[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Page 53510]
[FR Doc No: 2015-21986]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14681-000]

Peterson Machinery Sales; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 3, 2015, Peterson Machinery Sales filed an application for
a preliminary permit under section 4(f) of the Federal Power Act
proposing to study the feasibility of the proposed Boardman River
Hydro-Electric Project No. 14681-000, to be located on the Boardman
River near Traverse City, Grand Traverse County, Michigan. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project consists of the Boardman Dam Development
located at River Mile 6.1 and the Sabin Dam Development located at
River Mile 5.3. The Boardman Dam Development would consist of: (1) A
103-acre Boardman Pond; (2) a 650-foot-long west earth-filled abutment,
a 20-foot-wide emergency spillway, a 40-foot-long intake structure
containing twin 10-foot-diameter by 73-foot-long steel penstocks
leading to the powerhouse, and an approximately 150-foot-long earth-
filled east abutment; (3) a 70-foot-long, 20-foot-wide reinforced
concrete powerhouse containing a 1,000 kilowatt turbine-generator; and
(4) appurtenant facilities.
    The Sabin Dam Development would consist of: (1) A 40-acre Sabin
Pond; (2) a 60-foot-long earth west embankment, a 70-foot-long by 20-
foot-wide reinforced concrete powerhouse integral with the dam
containing a 500 kilowatt turbine-generator, a 52-foot-long
intermediate earth embankment, a 32-foot-long stop wide spillway
section, an 18-foot wide tainter gate spillway section, and a 330-foot-
long earth east embankment; and (3) appurtenant facilities. The project
would generate an estimated 7,600 megawatt hours annually.
    Applicant Contact: Charles R. Peterson, 9627 Seth Road, Northport,
MI 49670; phone:<PHONE_NUMBER>.
    FERC Contact: Sergiu Serban,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. The Commission strongly encourages electronic filing.
Please file comments, motions to intervene, notices of intent, and
competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14681-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14681) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: August 28, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-21986 Filed 9-3-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64049-64051]
[FR Doc No: 2013-25105]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2013-0002 (Notice No. 13-14)]

Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on certain information collections pertaining to
hazardous materials transportation for which PHMSA intends to request
renewal from the Office of Management and Budget (OMB).

DATES: Interested persons are invited to submit comments on or before
December 24, 2013.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2010-0223) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number or Regulation Identification Number (RIN) for this
notice. Internet users may access comments received by DOT at: http://www.regulations.gov. Note that comments received will be posted without
change to: http://

www.regulations.gov including any personal information provided.
    Requests for a copy of an information collection should be directed
to Steven Andrews or T. Glenn Foster, Standards and Rulemaking Division
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-
0001, Telephone<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster,
Standards and Rulemaking Division (PHH-12), Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE., East
Building, 2nd Floor, Washington, DC 20590-0001, Telephone (202) 366-
8553.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), Title 5, Code of Federal
Regulations requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to OMB
for renewal and extension. These information collections are contained
in 49 CFR 171.6 of the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180). PHMSA has revised burden estimates, where appropriate,
to reflect current reporting levels or adjustments based on changes in
proposed or final rules published since the information collections
were last approved. The following information is provided for each
information collection: (1) Title of the information collection,
including former title if a change is being made; (2) OMB control
number; (3) summary of the information collection activity; (4)
description of affected public; (5) estimate of total annual reporting
and recordkeeping burden; and (6) frequency of collection. PHMSA will
request a three-year term of approval for each information collection
activity and, when approved by OMB, publish a notice of the approval in
the Federal Register.
    PHMSA requests comments on the following information collections:
    Title: Inspection and Testing of Portable Tanks and Intermediate
Bulk Containers
    OMB Control Number: 2137-0018.
    Summary: This information collection consolidates provisions for
documenting qualifications, inspections, tests, and approvals
pertaining to the manufacture and use of portable tanks and
intermediate bulk containers under various provisions of the HMR. It is
necessary to ascertain whether portable tanks and intermediate bulk
containers have been qualified, inspected, and retested in accordance
with the HMR. The information is used to verify that certain portable
tanks and intermediate bulk containers meet required performance
standards prior to their being authorized for use, and to document
periodic requalification and testing to ensure the packagings have not
deteriorated due to age or physical abuse to a degree that would render
them unsafe for the transportation of hazardous materials.
    Affected Public: Manufacturers and owners of portable tanks and
intermediate bulk containers.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 8,770.
    Total Annual Responses: 86,100.
    Total Annual Burden Hours: 66,390.
    Frequency of collection: On occasion.

