to
provide additional options related to the TRIM routing strategy to
Exchange Users, the Exchange is introducing TRIM2 and TRIM3, both of
which will route to fewer venues than the full list of TRIM routing
venues.\9\ Specifically, TRIM2 will limit the routing table to NASDAQ
BX, BYX Exchange, EDGA and DRT Venues. TRIM3 will further limit the
routing table to NASDAQ BX, BYX Exchange and DRT Venues.
---------------------------------------------------------------------------

    \6\ As defined in BATS Rule 1.5(aa), the System is the
electronic communications and trading facility designated by the
Board through which securities orders of Users are consolidated for
ranking, execution and, when applicable, routing away.
    \7\ As defined in BATS Rule 1.5(cc), a User is any Member or
Sponsored Participant who is authorized to obtain access to the
System pursuant to Rule 11.3.
    \8\ As set forth in BATS Rule 11.13(a)(3)(E), DRT is a routing
option in which the entering firm instructs the System to route to
alternative trading systems included in the System routing table.
Unless otherwise specified, DRT can be combined with and function
consistent with all other routing options.
    \9\ See also SR-BATS-2012-007, available at www.batstrading.com/regulation.
---------------------------------------------------------------------------

    All pricing currently applicable to the TRIM routing strategy will
apply to TRIM2 and TRIM3, with the exception of TRIM2 and TRIM3 orders
executed at NASDAQ BX. In order to fund the development and
infrastructure cost of creating and maintaining additional TRIM routing
strategies, the Exchange proposes to provide a lower rebate for
executions pursuant to TRIM2 and TRIM3 than the rebate actually
received for orders executed at NASDAQ BX, which are passed on in full
for executions resulting from TRIM routing. Specifically, the Exchange
proposes to provide a rebate of $0.0010 per share for executions at
NASDAQ BX that result from TRIM2 or TRIM3 routing, rather than the full
rebate of $0.0014 per share.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\10\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange also notes that with
respect to the changes proposed in this filing, although routing
options are available to all Users, Users are not required to use the
Exchange's routing services, but instead, the Exchange's routing
services are completely optional. Members can manage their own routing
to different venues or can utilize a myriad of other routing solutions
that are available to market participants.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rebates and fees for the
TRIM2 and TRIM3 routing options for the Exchange are reasonable in that
they are equivalent to the fees charged by the Exchange for the TRIM
routing strategy, with the exception of executions at NASDAQ BX, as
described above. As such, the Exchange believes that the proposed non-
standard routing fees are competitive, fair and reasonable, and non-
discriminatory in that they are generally designed to mirror the rebate
or fee applicable to the execution if such routed orders were executed
directly by the Member at each applicable venue. The Exchange believes
that the slightly lower rebate provided for TRIM2 and TRIM3 executions
at NASDAQ BX is reasonable in order to help the Exchange cover the cost
of developing and maintaining additional routing strategies for Users
of the Exchange. The Exchange also believes that the proposed rebates
and fees for TRIM2 and TRIM3 are fair and equitable and not
unreasonably discriminatory in that they apply equally to all Exchange
Users.

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \12\ and Rule 19b-
4(f)(2) thereunder,\13\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2012-008 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-BATS-2012-008. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-BATS-2012-008 and should be submitted on or before March 2,
2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-3094 Filed 2-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75556-75557]
[FR Doc No: 2012-30754]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG 2012-0993]

Safety Zone; Sacramento New Year's Eve Fireworks Display,
Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the 1,000 foot safety zones
during the Sacramento New Year's Eve Fireworks Display in the navigable
waters of the Sacramento River on December 31, 2012 and January 1,
2013. The fireworks displays will occur from 9 p.m. to 9:15 p.m. on
December 31, 2011 and from 11:59 p.m. on December 31, 2012 until 12:15
a.m. on January 1, 2013 for the annual Sacramento New Year's Eve
Fireworks Display. During the enforcement period, unauthorized persons
or vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone, unless authorized by the Patrol Commander
(PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 29,
will be enforced from 9 p.m. to 9:15 p.m. on December 31, 2012 and from
11:59 p.m. on December 31, 2012 to 12:15 a.m. on January 1, 2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Ensign William Hawn, U.S. Coast Guard Sector San
Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Sacramento
New Year's Eve Fireworks Display safety zones in the navigable waters
of the Sacramento River near positions 38[deg]34'48.26'' N,
121[deg]30'38.52'' W (NAD 83) and 38[deg]34'49.84'' N,
121[deg]30'29.59'' W (NAD 83). Upon the commencement of the first
fireworks display, scheduled to take place from 9 p.m. until 9:15 p.m.

