[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Proposed Rules]
[Pages 49941-49943]
[FR Doc No: 2021-19103]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0678]
RIN 1625-AA08

Special Local Regulation; Tennessee River, Chattanooga, TN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for navigable waters of the Tennessee River from mile
452.0 to 454.5. This action is necessary to provide for the safety of
life on these navigable waters near Chattanooga, TN, during a swimming
event on October 9, 2021. This proposed rulemaking would prohibit
persons and vessels from being in the special local regulation unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0678 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Third Class Joshua
Rehl, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone
615-736-5421, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 9, 2021, the Chattanooga Open Water Swimmers notified
the Coast Guard that it will be conducting the Swim the Suck from 9:30
a.m. to 11:30 a.m. on October 9, 2021. The swimmers will start at Suck
Creek Boat Ramp and cross the river immediately and continue to swim
downriver for 10 miles ending at TN River Gardens in Chattanooga, TN.
The COTP has determined that potential hazards associated with the Swim
the Suck swimming event will be a safety concern, and a temporary
special local regulation is needed. This proposed rule is needed to the
swimmerst in the navigable waters within the temporary special local
regulation during the Swim the Suck event.
    The purpose of this proposed rulemaking is to ensure the safety of
life and the navigable waters within a 2.5 mile span of the river where
the swimmers will be during the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
    The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impracticable to provide a 30-day comment
period because we must establish this safety zone by October 9, 2021. A
15-day comment period would allow the Coast Guard to provide for public
notice and comment, but also update the proposed regulation soon enough
that the length of the notice and comment period does not compromise
safety.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from
9:30 a.m. to 11:30 a.m. on October 9, 2021. The special local
regulation would cover all navigable waters within 2.5 miles of the
Swim the Suck event in the Tennessee River located between miles 452
and 454.5 in Chattanooga, TN. The duration of the zone is intended to
ensure the safety of the swimmers in these navigable waters before,
during, and after the scheduled 9:30 to 11:30 a.m. Swim the Suck event.
No vessel or person would be permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The proposed
safety zone would last for 2 hours, after which time vessels will be

able to transit freely. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting 2 hours that would prohibit entry between
miles 452 to 454.5 of the Tennessee River. Normally such actions are
categorically excluded from further review under paragraph L[61] and
L[63a] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0678 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy

and submissions to the docket in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0678 to read as follows:

Sec.  100.T08-0678  Chattanooga, TN. Tennessee River, mile marker 452
to mile marker 454.5.

    (a) Regulated area. The regulations in this section apply to the
following area: All waters of the Tennessee River between mile 452 and
454.5 in the Tennessee River, extending from bank to bank within the
river.
    (b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or
their designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by Sector Ohio Valley command center at<PHONE_NUMBER>.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
    (c) Enforcement period. This section will be enforced from 9:30
a.m. to 11:30 a.m. on October 9, 2021.

    Dated: August 24, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-19103 Filed 9-3-21; 8:45 am]
 BILLING CODE 9110-04-P


E [C]/R Incorporated
                  Providing Environmental Technical Support Since 1989

MEMORANDUM

DATE:		March 21, 2011

TO:		Melanie King, EPA OAQPS/SPPD/ESG

FROM:	Tanya Parise, EC/R, Inc.

SUBJECT:	Summary of the March 8, 2011 Teleconference with API Regarding Issues Related to the SI NSPS

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INTRODUCTION

      A teleconference was held between EPA and the American Petroleum Institute (API) to discuss issues related to the new source performance standards (NSPS) for stationary spark ignition (SI) engines, 40 CFR part 60, subpart JJJJ.  EPA proposed minor amendments 40 CFR part 60, subpart JJJJ along with amendments to 40 CFR part 60, subpart IIII on June 8, 2010 (75 FR 32612).

ATTENDEES

Michael Horowitz, EPA
Matt Todd, API
Melanie King, EPA
Jeff Adams, BP
Tanya Parise, EC/R
Jeff Panek, IES

Tom Monahan, ExxonMobil

SUMMARY OF TELECONFERENCE

	On March 10, 2010, API submitted a letter to EPA containing a list of issues related to the SI NSPS  and on December 21, 2010, EPA provided a response to API on these issues.  In addition, EPA provided a follow-up response to API on one additional issue on March 3, 2011.
	API asked what the status was of EPA's consideration of the Engine Manufacturers Association's (EMA) recommendation on the proposed definition of "installed."  EMA's specific recommendation was provided in EMA's comments on the proposed amendments (see pages 20-21 of EPA-HQ-OAR-2010-0295-0037).  EPA indicated that it is still contemplating the recommendations received on the proposed definition, but noted that it does not see a reason why EMA's suggestions would not be included in the final rule.  API indicated that it concurs with EMA's recommendation on the definition of "installed."

	API asked what other changes EPA is considering making to the SI NSPS.  EPA indicated that it will address the typographical errors in the mathematical symbols and other minor mistakes.  EPA said that it is not making any substantive changes to the SI NSPS at this time because any substantive changes to the rule would require notice and comment.

	API requested that EPA consider making changes to the flowrate issue that is described on pages 8 and 9 of EPA's December 21, 2010 response letter.  API indicated that a flowrate measurement is not necessary when complying with a concentration-based standard and subsequently asked EPA to revise Table 2 in the SI NSPS to clarify that such measurement is not needed.  EPA noted API's concern regarding flowrate measurements and indicated it would discuss this issue internally.

	According to API, there is significant confusion surrounding the initial notification requirements, and asked if there was anything that EPA could do at this point, perhaps in the form of clarifying preamble language in the final rule.  Supposedly, there are double, triple and even quadruple notifications being submitted for the same engine, API said.

	Regarding requirements related to load specifications, which are discussed in EPA's response letter, API expressed that it would be helpful to include language in the preamble clarifying the requirements according to EPA's responses in the letter.

 	API asked if EPA would be willing to consider including concentration-based standards in the rule at this time for engines between 25 and 100 horsepower (HP).  EPA indicated it would consider adding concentration-based alternative standards, but that is a substantial change that would require notice and comment, EPA said.

	API asked if EPA was considering adding any new definitions to the rule, for instance, a definition for "major repair."  EPA indicated that it did not believe so.