    Title: Rulemaking and Special Permit Petitions.
    OMB Control Number: 2137-0051.
    Summary: This collection of information applies to rulemaking
procedures regarding the HMR. Specific areas covered in this
information collection include Part 105, Subpart A and Subpart B,
``Hazardous Materials Program Definitions and General Procedures'';
Part 106, Subpart B, ``Participating in the Rulemaking Process''; Part
107, Subpart B, ``Special Permits''; and Part 107, Subpart C,
``Preemption.'' The Federal hazardous materials transportation law
directs the Secretary of Transportation to prescribe regulations for
the safe transportation of hazardous materials in commerce. We are
authorized to accept petitions for rulemaking and appeals, as well as
applications for special permits, preemption determinations, and
waivers of preemption. The types of information collected include:
    (1) Petitions for Rulemaking: Any person may petition the Office of
Hazardous Materials Safety to add, amend, or delete a regulation in
Parts 110, 130, 171 through 180, or may petition the Office of Chief
Counsel to add, amend, or delete a regulation in Parts 105, 106 or 107.
    (2) Appeals: Except as provided in Sec.  106.40(e), any person may
submit an appeal to our actions in accordance with the Appeals
procedures found in Sec. Sec.  106.110 through 106.130.
    (3) Application for Special Permit: Any person applying for a
special permit must include the citation of the specific regulation
from which the applicant seeks relief; specification of the proposed
mode or modes of transportation; detailed description of the proposed
special permit (e.g., alternative packaging, test, procedure or
activity), including as appropriate, written descriptions, drawings,
flow charts, plans and other supporting documents, etc.
    (4) Application for Preemption Determination: With the exception of
highway routing matters covered under 49 U.S.C. 5125(c), any person
directly affected by any requirement of a State, political subdivision,
or Indian tribe may apply to the Chief Counsel for a determination
whether that requirement is preempted by Sec.  107.202(a), (b) or (c).
The application must include the text of the State or political
subdivision or Indian tribe requirement for which the determination is
sought; specify each requirement of the Federal hazardous materials
transportation law, regulations issued under the Federal hazardous
material transportation law, or hazardous material transportation
security regulations or directives issued by the Secretary of Homeland
Security with which the applicant seeks the State or political
subdivision or Indian tribe requirement to be compared; explain why the
applicant believes the State or political subdivision or Indian tribe
requirement should or should not be preempted under the standards of
Sec.  107.202; and state how the applicant is affected by the State or
political subdivision or Indian tribe requirement.
    (5) Waivers of Preemption: With the exception of requirements
preempted under 49 U.S.C. 5125(c), any person may apply to the Chief
Counsel for a waiver of preemption with respect to any requirement
that: (1) The State or political subdivision thereof or Indian tribe
acknowledges to be preempted under the Federal hazardous materials
transportation law, or (2) that has been determined by a court of
competent jurisdiction to be so preempted. The Chief Counsel may waive
preemption with respect to such requirement upon a determination that
such requirement affords an equal or greater level of protection to the
public than is afforded by the requirements of the Federal hazardous
materials transportation law or the regulations issued thereunder, and
does not unreasonably burden commerce.
    The information collected under these application procedures is
used in the review process by PHMSA in determining the merits of the
petitions for rulemakings and for reconsideration of rulemakings, as
well as applications for special permits, preemption determinations,
and waivers of preemption to the HMR. The procedures governing these
petitions for rulemaking and for reconsideration of rulemakings

are covered in Subpart B of Part 106. Applications for special permits,
preemption determinations, and waivers of preemption are covered under
Subparts B and C of Part 107. Rulemaking procedures enable PHMSA to
determine if a rule change is necessary, is consistent with public
interest, and maintains a level of safety equal to or superior to that
of current regulations. Special permit procedures provide the
information required for analytical purposes to determine if the
requested relief provides for a comparable level of safety as provided
by the HMR. Preemption procedures provide information for PHMSA to
determine whether a requirement of a State, political subdivision, or
Indian tribe is preempted under 49 U.S.C. 5125, or regulations issued
thereunder, or whether a waiver of preemption should be issued.
    Affected Public: Shippers, carriers, packaging manufacturers, and
other affected entities.
Annual Reporting and Recordkeeping Burden:

Number of Respondents: 3,304
Total Annual Responses: 4,294
Total Annual Burden Hours: 4,899
Frequency of Collection: On occasion

