			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 26, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-16975

________________________________________________________________________
___________________This serves as notice to the public of the action
described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Application of DELTA AIR LINES, INC. (DELTA) and AEROVIAS DE MEXICO,
S.A. DE C.V. (AEROMEXICO),  filed 1/27/04, for:

XX Exemption for Delta for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Boston, Massachusetts, and the terminal point
Mexico City, Mexico, and to combine this exemption authority with all of
Delta’s existing certificate and exemption authority, consistent with
international agreements.

XX Statement of Authorization for Aeromexico for indefinite duration
under Part 212 of the Department’s Regulations to:

Display Delta’s “DL” designator code on flights operated by
Aeromexico between Boston, Massachusetts, and Mexico City, Mexico.

Applicant reps: Robert E. Cohn (Delta)<PHONE_NUMBER> DOT Analyst: Linda
Lundell<PHONE_NUMBER>

                         William C. Evans (Aeromexico)<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action granting new exemption authority to Delta was effective
when

taken:  February 26, 2004,  through _February 26, 2006 .

The above action granting a statement of authorization to Aeromexico was
effective when

taken:   February 26, 2004, and will remain in effect indefinitely,
subject to the conditions below.

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX   Delta’s certificates of public convenience and necessity

	XX   Aeromexico’s foreign air carrier permit

	XX   Standard Exemption Conditions (attached)

Conditions:   The U.S.-Mexico exemption authority granted to Delta is
subject to the dormancy notice requirements set forth in condition 7 of
Appendix A of Order 88-10-2, and is limited to operations conducted on a
code-share basis only.

												2

The route integration authority granted to Delta is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon Delta rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Delta notifies the Department of its intent to serve such
a market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights); (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
Delta’s authority by virtue of the route integration exemption granted
here, but that are not then being used by Delta, the holding of such
authority by route integration will not be considered as providing any
preference for Delta in a competitive carrier selection proceeding to
determine which carrier(s) should be entitled to use the authority at
issue.

The Statement of Authorization granted Aeromexico is subject to the
following conditions:

 The statement of authorization will remain in effect only as long as
Delta and Aeromexico continue to hold the underlying authority to
operate the code-share services at issue, and the code-share agreement
providing for the code-share operations remains in effect.

  Delta and/or Aeromexico must promptly notify the Department (Office of
Internatinal Aviation) if the code-share agreement is no longer
effective or if the carriers decide to cease operating all or a portion
of the approved code-share services.  (Such notice should be filed in
Docket OST-2004-16975).

  The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected;
and the operating carrier shall not permit the code of its U.S.
code-sharing partner to be carried on any flight that enters, departs,
or transits the airspace of any area for whose airspace the Federal
Aviation Administration has issued a flight prohibition; and

  The authority granted here is specifically conditioned so that neither
Delta nor Aeromexico shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

________________________________________________________________________
_________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the 												3

Energy Policy and Conservation Act of 1975.  To the extent not granted,
we denied all requests in the

referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time

without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

							APPENDIX

U.S. Carrier Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

											8/2003

   Aeromexico already holds exemption authority to serve the
Boston-Mexico City market (see Notice of Action Taken dated October 16,
2003, in Docket OST-2003-16269).

   We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.


[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices]
[Page 50771-50772]
[DOCID:fr17au10-63]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1999-D-2955] (formerly Docket No. 1999D-4071)

Draft Revised Guidance for Industry on Residual Solvents in New
Veterinary Medicinal Products, Active Substances and Excipients
(Revision) VICH GL18(R); Request for Comments; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability for comments of a draft revised guidance for industry
(100) entitled ``Residual Solvents in New Veterinary Medicinal
Products, Active Substances and Excipients (Revision) VICH GL18(R).''
This draft revised guidance, which updates a final guidance on the same
topic for which a notice of availability was published in the Federal
Register of May 22, 2001 (66 FR 28182) (the 2001 final guidance), has
been developed for veterinary use by the International Cooperation on
Harmonisation of Technical Requirements for Registration of Veterinary
Medicinal Products (VICH). The guidance is intended to recommend
acceptable amounts of residual solvents in new animal drugs (referred
to as pharmaceuticals or veterinary medicinal products in this
guidance) for the safety of the target animal as well as for the safety
of human consumers of products derived from treated food producing
animals. It is intended to assist in developing new animal drug
applications (referred to as marketing applications in this guidance)
submitted

to the European Union, Japan, and the United States.

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 18, 2010.