	Finally, API explained that the State of Wyoming is urging the use of natural gas units on drill rigs.  According to API, however, natural gas engines above 300 HP suitable for drill rigs are not being produced by manufacturers.  Typically, drill rig engines are between 600 and 800 HP or 1,000 HP and above.  API asked that a provision be added to 40 CFR part 60, subpart JJJJ, allowing engines to elect to comply with 40 CFR part 60, subpart JJJJ instead of nonroad standards.  EPA noted API's concern, but indicated that such a request cannot be addressed under this rule because these are mobile source engines.  API expressed that it wanted EPA to be aware of this issue and that manufacturers are not going to be certifying engines for this service.


[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66133-66134]
[DOCID:fr14de09-57]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0293]

Peter Xuong Lam: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the act) debarring
Peter Xuong Lam for a period of 20 years from importing articles of
food or offering such articles for importation into the United States.
FDA bases this order on a finding that Mr. Lam was convicted of four
felonies under Federal law for conduct relating to the importation into
the United States of an article of food. After being given notice of
the proposed debarment and an opportunity to request a hearing within
the timeframe prescribed by regulation, Mr. Lam failed to request a
hearing. Mr. Lam's failure to request a hearing constitutes a waiver of
his right to a hearing concerning this action.

DATES: This order is effective December 14, 2009.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs,
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,
240-632-6844.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the act (21 U.S.C. 335a(b)(1)(C)) permits
FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the act (21 U.S.C.
335a(b)(3)(A)), that the individual has been convicted of a felony
under Federal law for conduct relating to the importation into the
United States of any food.
    On October 29, 2008, Mr. Lam was convicted in the United States
District Court for the Central District of California of one count of
conspiracy, in violation of 18 U.S.C. 371, for conspiring to violate 18
U.S.C. 545 (importation contrary to law) and 21 U.S.C. 331(a) and (c)
and 21 U.S.C. 333(a)(2) (felony delivery and receipt of misbranded
food) and of three counts of violating 18 U.S.C. 545 and 18 U.S.C. 2(b)
(trafficking in fish contrary to 18 U.S.C. 541 and 21 U.S.C. 331(a)).
Judgment was entered against Mr. Lam on May 22, 2009.
    FDA's finding that debarment is appropriate is based on three
felony convictions for trafficking in illegally imported merchandise
and one felony conviction for conspiracy. The factual basis for those
convictions is as follows: From May 2004 until on or about October
2006, Mr. Lam conspired to falsely identify, mislabel, and fraudulently
declare certain imports of frozen fillets of Pangasius hypophthalmus,
commonly referred to as ``Vietnamese catfish'' or ``basa,'' in order to
evade antidumping duties and to then market them, still falsely
labeled. Mr. Lam sold the imported frozen Vietnamese catfish fillets in
the United States, mislabeled as other types of fish, for a lower price
than would have been necessary if the antidumping duties had been paid.
He told purchasers who had specifically ordered Vietnamese catfish, and
who questioned the subsequently received boxes of fish labeled as other
species, or invoices identifying the fish as other species, that, among
other things, the names used were alternative names for what the
purchasers had ordered, or that the factory had made an error with the
boxes, but the contents of the box were in fact the Vietnamese catfish
that the purchasers had ordered. On or about November 17, 2004, Mr. Lam
filled an order for 800 cases of ``catfish fillet (Basa)'' with 800
cases of ``conger pike fillet,'' and then represented to the purchaser
that ``conger pike fillet'' was the scientific name for basa and that
the product sold to the purchaser was basa.
    On or about November 7, 2004, December 7, 2004, February 3, 2005,
and February 27, 2005, in violation of 18 U.S.C. 545 and 18 U.S.C.
2(b), Mr. Lam made and knowingly submitted to a customs broker a false
record, account, and label for false identification of fish with a
market value greater than $350. The documents and labels identified the
fish as ``common carp,'' ``sole,'' and ``conger pike,'' though Mr. Lam
knew the fish was Vietnamese catfish which had been transported in
foreign commerce and imported with intent to sell.
    FDA sent Mr. Lam by certified mail on September 11, 2009, a
proposal to debar Mr. Lam for a period of 20 years from importing an
article of food or offering such an article for import into the United
States. The proposal was based on a finding under section 306(b)(1)(C)
of the act that Mr. Lam was convicted of four felonies under Federal
law for conduct relating to the importation into the United States of
any food, and a determination, after consideration of the factors set
forth in section 306(c)(3) of the act (21 U.S.C. 335a(c)(3)), that the
full periods of debarment shall run consecutively as provided by
section 306(c)(2)(A)(iii) of the act (21 U.S.C. 335a(c)(2)(A)(iii)).
The proposal also offered Mr. Lam an opportunity to request a hearing,
providing him 30 days from the date of receipt of the letter in which
to file the request, and advised him that failure to request a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Mr. Lam did not request a hearing
and has, therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Acting Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(1)(C) of the act, and under
authority delegated to the Acting Director (Staff Manual Guide
1410.35), finds that Mr. Peter Xuong Lam has been convicted of four
felonies under Federal law for conduct relating to the importation of
an article of food into the United States and that the full periods of
debarment shall run consecutively under section 306(c)(2) of the act
(21 U.S.C. 335a(c)(2)).
    As a result of the foregoing finding, Mr. Lam is debarred for a
period of 20 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Under section 301(cc) of the act (21 U.S.C. 331(cc)), the importing or
offering for import into the United States of an article of food by,
with the assistance of, or at the direction of Mr. Lam is a prohibited
act.
    Any application by Mr. Lam for termination of debarment under
section 306(d)(1) of the act (21 U.S.C. 335a(d)(1)) should be
identified with Docket No. FDA-2009-N-0293 and sent to the Division of
Dockets Management (see ADDRESSES). All such submissions are to be
filed in four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: November 20, 2009.
Brenda Holman,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. E9-29715 Filed 12-11-09; 8:45 am]

BILLING CODE 4160-01-S


10391 Federal Register / Vol. 64, No. 42 / Thursday, March 4, 1999 / Rules and Regulations E. Regulatory Flexibility Act The Regulatory Flexibility Act ( RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not for profit enterprises, and small governmental jurisdictions. This final rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the federal state relationship under the Clean Air Act, preparation of flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U. S. EPA, 427 U. S. 246, 255   66 ( 1976); 42 U. S. C. 7410( a)( 2).