    Title: Radioactive (RAM) Transportation Requirements.
    OMB Control Number: 2137-0510.
    Summary: This information collection consolidates and describes the
information collection provisions in the HMR involving the
transportation of radioactive materials in commerce. Information
collection requirements for RAM include: Shipper notification to
consignees of the dates of shipment of RAM; expected arrival; special
loading/unloading instructions; verification that shippers using
foreign-made packages hold a foreign competent authority certificate
and verification that the terms of the certificate are being followed
for RAM shipments being made into this country; and specific handling
instructions from shippers to carriers for fissile RAM, bulk shipments
of low specific activity RAM, and packages of RAM which emit high
levels of external radiation. These information collection requirements
help to establish that proper packages are used for the type of
radioactive material being transported; external radiation levels do
not exceed prescribed limits; and packages are handled appropriately
and delivered in a timely manner, so as to ensure the safety of the
general public, transport workers, and emergency responders.
    Affected Public: Shippers and carriers of radioactive materials in
commerce.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 3,817
Total Annual Responses: 21,519
Total Annual Burden Hours: 15,270
Frequency of Collection: On occasion

    Title: Hazardous Materials Public Sector Training and Planning
Grants.
    OMB Control Number: 2137-0586.
    Summary: Part 110 of 49 CFR sets forth the procedures for
reimbursable grants for public sector planning and training in support
of the emergency planning and training efforts of States, Indian
tribes, and local communities to manage hazardous materials
emergencies, particularly those involving transportation. Sections in
this part address information collection and recordkeeping with regard
to applying for grants, monitoring expenditures, and reporting and
requesting modifications.
    Affected Public: State and local governments, Indian tribes.
Annual Reporting and Recordkeeping Burden:

Annual Respondents: 68
Annual Responses: 68
Annual Burden Hours: 5,290
Frequency of Collection: On occasion

    Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas
Service.
    OMB Control Number: 2137-0595.
    Summary: These information collection and recordkeeping
requirements pertain to the manufacture, certification, inspection,
repair, maintenance, and operation of certain Department of
Transportation (DOT) specification and non-specification cargo tank
motor vehicles used to transport liquefied compressed gases. These
requirements are intended to ensure cargo tank motor vehicles used to
transport liquefied compressed gases are operated safely, and to
minimize the potential for catastrophic releases during unloading and
loading operations. They include: (1) Requirements for operators of
cargo tank motor vehicles in liquefied compressed gas service to
develop operating procedures applicable to unloading operations and
carry the operating procedures on each vehicle; (2) inspection,
maintenance, marking, and testing requirements for the cargo tank
discharge system, including delivery hose assemblies; and (3)
requirements for emergency discharge control equipment on certain cargo
tank motor vehicles transporting liquefied compressed gases that must
be installed and certified by a Registered Inspector.
    Affected Public: Carriers in liquefied compressed gas service,
manufacturers and repairers.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 6,958
Total Annual Responses: 920,538
Total Annual Burden Hours: 200,914
Frequency of Collection: On occasion

    Dated: October 21, 2013.
Charles E. Betts,
Director, Standards and Rulemaking Division.
[FR Doc. 2013-25105 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6857-6858]
[FR Doc No: 2022-02501]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    1. CP16-9-011, CP16-9-012.....       1-20-2022  FERC Staff.\1\
    2. CP16-9-011, CP16-9-012,           1-20-2022  FERC Staff.\2\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    3. CP16-9-011, CP16-9-012.....       1-20-2022  FERC Staff.\3\
    4. CP16-9-011, CP16-9-012,           1-20-2022  FERC Staff.\4\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    5. CP16-9-011, CP16-9-012,           1-20-2022  FERC Staff.\5\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    6. CP16-9-011, CP16-9-012,           1-20-2022  FERC Staff.\6\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    7. CP16-9-011, CP16-9-012.....       1-20-2022  FERC Staff.\7\
    8. CP16-9-011, CP16-9-012.....       1-20-2022  FERC Staff.\8\
    9. CP16-9-011, CP16-9-012.....       1-21-2022  FERC Staff.\9\
    10. CP16-9-011, CP16-9-012....       1-21-2022  FERC Staff.\10\
    11. CP16-9-011, CP16-9-012,          1-21-2022  FERC Staff.\11\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    12. CP16-9-011, CP16-9-012,          1-26-2022  FERC Staff.\12\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    13. CP16-9-011, CP16-9-012....       1-26-2022  FERC Staff.\13\
    14. CP16-9-011, CP16-9-012....       1-26-2022  FERC Staff.\14\
    15. CP22-17-000...............       1-27-2022  Molly Smith.
    16. CP16-9-011, CP16-9-012,          1-27-2022  FERC Staff.\15\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    17. CP16-9-011, CP16-9-012,          1-27-2022  FERC Staff.\16\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
    18. CP16-9-011, CP16-9-012....       1-27-2022  FERC Staff.\17\