on December 31, 2012, the safety zone applies to the navigable waters
around the fireworks launch site near position 38[deg]34'48.26'' N,
121[deg]30'38.52'' W (NAD 83) within a radius of 1,000 feet. Upon the
commencement of the second fireworks display, scheduled to take place
from 11:59 p.m. on December 31, 2012 until 12:15 a.m. on January 1,
2013, the safety zone applies to the navigable waters around the
fireworks launch sites near positions 38[deg]34'48.26'' N,
121[deg]30'38.52'' W (NAD 83) and 38[deg]34'49.84'' N,
121[deg]30'29.59'' W (NAD 83) within a radius of 1,000 feet. These
safety zones will be in effect from 9 p.m. to 9:15 p.m. on December 31,
2012 and from 11:59 p.m. on December 31, 2012 to 12:15 a.m. on January
1, 2013.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: December 4, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-30754 Filed 12-20-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Notices]
[Page 12170-12171]
[DOCID:fr15mr07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-44-000]

Complainant: Dakota Wind Harvest, LLC, vs. Respondents: Midwest
Independent Transmission System Operator, Inc., Montana-Dakota
Utilities Company, Western Area Power Administration; Notice of
Complaint

March 9, 2007.
    Take notice that on March 8, 2007, Dakota Wind Harvest, LLC (Dakota
Wind) pursuant to Rule 206 of the Rules of Practice and Procedures of
the Commission, 18 CFR 385.206 and sections 206 and 215 of the Federal
Power Act, hereby submits the Complaint Requesting Fast Track
Processing against Midwest Independent Transmission System Operator,
Inc. (Midwest ISO), Montana-Dakota Utilities Company (MDU) and Western
Area Power Administration (Western). Dakota Wind is required to file
this Complaint due to: (i) Midwest ISO's refusal to allow Dakota Wind's
wind-powered electricity generation facility currently under
development to commence operations without first having a Balancing
Authority designated; (ii) MDU's and Western's refusal to serve as
Balancing Authority despite the fact that the Project will be
interconnected to the transmission system owned by MDU and located in
the geographic area in which Western is the designated Balancing
Authority; and (iii) Midwest ISO's and MDU's refusal to act to ensure
that a Balancing Authority agrees to provide balancing serviced to
Dakota Wind.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions or protests must be filed on or before the
comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically

should submit an original and 14 copies of the protest or intervention
to the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on March 23, 2007.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4714 Filed 3-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26515-26517]
[FR Doc No: 2016-10167]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0839; FRL-9945-89-Region 4]

Determination of Attainment; Atlanta, Georgia; 2008 Ozone
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Atlanta, Georgia, 2008 Ozone National Ambient Air
Quality Standard (NAAQS) Moderate Nonattainment Area (``Atlanta Area''
or the ``Area'') has attained the 2008 8-hour ozone NAAQS. This
proposed determination is based upon complete, quality-assured, and
certified ambient air monitoring data showing that the Area has
monitored attainment of the 2008 8-hour ozone NAAQS for the 2013-2015
monitoring period. If EPA finalizes this proposed action, the
requirement for this Area to submit an attainment demonstration and
associated reasonably available control measures (RACM), reasonable
further progress (RFP) plans, contingency measures, and other planning
state implementation plans (SIPs) related to attainment of the 2008 8-
hour ozone NAAQS will be suspended until EPA redesignates the Area to
attainment, approves a redesignation substitute, or determines that the
Area has violated the 2008 8-hour ozone NAAQS. This proposed attainment
determination does not constitute a redesignation to attainment. The
Atlanta Area will remain in nonattainment status for the 2008 8-hour
ozone NAAQS until such time as the State requests a redesignation to
attainment and EPA determines that the Atlanta Area meets the Clean Air
Act (CAA or Act) requirements for redesignation, including an approved
maintenance plan.

DATES: Comments must be received on or before June 2, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0839, at http://www.regulations.gov. Follow the online
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.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann
can be reached via phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three
years) to provide increased protection of public health and the
environment. See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS
retains the same general form and averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more protective level. Effective July 20,
2012, EPA designated any area that was violating the 2008 8-hour ozone
NAAQS based on the three most recent years (2008-2010) of air
monitoring data as a nonattainment area. See 77 FR 30088 (May 21,
2012). The Atlanta Area, consisting of Bartow, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale counties, was designated as a marginal
ozone nonattainment area. See 40 CFR 81.311. Areas that were designated
as marginal ozone nonattainment areas were required to attain the 2008
8-hour ozone NAAQS no later than July 20, 2015, based on 2012-2014
monitoring data. The Atlanta Area did not attain the 2008 8-hour ozone
NAAQS by July 20, 2015, and therefore on April 11, 2016, the EPA
Administrator signed a final rule reclassifying the Atlanta Area from a
marginal nonattainment area to a moderate nonattainment area for the
2008 8-hour ozone standard. A pre-publication version of the final rule
can be found at EPA's Web site at: https://www.epa.gov/sites/production/files/2016-04/documents/20160411fr.pdf. Moderate areas are
required to attain the 2008 8-hour ozone NAAQS by no later than July
20, 2018, six years after the effective date of the initial
nonattainment designations. See 40 CFR 51.1103. Air quality monitoring
data from the 2013-2015 monitoring period show that the Atlanta Area is
now attaining the 2008 8-hour ozone NAAQS.
    Under the provisions of EPA's ozone implementation rule for the
2008 8-hour ozone NAAQS (40 CFR part 51, subpart AA), if EPA issues a
determination that an area is attaining the relevant standard, also
known as a Clean Data Determination, the area's obligations to submit
an attainment demonstration and associated RACM, RFP, contingency
measures, and other planning SIPs related to attainment of the 2008 8-
hour ozone NAAQS are suspended until EPA: (i) Redesignates the area to
attainment for the standard or approves a redesignation substitute, at
which time those requirements no longer apply; or (ii) EPA determines
that the area has violated the standard, at which time the area is
again required to submit such plans. See 40 CFR 51.1118. While these
requirements are suspended, EPA is not precluded from acting upon these
elements at any time if submitted to EPA for review and approval.
    An attainment determination is not equivalent to a redesignation
under section 107(d)(3) of the CAA. The designation status of the
Atlanta Area will remain nonattainment for the 2008