F. Unfunded Mandates Under section 202 of the Unfunded Mandates Reform Act of 1995 (`` Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a federal mandate that may result in estimated annual costs to state, local, or tribal governments in the aggregate, or to the private sector, of $ 100 million or more. Under section 205, EPA must select the most costeffective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule. EPA has determined that this approval action does not include a federal mandate that may result in estimated annual costs of $ 100 million or more to either state, local, or tribal governments in the aggregate, or to the private sector. This federal action approves preexisting requirements under state or local law, and imposes no new requirements. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector result from this action.

G. Submission to Congress and the Comptroller General 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 rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a `` major'' rule as defined by 5 U. S. C. 804( 2).

H. Petitions for Judicial Review 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 May 3, 1999. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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 58 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements.

Dated: February 24, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 58, chapter I, title 40 of the Code of Federal Regulations is amended as follows:

PART 58   [ AMENDED]

1. The authority citation for Part 58 continues to read as follows:

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

2. Part 58, Appendix D, section 2.5: the table is amended by revising the entries for Alabama, Florida, Georgia, Mississippi and Tennessee to read as follows: Appendix D to Part 58   Network Design for State and Local Air Monitoring Stations ( SLAMS), National Air Monitoring Stations ( NAMS), and Photochemical Assessment Monitoring Stations ( PAMS)

* * * * * 2.5 Ozone ( O3) Design Criteria for SLAMS * * *

OZONE MONITORING SEASON BY STATE State Begin month End month * * * * * Alabama ......... March ............. October.

* * * * * Florida ............ March ............. October. Georgia ........... March ............. October.

* * * * * Kentucky ......... March ............. October.

* * * * * Mississippi ...... March ............. October.

* * * * * Tennessee ...... March ............. October.

* * * * *

[ FR Doc. 99   5382 Filed 3   3   99; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 136 and 439 [ FRL   6304   8]

RIN 2040   AA13 Pharmaceutical Manufacturing Category Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards; Final Rule AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule; correction SUMMARY: EPA is correcting minor errors in the preamble and effluent limitations guidelines and standards for the pharmaceutical manufacturing point source category, which appeared in the Federal Register on September 21, 1998 ( 63 FR 50388).

EFFECTIVE DATE: These corrections shall become effective March 4, 1999. In accordance with 40 CFR 232, this rule will be considered promulgated for purposes of judicial review at 1: 00 P. M. Eastern time on March 18, 1999. 10392 Federal Register / Vol. 64, No. 42 / Thursday, March 4, 1999 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Dr. Frank H. Hund, Office of Water Engineering and Analysis Division ( 4303), U. S. Environmental Protection Agency, 401 M St., SW, Washington, DC, 20460, ( 202) 260   7182, hund. frank@ epamail. epa. gov.

SUPPLEMENTARY INFORMATION: In a final rule published on September 21, 1998 ( 63 FR 50388), EPA established final effluent limitations and standards for the pharmaceutical manufacturing point source category for the control of wastewater pollutants. The final rule contained minor typographical errors and errors in the rounding of several of the numerical limitations to a specific number of significant figures. This document corrects those errors.

Administrative Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a `` significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 ( Pub. L. 104   4). This rule also does not require prior consultation with State, local, and tribal government officials as specified by Executive Order 12875 ( 58 FR 58093, October 28, 1993) or Executive Order 13084 ( 63 FR 27655, May 10, 1998), or involve special consideration of environmental justice related issues as required by Executive Order 12898 ( 59 FR 7629, February 16, 1994). Because this action is not subject to the notice and comment requirements under the Administrative Procedure Act, 5 U. S. C. 553, or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). This rule also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997) because EPA interprets E. O. 13045 as applying only to those regulatory actions that are based on health and safety risks, such that the analysis required under section 5   501 of the Order has the potential to influence the regulation. This rule is not subject to E. O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. EPA's compliance with these statutes and Executive Orders for the underlying rule is discussed in the Federal Register notice of September 21, 1998. This action contains no information collection requirements. Therefore, no information collection request has been submitted to the Office of Management and Budget ( OMB) for review and approval under the Paperwork Reduction Act of 1980, 44 U. S. C. 1501, et seq. The revisions in this final rule are not substantive. These revisions correct minor typographical errors and errors in the rounding of several numerical limitations. For this reason, EPA has determined that public participation in this action is unnecessary and constitutes good cause for issuing this rule without notice and comment. For the same reason, the Agency has determined that good cause exists to waive the requirement for a 30 day period before the amendments become effective and therefore the amendments will be immediately effective. The Congressional Review Act ( CRA), 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U. S. C. 808( 2). As stated above, EPA has made such a good cause finding, including the reasons therefor, and established an effective date of March 4, 1999. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

List of Subjects in 40 CFR Part 439 Environmental protection, Incorporation by reference, Reporting and recordkeeping requirements, Water pollution control.

Dated: February 22, 1999. J. Charles Fox, Assistant Administrator for Water.

The following corrections are made in FRL   6135   7, Final Effluent Limitations Guidelines and Standards for the Pharmaceutical Manufacturing Point Source Category, which was published in the Federal Register on September 21, 1998 ( 63 FR 50388). 1. On page 50392 column 1 line 38 `` BO 5'' is corrected to read `` BOD 5''. 11 2., 3., and 4. On page 50392 column 2 lines 3, 6, and 7 `` BO 5'' in each instance is corrected to read `` BOB 5''. 5., 6., 7., and 8. On page 50394 in column 2 lines 15, 19, 55, and 60, `` BOD 5'' in each instance is corrected to read `` BOD 5''. 9. On page 50398 column 1 line 47, the word `` plants'' is removed. 10. On page 50402 column 1 line 48, `` passthrough'' is corrected to read `` pass through''. 11. On page 50409 column 2 line 38, ``( July, 1998'' is corrected to read `` July, 1998''. 12. On page 50410 column 3 line 31, `` are'' is corrected to read `` were''. 13. On page 50412 column 1 line 34, `` XI. B. 9. g'' is corrected to read `` VI. B. 9. G''. 14. On page 50421 column 1 line 26, the word `` that'' is removed. 15. On page 50421 column 2 lines 60 and 61, the phrase `` Mass loading at the relevant point of measurement)'' is removed. 16. and 17. On page 50422 column 2 lines 44 and 49, remove the word `` proposed.'' 18. On page 50422 column 3 line 21, remove the phrase `` being proposed today.'' 19. On page 50423 column 3 line 62, remove the phrase `` which the discharge occur'' and replace with `` which the discharge will occur''. 20. On page 50426 column 1 line 5, the phrase `` part a determination'' is corrected to read `` part, a determination''.