    19. CP16-9-011, CP16-9-012....       1-27-2022  FERC Staff.\18\
    20. CP16-9-011, CP16-9-012,          1-27-2022  FERC Staff.\19\
     RP21-1001-000, RP21-1001-001,
     CP18-46-004, CP15-490-002.
Exempt:
    CP16-9-000, CP16-9-012........       1-27-2022  U.S. Representative
                                                     Stephen F. Lynch.
------------------------------------------------------------------------
\1\ Emailed comments dated 1/19/2022 from Mary Brady and 2 other
  individuals.
\2\ Emailed comments dated 1/19/2022 from Ashley Sells and 3 other
  individuals.
\3\ Emailed comments dated 1/19/2022 from Marian Glasgow and 4 other
  individuals.
\4\ Emailed comments dated 1/19/2022 from Stephanie Ulmer.
\5\ Emailed comments dated 1/19/2022 from Stephanie Ulmer and 7 other
  individuals.
\6\ Emailed comments dated 1/19/2022 from Miriam Kurland and 10 other
  individuals.
\7\ Emailed comments dated 1/19/2022 from Linda Haley and 4 other
  individuals.
\8\ Emailed comments dated 1/19/2022 from Leann Canty and 1 other
  individual.
\9\ Emailed comments dated 1/20/2022 from Carolyn Shadid Lewis.
\10\ Emailed comments dated 1/20/2022 from Virginia Marcotte.
\11\ Emailed comments dated 1/20/2022 from Blaze Bhence.
\12\ Emailed comments dated 1/19/2022 from Lois Markham and 9 other
  individuals.
\13\ Emailed comments dated 1/19/2022 from Mary Brady and 8 other
  individuals.
\14\ Emailed comments dated 1/19/2022 from Jeanette Fariborz.
\15\ Emailed comments dated 1/20/2022 from Cory Alperstein.
\16\ Emailed comments dated 1/19/2022 from Stephanie Ulmer.
\17\ Emailed comments dated 1/19/2022 from Jeanette Fairborz.
\18\ Emailed comments dated 1/19/2022 from Judith Brorschek and 7 other
  individuals.
\19\ Emailed comments dated 1/19/2022 from Aaron Rubin and 18 other
  individuals.

    Dated: February 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02501 Filed 2-4-22; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:BELL GLENN, BERYLLIUM VICTIMS ALLIANCE; BELL GLENN, BERYLLIUM VICTIMS ALLIANCE


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63247-63250]
[DOCID:fr30oc06-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-LA-0003; FRL-8234-8]

Approval and Promulgation of Implementation Plans; Louisiana;
Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revision submitted by the State of Louisiana
on May 13, 2005. This revision serves to incorporate recent changes to
the Federal conformity rule into the State conformity SIP. We are
approving this SIP revision in accordance with section 176 and part D
of the Clean Air Act.

DATES: This rule is effective on December 29, 2006 without further
notice, unless EPA receives relevant adverse comment by November 29,
2006. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-LA-0003, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/

r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air''
before submitting comments.
     E-mail: Mr. Thomas Diggs at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning
Section (6PD-L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Dockt ID No. EPA-R06-OAR-
2005-LA-0003. EPA's policy is that all comments received will be
included in the public file without change and may be made available
online at http://docket.epa.gov/rmepub/, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which 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'' systems, 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 and any form of encryption, and should be
free of any defects or viruses.
    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, i.e., 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 Air Planning Section

(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15-cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Louisiana Department of Environmental Quality, Office of
Environmental Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana
70802.

FOR FURTHER INFORMATION CONTACT: Peggy Wade, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did We Evaluate It?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    On May 13, 2005, the Louisiana Department of Environmental Quality
(LDEQ) submitted revisions to its SIP addressing changes to the
transportation conformity rule [Louisiana Administrative Code (LAC)
33:III.1432] which were adopted by the State on March 20, 2005. This
submission incorporates recent changes in the Federal transportation
conformity rule into the Louisiana conformity SIP. They are described
in detail below. EPA is approving these revisions to the Louisiana
conformity SIP.