8-hour ozone NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment, including
an approved maintenance plan, and redesignates the Area. Additionally,
the determination of attainment is separate from, and does not
influence or otherwise affect, any future designation determination or
requirements for the Atlanta Area based on any new or revised ozone
NAAQS, and the determination of attainment remains in effect regardless
of whether EPA designates this Area as a nonattainment area for
purposes of any new or revised ozone NAAQS.

II. EPA's Analysis

    The 2008 8-hour ozone NAAQS are met at a monitor when the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations at the ozone monitor is less than or equal to 0.075 ppm
based on complete, consecutive calendar years of certified, quality-
assured ambient air monitoring data. See 40 CFR 50.15; 40 CFR part 50,
appendix P. This 3-year average is referred to as the design value.
When the design value is less than or equal to 0.075 ppm at each
monitor within the area, then the area is attaining the NAAQS. Also,
the data completeness requirement is met when the average percent of
days with valid ambient monitoring data is greater than or equal to 90
percent, and no single year has less than 75 percent data completeness
as determined in 40 CFR part 50, appendix P. The data must be collected
and quality-assured in accordance with 40 CFR part 58 and recorded in
the EPA Air Quality System (AQS).
    EPA has reviewed the complete, quality-assured, and certified ozone
ambient air monitoring data for the 2013-2015 monitoring period for the
Atlanta Area. The design values for each monitor for this period are
less than or equal to 0.075 ppm, and all of the monitors meet the data
completeness requirements (see Table 1, below). Based on this data and
consistent with the requirements contained in 40 CFR part 50, EPA has
preliminarily concluded that this Area has attained the 2008 8-hour
ozone NAAQS.

 Table 1--Atlanta Area 4th Highest Daily Maximum Ozone 8-Hour Averages and 8-Hour Ozone Design Values for 2013-
                                                      2015
----------------------------------------------------------------------------------------------------------------
                                                          4th Highest daily maximum value
             County                 Monitor ID   ------------------------------------------------  Design value
                                                       2013            2014            2015         (2013-2015)
----------------------------------------------------------------------------------------------------------------
Cobb............................       130670003              67            * 63              66            * 65
Coweta..........................       130770002              53              67              66              62
Dawson..........................       130850001              63              66              63              64
DeKalb..........................       130890002              62              70              71              67
Douglas.........................       130970004              63              65              70              66
Fulton..........................       131210055              69              73              77              73
Gwinnett........................       131350002              69              68              71              69
Henry...........................       131510002              70              75              70              71
Paulding........................       132230003              62              59              65              62
Pike............................       132319991              64              66              68              66
Rockdale........................       132470001              71              79              68              72
----------------------------------------------------------------------------------------------------------------
* Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction
  at the National Guard Depot.

    The data in Table 1 are taken from EPA's AQS database, available
at: https://www.epa.gov/aqs. The AQS report with this data is available
in the docket for this rulemaking.

III. Proposed Action

    EPA is proposing to determine that the Atlanta Area has attained
the 2008 8-hour ozone NAAQS. This proposed determination is based upon
complete, quality assured, and certified ambient air monitoring data
showing that the Atlanta Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2013-2015 monitoring period. If EPA finalizes
this proposal, the requirement for this Area to submit an attainment
demonstration and associated RACM, a RFP plan, contingency measures,
and other planning SIPs related to attainment of the 2008 8-hour ozone
NAAQS will be suspended until EPA redesignates the Area to attainment,
approves a redesignation substitute, or determines that the Area has
violated the standard.

IV. Statutory and Executive Order Reviews

    This proposed attainment determination would, if finalized, result
in the suspension of certain federal requirements and would not impose
any additional requirements. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).

In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) and
will not impose substantial direct costs on tribal governments or
preempt tribal law

because it merely makes a determination based on air quality data.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-10167 Filed 5-2-16; 8:45 am]
 BILLING CODE 6560-50-P