ADDRESSES:  Submit written requests for single copies of the guidance
to the Communications Staff (HFV-12), Center for Veterinary Medicine,
Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://
www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Mai Huynh, Center for Veterinary
Medicine (HFV-142), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, many important initiatives have been undertaken by
regulatory authorities and industry associations to promote the
international harmonization of regulatory requirements. FDA has
participated in efforts to enhance harmonization and has expressed its
commitment to seek scientifically based harmonized technical procedures
for the development of pharmaceutical products. One of the goals of
harmonization is to identify and then reduce differences in technical
requirements for drug development among regulatory agencies in
different countries.
    FDA has actively participated in the International Conference on
Harmonization of Technical Requirements for Approval of Pharmaceuticals
for Human Use for several years to develop harmonized technical
requirements for the approval of human pharmaceutical and biological
products among the European Union, Japan, and the United States. The
VICH is a parallel initiative for veterinary medicinal products. The
VICH is concerned with developing harmonized technical requirements for
the approval of veterinary medicinal products in the European Union,
Japan, and the United States, and includes input from both regulatory
and industry representatives.
    The VICH Steering Committee is composed of member representatives
from the European Commission, European Medicines Evaluation Agency,
European Federation of Animal Health, Committee on Veterinary Medicinal
Products, the U.S. Food and Drug Administration, the U.S. Department of
Agriculture, the Animal Health Institute, the Japanese Veterinary
Pharmaceutical Association, the Japanese Association of Veterinary
Biologics, and the Japanese Ministry of Agriculture, Forestry, and
Fisheries.
    Four observers are eligible to participate in the VICH Steering
Committee: One representative from the government of Australia/New
Zealand, one representative from the industry in Australia/New Zealand,
one representative from the government of Canada, and one
representative from the industry of Canada. The VICH Secretariat, which
coordinates the preparation of documentation, is provided by the
International Federation for Animal Health (IFAH). An IFAH
representative also participates in the VICH Steering Committee
meetings.

II. Draft Revised Guidance on Residual Solvents in New Veterinary
Medicinal Products, Active Substances and Excipients

    In April 2010, the VICH Steering Committee agreed that a draft
revised guidance entitled ``Residual Solvents in New Veterinary
Medicinal Products, Active Substances and Excipients (Revision) VICH
GL18(R)'' should be made available for public comment. The draft
revised guidance is a revision of the 2001 final guidance on the same
topic. The draft revised guidance revises the lower PDE (permissible
daily exposure) for N-Methylpyrrolidone being kept in Class 2 (Table 2
of the draft revised guidance) and for Tetrahydrofuran being placed
into Class 2 from Class 3 (Table 3 of the draft revised guidance). The
draft revised guidance is a product of the Quality Expert Working Group
of the VICH. Comments about this draft will be considered by FDA and
the VICH Quality Expert Working Group.

III. Paperwork Reduction Act of 1995

    This draft revised guidance refers to previously approved
collections of information found in FDA regulations. These collections
of information are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in sections II-VI of this
document have been approved under OMB Control No. 0910-0032.

IV. Significance of Guidance

    This draft guidance developed under the VICH process, includes
mandatory language that does not describe a statutory or regulatory
requirement, as permitted by good guidance practices regulation (21 CFR
10.115(i)(3)). Mandatory language that does not describe a statutory or
regulatory requirement will be revised in the final guidance document.
    The draft revised VICH guidance (GFI 100) is consistent
with the agency's current thinking on this topic. This guidance does
not create or confer any rights for or on any person and will not
operate to bind FDA or the public. An alternative method may be used as
long as it satisfies the requirements of applicable statutes and
regulations.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

VI. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/
GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http:/
/www.regulations.gov.