II. What Is the Background for This Action?

    The Federal Clean Air Act Amendments of 1990 (CAA) required each
State to submit a revision to its SIP by November 25, 1994,
establishing enforceable criteria and procedures for making conformity
determinations for metropolitan transportation plans (MTP),
transportation improvement programs (TIP), and projects funded by the
Federal Highway Administration (FHWA) or the Federal Transit
Administration (FTA). The conformity rule assures that in air quality
nonattainment or maintenance areas, projected emissions from
transportation plans and programs stay within the motor vehicle
emissions ceiling in the applicable attainment demonstration or
maintenance SIP. The transportation conformity SIP enables the State to
implement and enforce the Federal transportation conformity
requirements at the State level per 40 CFR part 51 subpart T and 40 CFR
part 93 subpart A.
    EPA published final rules regarding conformity requirements on
November 24, 1993 (58 FR 62188). Since then, EPA has made several
amendments to the transportation conformity rules: August 7, 1995 (60
FR 40098), November 14, 1995 (60 FR 57179), August 15, 1997 (62 FR
43780), April 10, 2000 (65 FR 18911), August 6, 2002 (67 FR 50808), and
July 1, 2004 (69 FR 40004). A minor correction to the July 1, 2004,
rulemaking was published on July 20, 2004 (69 FR 43325). The State of
Louisiana submitted an initial conformity SIP to EPA on November 23,
1994. This SIP was withdrawn, revised and re-submitted to EPA in
October of 1998. We approved this SIP on December 29, 1999 (64 FR
72934), thus addressing the Federal rule amendments promulgated up to
and including 1997, with the exception of certain provisions of the
Federal rule that were deemed unlawful by the U.S. Court of Appeals for
the District of Columbia Circuit (Environmental Defense Fund v. EPA, et
al., 167 F. 3d 641, DC Cir. 1999). These exceptions are addressed in
the current SIP submission and are explained below. With the current
revisions submitted by LDEQ, the State is aligning its rule to the
Federal conformity rule for all amendments up to and including those
promulgated on July 20, 2004.
    Specifically, these revisions address the March 2, 1999, ruling,
mentioned

above, by the United States Court of Appeals for the District of
Columbia. The court's ruling affected provisions of the rule pertaining
to the funding of MTPs and TIPs; use of motor vehicle emissions budgets
(MVEB) prior to SIP approval; Federal transportation projects in areas
without a conforming MTP and TIP; timing of conformity consequences
following an EPA SIP disapproval; and use of submitted safety margins
in areas with approved SIPs submitted prior to November 24, 1993.
    More recent changes to the rule are inclusion of criteria and
procedures for implementing conformity in accordance with the new
National Ambient Air Quality Standards (NAAQS) addressing eight-hour
ozone and particulate matter with an aerodynamic diameter less than or
equal to 2.5 micrometers (PM2.5). Changes relating to the
implementation of these new standards are summarized below.
    Changes to 40 CFR 93.101 add new definitions for one-hour ozone
NAAQS; eight-hour ozone NAAQS; donut areas; isolated rural
nonattainment and maintenance areas; and limited maintenance plans.
Other Federal changes in the rule include provision of a one-year grace
period before conformity is required in newly designated nonattainment
areas and the addition of PM2.5 to the list of criteria
pollutants (40 CFR 93.102). Changes to 40 CFR 93.104 were made to amend
the point by which a conformity determination must be made following a
State's submission of a control strategy SIP or maintenance SIP for the
first time. This new provision requires conformity to be determined
within 18 months of EPA's affirmative finding that the SIP's MVEBs are
adequate. Changes to the grace period for transportation plan
requirements in certain ozone and carbon monoxide nonattainment areas
are made in 40 CFR 93.106. 40 CFR 93.109 has been changed to include
the applicability of conformity for one-hour ozone nonattainment or
maintenance areas until EPA revokes the one-hour ozone NAAQS and
additional language related to conformity requirements for the new
NAAQS for eight-hour ozone and PM2.5. Changes to 40 CFR
93.110 clarify that conformity determinations must be based on the
latest planning assumptions in place at the time a conformity analysis
begins, rather than at the time of Department of Transportation's
conformity finding. Some changes to the methodology of hot-spot
analyses were made at 40 CFR 93.116. The rule revisions also made
several changes with respect to the MVEB at 40 CFR 93.118 where the
adequacy process is discussed. Changes to 40 CFR 93.119 concern use of
interim emissions tests in areas without adequate or approved MVEBs. In
40 CFR 93.120, the 120-day grace period previously allowed prior to a
conformity freeze has been deleted so that a freeze will occur
immediately upon the effective date of a SIP disapproval. EPA amended
the rule at 40 CFR 93.121 so that regionally significant, non-Federal
projects may no longer advance during a conformity lapse unless they
have received all necessary State and local approvals prior to the
lapse. EPA also made minor revisions to 40 CFR 93.117 and 40 CFR
93.124-93.126. For a comprehensive guide to all changes in the Federal
rule, please see the reference document at http://www.epa.gov/otaq/transp/conform/420b04013.pdf
 or the transportation conformity final

rule at 69 FR 40004.