§ 439.14 [ Corrected] 21. On page 50427 in the table for § 439.14, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 24 Chloroform'' in the `` Regulated parameter'' column is changed from `` 0.01'' to `` 0.013''.

§ 439.15 [ Corrected] 22. On page 50428 in the table continued from the previous page, the numerical value listed in the column entitled `` Maximum daily discharge'', corresponding to the entry `` 17 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 25.0'' to `` 100.0''. 23. On page 50428 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 17 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 10.2'' to `` 40.6''. 10393 Federal Register / Vol. 64, No. 42 / Thursday, March 4, 1999 / Rules and Regulations 24. On page 50428 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 27 Chloroform'' in the `` Regulated pollutant'' column is changed from `` 0.01'' to `` 0.013''.

§ 439.16 [ Corrected]

25. On page 50429 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 10 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 9.7'' to `` 59.7''. 26. On page 50429 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 13 Benzene'' in the `` Regulated parameter'' column is changed from `` 0.6'' to `` 0.7''. 27. On page 50429 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 14 Toluene'' in the `` Regulated parameter'' column is changed from `` 0.1'' to `` 0.2''.

§ 439.17 [ Corrected]

28. On page 50429 in the table in § 439.17, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 14 Toluene'' in the `` Regulated parameter'' column is changed from `` 0.1'' to `` 0.2''.

§ 439.26 [ Corrected]

29. On page 50431 in the last line in column 1, the date `` October 22, 2001'' is replaced by `` September 21, 2001''. 30. On page 50431 in the table in § 439.26, change the entry `` Ethyl acetate'' in `` Regulated parameter'' column to `` 3 Ethyl acetate''. § 439.34 [ Corrected]

31. On page 50432 in the table in § 439.34, the numerical value listed in the column entitled `` Maximum daily discharge'', corresponding to the entry `` 14 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 25.0'' to `` 100.0''. 32. On page 50432 in the table in § 439.34, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'', corresponding to the entry `` 14 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 10.2'' to `` 40.6''. 33. On page 50432 in the table in § 439.34, the numerical value listed in the column entitled `` Maximum daily discharge'', corresponding to the entry `` 16 Triethyl amine'' in the `` Regulated parameter'' column is changed from `` 250.3'' to `` 250.0''. 34. On page 50432 in the table in § 439.34, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 16 Triethyl amine'' in the `` Regulated parameter'' column is changed from `` 101.5'' to `` 102.0''. 35. On page 50432 in the table in § 439.34, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 24 Chloroform'' in the `` Regulated parameter'' column is changed from `` 0.01'' to `` 0.013''.

§ 439.35 [ Corrected]

36. On page 50433 in the table in § 439.35, the entry listed in the column entitled `` Regulated parameter'', `` 18 Methyl Sulfoxide'' is changed to read `` 18 Dimethyl Sulfoxide''. 37. On page 50433 in the table in § 439.35, the numerical value listed in the column entitled `` Maximum daily discharge'' corresponding to the entry `` 23 Xylenes'' in the `` Regulated parameter'' column is changed from `` 0.02 to `` 0.03''. 38. On page 50433 in the table in § 439.35, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 27 Chloroform'' in the `` Regulated parameter'' column is changed from `` 0.01'' to `` 0.013''. 39. On page 50433 in the table in § 439.35, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 29 Chlorobenzene'' in the `` Regulated parameter'' column is changed from `` 0.05'' to `` 0.06''.

§ 439.36 [ Corrected]

40. On page 50434 in the table in § 439.36, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 10 Methyl Cellosolve'' in the `` Regulated parameter'' column is changed from `` 54.7'' to `` 59.7''. 41. On page 50434 in the table in § 439.36, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 14 Toluene'' in the `` Regulated parameter'' column is changed from `` 0.1'' to `` 0.2''.

§ 439.37 [ Corrected]

42. On page 50435 in the table continued from the previous page, the numerical value listed in the column entitled `` Average monthly discharge must not exceed'' corresponding to the entry `` 14 Toluene'' in the `` Regulated parameter'' column is changed from `` 0.1'' to `` 0.2''.

Appendix A to Part 439   Tables 43. On page 50437 Table 1 should appear as follows with certain Regulated Parameters identified with footnote designations.

TABLE 1.   SURROGATE PARAMETERS FOR DIRECT DISCHARGERS [ Utilizing biological treatment technology]

Regulated parameters Treatability class Amyl alcohol .................................................................................................................................................................................... Alcohols. Ethanol 1 Isopropanol 1 Methanol 1 Phenol Isobutyraldehyde 1 ........................................................................................................................................................................... Aldehydes. n Heptane 1 ..................................................................................................................................................................................... Alkanes. n Hexane 1 Diethylamine 1 ................................................................................................................................................................................. Amines. Triethylamine Benzene .......................................................................................................................................................................................... Aromatics. Toluene 1 10394 Federal Register / Vol. 64, No. 42 / Thursday, March 4, 1999 / Rules and Regulations TABLE 1.   SURROGATE PARAMETERS FOR DIRECT DISCHARGERS   Continued [ Utilizing biological treatment technology]

Regulated parameters Treatability class Xylenes 1 Chlorobenzene o Dichlorobenzene Chloroform 1 .................................................................................................................................................................................... Chlorinated Alkanes. Methylene chloride 1 1,2 Dichloroethane 1 Ethyl acetate 1 ................................................................................................................................................................................. Esters. Isopropyl acetate n Amyl acetate n Butyl acetate Methyl formate Tetrahydrofuran 1 ............................................................................................................................................................................ Ethers. Isopropyl ether Acetone 1 ......................................................................................................................................................................................... Ketones. 4 Methyl 2 pentanone ( MIBK) Ammonia ( aqueous) ........................................................................................................................................................................ Miscellaneous. 2 Acetonitrile Methyl Cellosolve Dimethyl Sulfoxide 1 These parameters may be used as a surrogate to represent other parameters in the same treatability class. 2 Surrogates have not been identified for the `` Miscellaneous'' treatability class.