    Dated: August 9, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-20235 Filed 8-16-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9904-9905]
[FR Doc No: 2013-03154]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-1836-003; ER12-2227-001; ER10-1952-001; ER10-
1971-007; ER10-2005-003; ER11-26-003; ER10-1838-002; ER10-1839-003;
ER10-2551-002; ER10-1915-002; ER12-569-003; ER10-1841-003; ER13-712-
002; ER10-1843-003; ER10-1845-003; ER10-1844-003; ER10-1846-002; ER10-
1847-002; ER10-1849-002; ER11-2037-002; ER10-1851-001; ER10-1852-003;
ER10-1855-002; ER10-1856-002; ER10-1857-002; ER10-1887-002; ER10-1890-
002; ER10-1897-003; ER10-1899-002; ER10-1900-002; ER10-1902-002; ER11-
2192-003; ER10-1989-002; ER10-1990-002 ER10-1991-003; ER12-1660-003;
ER11-4678-003; ER10-1992-002; ER10-1993-002; ER10-1994-002; ER10-2078-
004 ER10-1995-002; ER12-631-003; ER10-1903-002; ER11-2160-002; ER10-
1905-003; ER10-1906-002; ER10-1907-003 ER10-1918-003; ER10-1920-004;
ER10-1925-003; ER10-1927-003; ER10-1928-004; ER11-2642-003; ER12-676-
002 ER10-1986-002; ER10-1985-002; ER11-2365-003; ER10-1984-003; ER10-
1983-003; ER10-1976-002; ER12-2444-001 ER10-1975-009; ER10-1974-009;
ER12-1228-002; ER10-1963-002; ER10-1964-003; ER10-1965-003; ER12-2226-
001 ER12-2225-001; ER10-1966-002; ER10-1967-002; ER10-1968-002; ER10-
2720-004; ER10-1930-001; ER10-1931-001 ER10-1932-002; ER10-1935-002;
ER10-1948-001; ER10-1950-003; ER11-3635-002; ER10-2006-004; ER10-1961-
002 ER10-1962-002; ER11-4428-004; ER12-1880-003; ER12-895-002; ER11-
4462-004; ER10-1970-003; ER11-4677-003 ER10-1972-003; ER10-1973-002;
ER10-1951-003
    Applicants: Ashtabula Wind, LLC, Ashtabula Wind, LLC, Ashtabula
Wind II, LLC, Ashtabula Wind III, LLC, Backbone Mountain Windpower,
LLC, Badger Windpower, LLC, Baldwin Wind, LLC, Bayswater Peaking
Facility, LLC, Blackwell Wind, LLC, Butler Ridge Wind Energy Center,
LLC, Cimarron Wind Energy, LLC, Crystal Lake Wind, LLC, Crystal Lake
Wind II, LLC, Crystal Lake Wind III, LLC, Day County Wind, LLC, Diablo
Winds, LLC, Elk City Wind, LLC, Elk City II Wind, LLC, ESI Vansycle
Partners, L.P., Florida Power & Light Company, FPL Energy Burleigh
County Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy Cape, LLC,
FPL Energy Cowboy Wind, LLC, FPL Energy Green Power Wind, LLC, FPL
Energy Hancock County Wind, LLC, FPL Energy Illinois Wind, LLC, FPL
Energy Maine Hydro, LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50
L.P., FPL Energy Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL
Energy New Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL
Energy North Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL
Energy Oliver Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy
Sooner Wind, LLC, FPL Energy South Dakota Wind, LLC, FPL Energy
Stateline II, Inc., FPL Energy Vansycle, L.L.C., FPL Energy Wyman, LLC,
FPL Energy Wyman IV, LLC, FPL Energy Wyoming, LLC, Garden Wind, LLC,
Hatch Solar Energy Center I, LLC Hawkeye Power Partners, LLC, High
Majestic Wind Energy Center, LLC, High Winds, LLC, High Majestic Wind
II, LLC Jamaica Bay Peaking Facility, LLC, Lake Benton Power Partners
II, LLC, Langdon Wind, LLC, Limon Wind, LLC Limon Wind II, LLC, Logan
Wind Energy LLC, Meyersdale Windpower LLC, Mill Run Windpower, LLC,
Minco Wind, LLC, Minco Wind II, LLC, Minco Wind III, LLC, Minco Wind
Interconnection Services, LLC, NEPM II, NextEra Energy Duane Arnold,
LLC, NextEra Energy Montezuma II Wind, LLC, NextEra Energy Point Beach,
LLC, NextEra Energy Seabrook, LLC, NextEra Energy Services
Massachusetts, LLC, Northeast Energy Associates, A Limited Partnership,
North Jersey Energy Associates, A Limited Partnership, North Sky River
Energy, LLC, Northern Colorado Wind Energy, LLC, Osceola Windpower, LLC
Osceola Windpower II, LLC, Paradise Solar Urban Renewal, L.L.C., Peetz
Table Wind Energy, LLC, Pennsylvania Windfarms, Inc., Perrin Ranch
Wind, LLC, Red Mesa Wind, LLC, Sky River LLC, Somerset Windpower, LLC,
Story Wind, LLC, Tuscola Bay Wind, LLC, Vasco Winds, LLC, Victory
Garden Phase IV, LLC, Waymart Wind Farm, L.P. Wessington Wind Energy
Center, LLC, White Oak Energy LLC, Wilton Wind II, LLC, Windpower
Partners 1993, LLC
    Description: Amendment to December 17, 2012 NextEra Resources
Entities' Notification of Non-material Change in Status and Subsidiary
Name Change.
    Filed Date: 02/04/2013.
    Accession Number: 20130204-5165.
    Comments Due: 5 p.m. ET 2/25/13.