III. What Did the State Submit and How Did We Evaluate It?

    With this SIP submission, the State is incorporating by reference
the changes made to the Federal conformity rule up to and including the
final rule issued on July 1, 2004 (69 FR 40004), as corrected on July
20, 2004 (69 FR 43325), with the exception of the requirements of 40
CFR 93.105. The Federal requirements in 40 CFR 93.105 are addressed in
the State rule at LAC 33:III.1434 and are not being changed with this
revision.

IV. Final Action

    EPA is approving the revisions to the Louisiana conformity SIP and
corresponding amendments to LAC 33:III.14.B, Conformity to State or
Federal Implementation Plans of Transportation Plans, Programs, and
Projects Developed, Funded or Approved under Title 23 U.S.C or the
Federal Transit Act. The EPA is publishing this rule without prior
proposal because we view this as a noncontroversial amendment and
anticipate no adverse comments. However, in the proposed rules section
of this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the SIP revisions
if relevant adverse comments are received. The rule will be effective
on December 29, 2006 without further notice unless we receive adverse
comment by November 29, 2006. If we receive adverse comment we will
publish a timely withdrawal in the Federal Register informing the
public this rule will not take effect. We will address public comments
in a subsequent final rule based on the proposed rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of adverse comment.

V. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.'' This rule is not a ``significant energy action''
as defined in Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. This
action merely approves State law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
    This rule also is not subject to Executive Order 13045 ``Protection
of

Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). EPA interprets Executive Order 13045 as
applying only to those regulatory actions that are based on health or
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 Executive Order 13045 because it approves a State
program.
    In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a SIP submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a SIP submission, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. 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 December 29, 2006. 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 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: October 5, 2006.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 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 T--Louisiana

0
2. In Sec.  52.970, the table in paragraph (c) entitled ``EPA approved
Louisiana regulations in the Louisiana SIP'' under Chapter 14--
Conformity, Subchapter B, section 1432 is revised to read as follows:

Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                      State approval
         State citation            Title/subject           date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                              Chapter 14 Conformity
    Subchapter B--Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and
            Projects Developed, Funded, or Approved under Title 23 U.S.C. or the Federal Transit Act
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 1432...................  Incorporation by   March 20, 2005,    October 30, 2006
                                  Reference.         LR31:640.          [Insert FR page
                                                                        number where
                                                                        document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E6-18050 Filed 10-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Rules and Regulations]
[Page 5749-5751]
[DOCID:fr31ja08-12]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0169]
RIN 1625-AA00

Safety Zone: Trent River Between New Bern and James City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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

SUMMARY: The Coast Guard will reinstate a safety zone on the waters of
the Trent River between New Bern and James City, North Carolina in the
vicinity of the U.S. Route 70 Highway Swing Bridge. This safety zone is
necessary to provide for safety of life on navigable waters during the
movement of bridge construction equipment from the southern end of the
bridge construction project to the northern end of the project.

DATES: This rule is effective from January 25, 2008 through February
28, 2008.

ADDRESSEs: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2007-0169 and are available online
at www.regulations.gov. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commander Jennifer Williams,
Prevention Department Head, United States Coast Guard Sector North
Carolina at<PHONE_NUMBER> or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The publishing of an NPRM
would be impracticable and contrary to public interest since immediate
action is needed to protect the maritime public from the hazards
associated with this maintenance project. The necessary information to
determine whether the construction poses a threat to persons and
vessels was not provided with sufficient time to publish an NPRM. For
the safety concerns noted, it is in the public interest to have this
regulation in effect during the construction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.

Background and Purpose

    Originally, Balfour Beatty Infrastructure, Inc. planned to relocate
construction equipment on Tuesdays, Wednesdays and Thursdays from 10
a.m. to 2 p.m. from January 8, 2008 through January 24, 2008. Balfour
has since determined that they need another month to complete the
project. For this reason, the Coast Guard is reinstating this
regulation through February 28, 2008. The construction will take place
in the vicinity of the U.S. Route 70 Highway Swing Bridge from James
City, NC to New Bern, NC. To provide for the safety of the public, the
Coast Guard

will temporarily restrict access to this section of the Trent River
during equipment relocation.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will
extend from the Norfolk Southern Railroad Bridge and Union Point New
Bern, NC to the U.S. Route 17 Highway Bridge at James City, NC. This
zone will require mariners to avoid entry into the area. Entry into the
zone will not be permitted except as specifically authorized by the
Captain of the Port or his designated representative. The contractor
originally underestimated the amount of time it would take to complete
the project. This is why a reinstatement of the regulation through
February 28, 2008 is necessary.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary.
    Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because: (i) the
safety zone will be in effect for a limited duration of time and (ii)
the Coast Guard will make notifications via maritime advisories so
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary final rule would have a significant
economic impact on a substantial number of small entities. 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 temporary
final rule will not have a significant economic impact on a substantial
number of small entities. Although the regulated area will apply to
waters of the Trent River, the zone will not have a significant impact
on small entities because the zone will only be in place for a limited
duration of time and maritime advisories will be issued in advance to
allow the public to adjust their plans accordingly.