44. On page 50437 Table 2 should appear as follows with certain Regulated Parameters with footnote designations:

TABLE 2.   SURROGATE PARAMETERS FOR INDIRECT DISCHARGERS [ Utilizing steam stripping treatment technology]

Regulated parameters Treatability class Benzene Toluene 1 Xylenes n Heptane ....................................................................................................................................................................... High strippability. nHexane Chloroform 1 Methylene chloride 1 Chlorobenzene Methyl cellosolve Ammonia ( aqueous) 1 Diethyl amine Triethyl amine Acetone 1 4 Methyl 2 pentanone ( MIBK) n Amyl acetate n Butyl acetate 1 .............................................................................................................................................................. Medium strippability. Ethyl acetate Isopropyl acetate Methyl formate Isopropyl ether Tetrahydrofuran 1 1,2   Dichloroethane o Dichlorobenzene 1 These paramaters may be used as a surrogate to represent other parameters in the same treatability class.

[ FR Doc. 99   5106 Filed 3   3   99; 8: 45 am]

BILLING CODE 6560   50   P


[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14276-14277]
[DOCID:fr27mr07-42]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0243; FRL-8292-2]

Board of Scientific Counselors, Ecological Research Program Mid-
Cycle Review Meetings--Spring 2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meetings.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of three meetings of the Board of
Scientific Counselors (BOSC) Eco Mid-Cycle Subcommittee.

DATES: The first meeting (a teleconference call) will be held on
Thursday, April 26, 2007, from 12 p.m. to 2 p.m. The second meeting (a
teleconference call) will be held on Tuesday, May 8, from 12 p.m. to 2
p.m. The third meeting (face-to-face meeting) will be held on
Wednesday, May 23, 2007 from 9:30 a.m. to 3 p.m. All times noted are
eastern time. The meetings may adjourn early if all business is
finished. Requests for the draft agenda or for making oral
presentations at the meetings will be accepted up to 1 business day
before each meeting.

ADDRESSES: Participation in the conference calls will be by
teleconference only--meeting rooms will not be used. Members of the
public may obtain the call-in number and access code for the calls from
Heather Drumm, whose contact information is listed under the FOR
FURTHER INFORMATION CONTACT section of this notice. The face to face
meeting will be held at the Newport Harbor Hotel and Marina, 49
America's Cup Avenue, Newport, Rhode Island 02840. Submit your
comments, identified by Docket ID No. EPA-HQ-ORD-2007-0243, by one of
the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2007-0243.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2007-0243.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Ecological Mid-Cycle Subcommittee Meeting--Spring 2007
Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, Attention Docket ID No. EPA-HQ-ORD-2007-0243.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2007-
0243. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0243. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

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

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

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

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

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as

copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Board of Scientific

Counselors, Ecological Mid-Cycle Subcommittee Meeting--Spring 2007
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Heather Drumm, Mail Drop 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1300 Pennsylvania Ave., NW., Washington, DC 20460; via phone/voice mail
at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Any member of the public interested in receiving a draft BOSC
agenda or making a presentation at either meeting may contact Heather
Drumm, the Designated Federal Officer, via any of the contact methods
listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes.
    Proposed agenda items for the meetings include, but are not limited
to: Teleconference #1: the objectives of the review; an overview of
ORD's ecological research program; a summary of major changes in the
ecological research program since 2005; Teleconference #2: an update on
the revised Ecological Multi-Year Plan; face-to-face meeting: the
ecological research program's progress in response to recommendations
from its 2005 BOSC review and other activities, subcommittee
discussions. The meetings are open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Heather Drumm at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability, please

contact Heather Drumm, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

    Dated: March 19, 2007.
Rebecca Calderon,
Acting Director, Office of Science Policy.
[FR Doc. E7-5581 Filed 3-26-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73927-73928]
[DOCID:fr28de07-188]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56972; File No. SR-NASD-2007-035]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc. (n/k/a/ Financial Industry Regulatory Authority, Inc.);
Order Granting Approval of a Proposed Rule Change Related to Mandated
Use of an Automated Liability Notification System

December 14, 2007.

I. Introduction

    On May 25, 2007, the National Association of Securities Dealers,
Inc. (``NASD'')\1\ filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'').\2\ Notice of the
proposal was published in the Federal Register on October 17, 2007.\3\
For the reasons discussed below, the Commission is granting approval of
the proposed rule change.
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    \1\ On July 26, 2007, the Commission approved a proposed rule
change filed by NASD to amend NASD's Certificate of Incorporation to
reflect its name change to Financial Industry Regulatory Authority,
Inc. (``FINRA'') in connection with the consolidation of the member
firm regulatory functions of NASD and NYSE Regulation, Inc. Exchange
Act Release No. 56146 (July 26, 2007); 72 FR 42190 (Aug. 1, 2007).
    \2\ 15 U.S.C. 78s(b)(1).
    \3\ Securities Exchange Act Release No. 56639 (October 11,
2007), 72 FR 58918 (October 17, 2007) [File No. SR-NASD-2007-035].
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II. Description