    Docket Numbers: ER10-2194-002.
    Applicants: Luminant Energy Company LLC.
    Description: Luminant Energy Company LLC hereby files an updated
version of Attachment A-2, which Luminant originally submitted with its
Petition for Determination of Status as a Category 1 Seller Pursuant to
Order 697.
    Filed Date: 1/22/13.
    Accession Number: 20130122-5385.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: ER12-682-000.
    Applicants: Erie Wind, LLC.
    Description: Refund Report to be effective N/A.
    Filed Date: 11/13/12.
    Accession Number: 20121113-5193.
    Comments Due: 5 p.m. ET 2/26/13.

    Docket Numbers: ER13-474-001.
    Applicants: Fitchburg Gas and Electric Light Company, ISO New
England Inc.
    Description: Fitchburg Gas and Electric Compliance Filing to be
effective 11/30/2012.
    Filed Date: 2/5/13.
    Accession Number: 20130205-5011.

    Comments Due: 5 p.m. ET 2/26/13.

    Docket Numbers: ER13-752-001.
    Applicants: Energy Storage Holdings, LLC.
    Description: Amendment to Energy Storage Holdings, LLC MBR
Application to be effective 1/12/2013.
    Filed Date: 2/4/13.
    Accession Number: 20130204-5135.
    Comments Due: 5 p.m. ET 2/25/13.

    Docket Numbers: ER13-871-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): 2013-02-05 SA 2506 ITC-Pheasant Run
to be effective 1/3/2013.
    Filed Date: 2/5/13.
    Accession Number: 20130205-5063.
    Comments Due: 5 p.m. ET 2/26/13.

    Docket Numbers: ER13-881-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 2013-02-04 SA 2508 Northstar Wind-Pheasant Ridge-
MidAmerican to be effective 2/5/2013.
    Filed Date: 2/4/13.
    Accession Number: 20130204-5113.
    Comments Due: 5 p.m. ET 2/25/13.

    Docket Numbers: ER13-882-000.
    Applicants: PPL EnergyPlus, LLC.
    Description: Request for Waiver, Shortened Comment Period, and
Expedited Consideration of PPL EnergyPlus, LLC.
    Filed Date: 2/4/13.
    Accession Number: 20130204-5163.
    Comments Due: 5 p.m. ET 2/19/13.

    Docket Numbers: ER13-883-000.
    Applicants: Green Energy Partners/Stonewall LLC.
    Description: Request for Limited Tariff Waiver and Request for
Expedited Action of Green Energy Partners/Stonewall LLC under ER13-883.
    Filed Date: 2/4/13.
    Accession Number: 20130204-5164.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: ER13-884-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Notice of
Cancellation of Large Generator Interconnection Agreement with Happy
Whiteface Wind, LLC, et al.
    Filed Date: 2/5/13.
    Accession Number: 20130205-5072.
    Comments Due: 5 p.m. ET 2/26/13.

    Docket Numbers: ER13-885-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Consolidated Edison Company of New York, Inc. submits
Notice of Cancellation of Rate Schedule No. 66 with the Power Authority
of the State of New York.
    Filed Date: 2/5/13.
    Accession Number: 20130205-5088.
    Comments Due: 5 p.m. ET 2/26/13.

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

    Docket Numbers: ES13-13-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Amendment to January 4, 2013 Section 204 Application
of Midwest Independent Transmission System Operator, Inc.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5403.
    Comments Due: 5 p.m. ET 2/11/13.

    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: February 5, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-03154 Filed 2-11-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Rules and Regulations]
[Pages 50128-50129]
[FR Doc No: 2011-20456]

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

40 CFR Part 52

[EPA-R09-OAR-2011-0416; FRL-9446-7]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX) and oxides of sulfur (SOX) emissions from
facilities emitting 4 tons or more per year of NOX or
SOX in the year 1990 or any subsequent year under the
SCAQMD's Regional Clean Air Incentives Market (RECLAIM) program. We are
approving a local rule that regulates these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on September 12, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0416 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947-
4114<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 27, 2011 (76 FR 30896), EPA proposed to approve the
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                               Rule
               Local agency                               Rule title               Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD....................................       2002  Allocations for Oxides of             11/05/10  04/05/11
                                                        Nitrogen (NOX) and Oxides of
                                                        Sulfur (SOX).
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rule comply with the relevant CAA requirements. Therefore, as
authorized in section 110(k)(3) of the Act, EPA is fully approving this
rule into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 11, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: July 18, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 [AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraph (c)(388) (i)(A)(4) to
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (A) * * *
    (4) Rule 2002, ``Allocations for Oxides of Nitrogen
(NOX) and Oxides of Sulfur (SOX),'' amended
November 5, 2010.
* * * * *
[FR Doc. 2011-20456 Filed 8-11-11; 8:45 am]
BILLING CODE 6560-50-P