Assistance for Small Entities

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this temporary
final rule under that Order and have determined that it does not have
implications for federalism.

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 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This temporary final rule will not effect a taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This 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, or 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34) (g), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34) (g), of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

Regulation

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1

0
2. A temporary Sec.  165.T05-901 is added to read as follows: Sec.
165.T05-901 Safety Zone: Trent River between New Bern and James City,
North Carolina.
    (a) Regulated area: The following area is a safety zone: waters of
the Trent River, from the Norfolk Southern Railroad Bridge and Union
Point New Bern, NC to the U.S. Route 17 Highway Bridge at James City,
NC, latitude 35[deg]06[min] N, longitude 77[deg]02[min] W. All
coordinates reference Datum NAD 1983.
    (b) Definitions: Captain of the Port Representative any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or a Captain of the Port
Representative. All vessel movement within the safety zone is
prohibited except as specifically authorized by the Captain of the Port
or a Captain of the Port Representative. The general requirements of
Sec.  165.23 also apply to this regulation.
    (2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or his Representative, unless the Captain of the
Port previously announced via Marine Safety Radio Broadcast on VHF
Marine Band Radio channel 22 (157.1 MHz) that this regulation will not
be enforced in that portion of the safety zone. The Captain of the Port
can be contacted at telephone number<PHONE_NUMBER> or<PHONE_NUMBER>,
or by radio on VHF Marine Band Radio, channels 13 and 16.
    (d) The Captain of the Port will notify the public of changes in
the status of this zone by Marine Safety Radio Broadcast on VHF Marine
Band Radio, Channel 22 (157.1 MHz).
    (e) Enforcement period: This rule is effective from 10:00 a.m. to
2:00 p.m. each Tuesday, Wednesday, and Thursday from January 25, 2008
through February 28, 2008.

    Dated: January 23, 2008.
J.E. Ryan,
Commander, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. 08-448 Filed 1-29-08; 9:57 am]

BILLING CODE 4910-15-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Wednesday, September 7, 2022 8:16 PM
To:
Brenna M Harden<EMAIL_ADDRESS>Marion M Krchmar<EMAIL_ADDRESS>Fadi K Mourad<EMAIL_ADDRESS>Robert B Sanch<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Andrea E Hayden<EMAIL_ADDRESS>Todd A Richards<EMAIL_ADDRESS>'Knight, Jeffrey A.'<EMAIL_ADDRESS>Robert H Carlin<EMAIL_ADDRESS>rkalinowsky.sidockgroup.com<EMAIL_ADDRESS>Tim Rodak<EMAIL_ADDRESS>Cc:
'GABRIELLE RAYMOND'<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Subject:
[EXTERNAL] RE: Coke Oven Section 114 ICR Enclosure 2 - Fugitive Monitoring Plan, Test Plan and QAPP

Ms. Harden, et al.: We have reviewed your recent explanation of the problems with monitor #1 siting and decided you can keep your downwind #1 monitor position as originally planned. We thank you for providing the detailed explanation.

Thank you again for your efforts on the Coke RTR 114 request.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Jones, DonnaLee
Sent: Tuesday, September 6, 2022 2:28 PM
To: Brenna M Harden<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Marion M Krchmar<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Fadi K Mourad<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert B Sanch<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Laura J Harris<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Andrea E Hayden<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Todd A Richards<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Knight, Jeffrey A<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert H Carlin<EMAIL_ADDRESS><EMAIL_ADDRESS>>; rkalinowsky.sidockgroup.com<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Tim Rodak<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Mcginn, Kevin<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Shappley, Ned<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Subject: RE: Coke Oven Section 114 ICR Enclosure 2 - Fugitive Monitoring Plan, Test Plan and QAPP

Thanks for the follow-up. We, at EPA, will need to meet to discuss and get back to you either by mail or with a meeting to discuss with you and your colleagues. Since a revised QAPP was only needed to address this one issue, you can consider only that part of the QAPP on hold and proceed with the other items in your test planning while we discuss this one issue.