    NASD Rule 11810(i) sets, forth the procedures that must be followed
when a party is owed securities that have become the subject of a
voluntary corporate action, such as a tender or exchange offer is
seeking delivery of those securities. Under Rule 11810(i), the owed
party delivers a liability notice to the owing or failing party. The
liability notice sets a cut off date for the delivery of the securities
by the owing party and provides notice to the owing party that it will
be held liable for any damages caused by its failure to deliver the
securities in time for the owed party to participate in the voluntary
corporate action.
    If the owing party delivers the securities in response to the
liability notice, it has met its delivery obligation. If the owing
party fails to deliver the securities in sufficient time for the owed
party to participate in the voluntary corporate action, it will be
liable for any damages that may accrue thereby (i.e., the owing party
must deliver proceeds equivalent to the proceeds that the owed party
would have received if it had been able to participate in the offer).
The owed party has the responsibility to communicate its intentions to
the owing party and to prove, if necessary, that the owing party
received the liability notice.
    Prior to this proposed rule change, Rule 11810(i) required broker-
dealers to send liability notices using ``electronic media having
immediate receipt capabilities.'' Although there was no one acceptable
means for sending and tracking liability notices, NASD members advised
the NASD that it was industry practice to send liability notices by
fax. However, sending liability notices by fax is a manual, paper-
intensive process that is subject to error. The financial risk to an
owing firm that misses or incorrectly processes a liability notice
relating to a voluntary corporate action can be considerable.
    In response to industry need for a reliable and uniform method of
transmitting liability notices, The Depository Trust Company (``DTC'')
developed the SMART/Track for Corporate Action Liability Notification
Service (``SMART/Track''). SMART/Track is a web-based system for the
communication of corporate action

liability notices that allows DTC participants and National Securities
Clearing Corporation clearing members to create, send, process, and
tract such notices. Transmitting liability notices through SMART/Track
eliminates paper liability notices and provides firms with an
electronic, centralized system for the distribution, management and
control of liability notices. Use of SMART/Track helps reduce the
risks, costs, and delays resulting from missing or inaccurate
information associated with paper corporate action liability notices.
Specifically, provides participants with (1) more timely receipt and
distribution of corporation action liability notifications, (2) a
centralized system to manage and control all liability notifications on
all issues, (3) immediate identification of the security affected by a
corporate action liability notification, (4) detailed disclosure and
clearer explanation of the terms and conditions of the corporate
action, and (5) an audit trail with a complete record of actions taken
regarding a liability notice.
    As amended, NASD Rule 11810(i) mandates the use of the automated
liability notification system of a registered clearing agency when the
parties to a failed contract involving securities that have become the
subject of a voluntary corporate action are both participant in a
clearing agency that has an automated service for corporate action
liability notices.\4\ When either or both parties to such a contract
are not participants in a registered clearing agency that has an
automated service for corporate action liability notices, Rule 11810(i)
continues to require the liability notice to be issued using written or
comparable electronic media having immediate receipt capabilities.
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    \4\ Currently DTC is the only registered clearing agency
operating an automated corporate liability notification service.
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    NASD will announce the effective date of the proposed rule change
in a ``Notice to Members'' that will be published no later than sixty
days from the date of approval of this rule change. The NASD
anticipates that the effective date of the rule change will be thirty
days following publication of the Notice to Members announcing the
Commission's approval.

III. Discussion

    Section 15A(b)(6) of the Act requires, among other things, that the
rules of a securities association be designed to remove impediments to
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public
interest.\5\ The proposed rule change is consistent with the provisions
of the Act because by eliminating the use of paper corporate action
liability notices and requiring the use of a registered clearing
agency's automated service for corporate action liability notices where
available, the proposed rule change should help reduce the risks,
costs, and delays resulting from missing or inaccurate information
associated with paper corporate action liability notices.
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    \5\ 15 U.S.C. 78o-3(b)(6).
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    Accordingly, for the reasons stated above the Commission finds that
the rule change, is consistent with FINRA's obligation under Section
15A(b)(6) of the Act to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to perfect the mechanism of a free
and open market and a national market system, and, in general, to
protect investors and the public interest.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular with the requirements of Section 15a(b)(6) of the Act and
the rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-NASD-2007-035) be and hereby
is approved.

    For the Commission by the Division of Trading and Practices,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-25179 Filed 12-27-07; 8:45 am]

BILLING CODE 8011-01-P


38102 Federal Register / Vol. 67, No. 105 / Friday, May 31, 2002 / Notices Summary: No formal comment letter was sent to the preparing agency. ERP No. DS– NPS– J61102– 00 Rating EO2, Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway, Winter Use Plans, Updated and New Information on New Generation of Snowmobiles that Produce fewer Emissions and are Quieter, Fremont County, ID; Gallatin and Park Counties, MT and Park and Teton Counties, WY. Summary: EPA expressed environmental objections based on the potential adverse impacts from three action alternatives, 1b, 2 and 3 which could result in noncompliance with air quality standards and potential adverse impacts on human health.

Final EISs ERP No. F– AFS– B65009– NH Loon Mountain Ski Resort Development and Expansion Project, Implementation, Special Use Permit and NPDES Permit Issuance, White Mountain National Forest, Pemgewasset Ranger District, Grafton County, NH. Summary: EPA expressed environmental concerns about growth impacts and associated mitigation and made recommendations about hydrogeologic and air quality issues. ERP No. F– FHW– E40781– TN I– 40 Transportation Improvements from I– 75 to Cherry Street in Knoxville, Funding, NPDES and US Army COE Section 404 Permits Issuance, Knox County, TN. Summary: EPA continues to have environmental concerns regarding noise and cultural resources impacts. EPA supports the construction of noise barriers that were proposed but were not committed to be constructed.

Dated: May 28, 2002. Joseph C. Montgomery, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 02– 13691 Filed 5– 30– 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [OEI– 2002– 0001; FRL– 7181– 7]

EPA Dockets; EPA's New Electronic Public Docket and Comment System; Notice of Availability AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA is announcing the availability of a new electronic public docket and comment system designed to greatly expand access to EPA's public dockets, and facilitate the submission of public comments to EPA, providing an unprecedented level of online access to EPA's programs and rulemaking processes. Known as EPA Dockets, this online system will allow you to search the Agency's major public dockets online, view the index listing of the contents for the dockets included in the system, and access those materials that are available online. You will be able to submit your comments online when a particular public docket available in EPA Dockets is open for public comments, and you will be able to view public comments online for that docket. This new capability will be a valuable tool to support the Agency's regulatory process by enabling more efficient access to EPA's rulemaking development process, and will create a new means for the Agency to share other non rulemaking information for comment purposes. This capability will enable Agency rulemakers and decisionmakers to carry out their responsibilities more efficiently. It will greatly enhance the public's access to the materials used in EPA's decision making process, simplify electronic commenting, and access to the public comments in those public dockets available in EPA Dockets. This document provides a brief introduction to EPA Dockets, along with an overview of EPA's policies related to the implementation of the system. FOR FURTHER INFORMATION CONTACT: Shivani Desai, Information Strategies Branch, Collection Strategies Division (Mail Code 2822T), Office of Environmental Information (OEI), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 566– 1674; fax number: (202) 566– 1639; e mail address: desai. shivani@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background Electronic government is a core component of the President's Management Agenda with stated goals to: Make it easy for citizens to obtain service and interact with the federal government; improve government efficiency and effectiveness; and improve government's responsiveness to citizens. With those goals in mind, twenty four projects with the most potential to simplify and unify agency processes and information flows, provide one stop services to citizens and increase agency effectiveness were identified by the Office of Management and Budget (OMB) for implementation. One of those projects, On Line Rulemaking, will create an easy to use, government wide on line portal to find and comment on proposed rules. The project will ultimately improve quality, efficiency, and consistency in the federal rulemaking processes. EPA Dockets is consistent with the approach contained in the On Line Rulemaking project and can serve as an important building block for development. More information regarding the projects included in the President's Management Agenda for E gov can be obtained from the federal government's E Government Strategy on the OMB website at http:// www. whitehouse. gov/ omb/ inforeg/ egovstrategy. pdf. There are also several statutory mandates for federal agencies to provide electronic access to agency information. For example, the Government Paperwork Elimination Act (GPEA), Public Law 105– 277, Title XVII (1998), mandates that agencies give citizens the option to submit information and conduct transactions with the agency electronically, when practicable, by October 2003. The Electronic Freedom of Information Act (E FOIA), Amendments of 1996, 5 U. S. C. 552( a), require agencies to ensure the electronic availability of the agency created records that must be available for public inspection and copying, through on line access where possible, or by other electronic means, and that agencies provide an electronic copy of the information if readily reproducible electronically when requested in that format. Other mandates require agencies to consider revising their operations or procedures to maximize the use of today's electronic technology. EPA initiated the development of an electronic public docket system after a 1996 survey of docket customers revealed the desire of docket customers to have electronic access to docket materials and the ability to search across all of the EPA dockets for information. Initiated prior to the online rulemaking initiative included in the President's Management Agenda for E gov, and before the enactment of the electronic access mandates, today's announcement of the EPA Dockets demonstrates EPA's commitment to ensuring that the public has access to the information that is used to inform the Agency's decisions regarding potential risks to the environment and public health, and that the public has an opportunity to participate in the Agency's decision process. By providing online access to EPA's public dockets, and an online mechanism for the submission of public comments, EPA is advancing the EGovernment Strategy, as well as satisfying the mandate under GPEA.

VerDate May< 23> 2002 17: 37 May 30, 2002 Jkt 197001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 31MYN1. SGM pfrm15 PsN: 31MYN1 38103 Federal Register / Vol. 67, No. 105 / Friday, May 31, 2002 / Notices II. EPA's New Electronic Docket The following is a brief introduction to EPA Dockets, along with an overview of EPA's policies related to the implementation of the system.

A. What is a Docket?

The official docket serves as the repository for the collection of documents or information related to a particular agency action or activity. The official docket generally consists of the documents specifically referenced in the Federal Register document, any public comments received, and other information used by decision makers, or otherwise related to the Agency action or activity. Agencies most commonly use dockets for rulemaking actions, but dockets may also be used for various other non rulemaking activities, such as Federal Register documents seeking public comments on draft guidance, policy statements, information collection requests under the Paperwork Reduction Act, and other non rule activities. The public docket is the collection of materials in the official docket that is available for public inspection and copying. Although a part of the official docket for an action or activity, the public docket does not include Confidential Business Information (CBI) or other information whose public disclosure is restricted by statute. The Agency will continue to maintain the official docket in paper form at the EPA docket facilities established for the particular program or office, where the public docket will be made available for public inspection and copying. The public can continue to view the public dockets at the facility, as well as request a copy of the docket's index or a copy of a listed publicly available document( s).

B. What is EPA Dockets?

The EPA Dockets, known during the development and pilot stages as the Regulatory Public Access System (RPAS), is an online system that provides electronic access to EPA's public dockets. During the development of EPA Dockets, the system was initially intended to enhance public access to rulemaking information, so most of the public dockets that are currently available in EPA Dockets will be rulemaking dockets. However, since EPA Dockets provides an effective and efficient mechanism for the public to access electronic records and submit electronic comments, you will also notice that EPA Dockets provides electronic access to other nonrulemaking dockets. The type of docket (i. e., rulemaking docket or general docket) is clearly identified within the system. In addition, when the Agency issues a Federal Register document after today, it will specifically identify in that Federal Register document whether a docket has been established, and whether the public docket has been included in EPA Dockets, and it will identify the specific identification number assigned to that docket. 1. Which Dockets Facilities are Using EPA Dockets? EPA Dockets is being phased in across the Agency, starting with the following four Headquarter offices: The Office of Solid Waste and Emergency Response (OSWER), the Office of Air and Radiation (OAR), the Office of Water (OW), and the Office of Prevention, Pesticides, and Toxic Substances (OPPTS). Participation is expected to be expanded to include other EPA Headquarter offices, with the Office of Environmental Information (OEI), and the Office of Enforcement and Compliance Assurance (OECA) slated to implement the system for their dockets in the Fall of 2002. Since the Agency is phasing in the implementation of EPA Dockets, you will notice that not all Federal Register documents with a docket that publish after today will be included in EPA Dockets. For those offices that are already using EPA Dockets, this will occur because the docket related to that Federal Register document was already established prior to the implementation of EPA Dockets, and is therefore not available in EPA Dockets. Federal Register documents with a docket that are issued by EPA offices that have not yet implemented EPA Dockets will be included in EPA Dockets at a later date, when the system is implemented by their docket facility. In addition, EPA Dockets will provide online public access to several legacy public dockets, i. e., dockets that were originally created in paper, including dockets that were transferred to EPA Dockets from an existing electronic docket system, as well as dockets that were entered into EPA Dockets during the pilot and initial implementation stages. As of May 31, 2002, the following docket facilities will use EPA Dockets to establish the public docket, index the docket contents, and, to the extent feasible, provide the electronic version of publicly available docket materials: Air Docket; telephone number: (202) 260– 7549; e mail address: a and rDocket epa. gov Pesticides Docket; telephone number: (703) 305– 5805; e mail address: oppdocket epa. gov RCRA Docket; telephone number: (703) 603– 9230; e mail address: rcradocket epa. gov Superfund Docket; telephone number: (703) 603– 9232; e mail address: superfunddocket@ epa. gov Toxics Docket; telephone number: (202) 260– 7099; e mail address: oppt ncic@ epamail. epa. gov UST Docket; telephone number: (703) 603– 9230; e mail address: rcradocket epa. gov Water Docket; telephone number: (202) 260– 3027; e mail address: OWDocket epa. gov The following docket facilities are preparing to implement EPA Dockets later this year: OEI Docket; telephone number: (202) 566– 1677. OECA Docket; telephone number: (202) 564– 2614; e mail address: oeca. docket@ epa. gov EPA will consolidate all the Headquarter paper docket facilities into a `` Combined Docket Facility'' in August of 2002. This new facility will continue to be located in Washington, DC, and will provide state of the art technology, security, and comfort to and for the public docket user community. Prior to the opening of the `` Combined Docket Facility, '' EPA will publish a notice in the Federal Register announcing the facility's contact information. This information will also be posted on the EPA website at http:// www. epa. gov/ epahome/ dockets. htm. If you have questions about a particular docket, please contact the appropriate docket facility directly. 2. What Docket Materials will be Accessible Through EPA Dockets? The content of EPA Dockets will generally mirror that of the public docket, with a few exceptions. Since the public docket does not include CBI or other information whose public disclosure is restricted by statute, the EPA Dockets will not include any of this information. Although included in the paper public docket, EPA has determined that the following material will not be included in EPA Dockets:   Material subject to copyright protection.   Audio and video materials.   Oversized printed materials (e. g., greater than 11 x 14 ).   Other physical, three dimensional items. In addition, since the paper docket currently remains the official docket, EPA Dockets may not contain electronic copies of all of the materials that are available in the paper public docket. For example, if EPA only has access to a paper copy of a document that is included in the official docket, EPA VerDate May< 23> 2002 17: 37 May 30, 2002 Jkt 197001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 31MYN1. SGM pfrm15 PsN: 31MYN1 38104 Federal Register / Vol. 67, No. 105 / Friday, May 31, 2002 / Notices intends to scan and create an electronic copy of that document so that it can also be accessed in EPA Dockets. At times, however, the Agency may not be able to complete this conversion for all of the materials in the paper public docket. Eventually, however, EPA intends to provide electronic access to all of the publicly available docket materials through EPA Dockets, and will be working to designate EPA Dockets as the official public docket. With regard to public comments, EPA will continue to place all public comments in the public docket as EPA receives them and without change. For those comments that contain CBI, or other information whose disclosure is restricted by statute, EPA will continue to ask the commenter to provide a nonCBI version of the comment for inclusion in the public docket. For EPA Dockets, EPA's policy is that public comments will be made available for public viewing in EPA Dockets, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA Dockets. The entire printed comment, including the copyrighted material, will be available in the paper public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA Dockets. Public comments that are mailed or delivered in paper form to the docket facility will be scanned and placed in EPA Dockets. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA Dockets. Although not all docket materials may be available electronically, you may still access paper copies of any of the publicly available docket materials through the docket facility identified in the Federal Register document. 3. How Can I Access and Use EPA Dockets? You may access EPA Dockets on the Internet at http:// www. epa. gov/ edocket. You may use EPA Dockets to access available public docket materials online, as well as submit electronic comments to EPA during the open comment period for a particular docket available in EPA Dockets. To search for an available public docket or to search for a particular docket material, the system provides two basic methods of searching to retrieve dockets and docket materials that are available in the system: `` Quick Search'' to search using a full text search engine, or through an `` Advanced Search, '' which displays various indexed fields such as the docket name, docket identification number, phase of the action, initiating office, date of issuance, document title, document identification number, type of document, Federal Register reference, CFR citation, etc. Each data field in the advanced search may be searched independently or in combination with other fields, as desired. Each search yields a simultaneous display of all available information found in EPA Dockets that is relevant to the requested subject or topic. You may also use EPA Dockets to submit your comments online when a particular docket available in EPA Dockets is open for public comments. The Federal Register document will identify whether a docket has been established in EPA Dockets, and will provide detailed instructions identifying the various methods that can be used to submit public comments to EPA. If the docket for the Federal Register document was established prior to May 31, 2002, it may not identify EPA Dockets as an available method for submitting electronic comments on that Federal Register document. In such cases, if you do not find that public docket in EPA Dockets, you will not be able to use EPA Dockets to submit electronic comments to that particular docket, and you will need to follow the instructions in that Federal Register document for submitting your comments to EPA. If that public docket is nonetheless available in the system, EPA encourages you to use the system to submit your electronic comments. If the Federal Register document does not discuss EPA Dockets, only those comments submitted through EPA Dockets will be available in their entirety for online viewing in EPA Dockets. Your use of EPA Dockets to submit comments to EPA electronically is EPA's preferred method for receiving comments. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment to ensure that you can be identified as the submitter of the comment, and it allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. You should continue to ensure that your comments are submitted within the specified open comment period. Comments received after the close of the comment period will be marked `` late. '' EPA is not required to consider these late comments in formulating a final decision.

III. Additional Information Additional details about EPA Dockets, as well as detailed instructions and assistance for using the system, is available online. Be sure to use the feedback function to let us know about your experiences using the system. We will use that feedback to help us identify potential improvements that would better service your needs. You may also contact the person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects Environmental protection, Docket, Electronic, Public comment, Records.

Dated: May 22, 2002. Mark A. Luttner, Director of Information Collection, Office of Environmental Information.

[FR Doc. 02– 13521 Filed 5– 30– 02; 8: 45 am]

BILLING CODE 6560– 50– S ENVIRONMENTAL PROTECTION AGENCY [OPP– 2002– 0083; FRL– 7180– 7]

FIFRA Scientific Advisory Panel; Notice of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

SUMMARY: There will be a 3– day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Food Quality Protection Act (FQPA) Scientific Advisory Panel (FIFRA SAP) to consider and review two topics. The first topic is to update the FIFRA SAP VerDate May< 23> 2002 17: 37 May 30, 2002 Jkt 197001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 31MYN1. SGM pfrm15 PsN: 31MYN1