Let me know by email if you have any questions on this plan of action.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Brenna M Harden<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Sent: Friday, September 2, 2022 2:48 PM
To: Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Marion M Krchmar<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Fadi K Mourad<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert B Sanch<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Laura J Harris<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Andrea E Hayden<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Todd A Richards<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Knight, Jeffrey A<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert H Carlin<EMAIL_ADDRESS><EMAIL_ADDRESS>>; rkalinowsky.sidockgroup.com<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Tim Rodak<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Mcginn, Kevin<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Shappley, Ned<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Subject: RE: Coke Oven Section 114 ICR Enclosure 2 - Fugitive Monitoring Plan, Test Plan and QAPP

Dr Jones, I worked with our contractor and attached is a document to highlight further the concerns about moving the downwind 1 sampler to the 5 location. If you would like to further discuss these issues, we can meet with you and your team virtually on Tuesday and still be able to respond by the deadline. I hope you see that we were quite careful with or selections to address as many guidelines as possible and provide unusable and technically sound data. Have a great holiday weekend. I look forward to checking in with you on Tuesday.

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Tuesday, August 30, 2022 2:05 PM
To: Brenna M Harden<EMAIL_ADDRESS>Marion M Krchmar<EMAIL_ADDRESS>Fadi K Mourad<EMAIL_ADDRESS>Robert B Sanch<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Andrea E Hayden<EMAIL_ADDRESS>Todd A Richards<EMAIL_ADDRESS>Knight, Jeffrey A<EMAIL_ADDRESS>Robert H Carlin<EMAIL_ADDRESS>rkalinowsky.sidockgroup.com<EMAIL_ADDRESS>Tim Rodak<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Subject: [EXTERNAL] RE: Coke Oven Section 114 ICR Enclosure 2 - Fugitive Monitoring Plan, Test Plan and QAPP

Dear Ms. Harden, et al: Thank you for the submission of your QAPP in response to the 2022 Clean Air Act section 114 test request for the Coke Ovens RTR. We had the following comments and requests:

"We request moving sample location Downwind 1 to the Sampler 5 location due to the NW winds."

Please submit a revised QAPP documents addressing these deficiencies by Wednesday, September 7, 2022 COB.

Thank you for your efforts wth this 114 request.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Brenna M Harden<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Sent: Tuesday, August 16, 2022 4:05 PM
To: Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>>; French, Chuck<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Coke ICR2<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Cc: Marion M Krchmar<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Fadi K Mourad<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert B Sanch<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Laura J Harris<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Andrea E Hayden<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Todd A Richards<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Knight, Jeffrey A<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Robert H Carlin<EMAIL_ADDRESS><EMAIL_ADDRESS>>; rkalinowsky.sidockgroup.com<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Tim Rodak<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Subject: Coke Oven Section 114 ICR Enclosure 2 - Fugitive Monitoring Plan, Test Plan and QAPP

On June 29, 2022, DTE Vantage (DTE) received Section 114 of the Clean Air Act Information Collection Request (ICR) in relation to development of Risk and Technology Review of Coke Oven Facilities related to 40 CFR Part 63, Subpart CCCCC, Pushing Quenching and Battery Stacks. The ICR also included risk and technology review, testing, interior and fenceline monitoring, and other information collection activities related to potential new regulations for coke byproduct recovery plants (CBRP) in relation to 40 CFR Part 63, Subpart L, Coke Oven Batteries. DTE owns and operates EES Coke Battery, L.L.C. (EES Coke) located in River Rouge, MI.

In order to accommodate all Enclosure 2 Source Testing, there are four enclosures. EES Coke was required to complete Testing on Fugitive and Flares. The enclosures meet the Fugitive Monitoring Plan, Test Plan and QAPP task. Although the June 28, 2022 ICR noted this task was due within 45 days of the submission (August 13, 2022), the COETF requested an extension during the August 9 virtual meeting. EPA provided an email on August 11, 2022 granting the extension to August 16, 2022.

Due to size of this submittal, can you let me know that you received it? I may break up the submittal into several emails if it gets trapped due to size. A hard copy will also be submitted certified mail  -  return receipt requested as backup.

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com


ENCLOSURE 2

PUBLIC PARTICIPATION CERTIFICATION

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR
Part 51, the following information regarding public participation
activities and compliance with state administrative procedures is
provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the
opportunity to submit written comments concerning a proposed revision to
the Commonwealth of Virginia State Implementation Plan was held from
September 1 to 30, 2008.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was
given notice of the public comment period in the Covington Virginian
Review (for the Valley of Virginia Intrastate Air Quality Control
Region), along with the location of the proposal for public inspection,
on August 31, 2008.  The notice included procedures to afford the public
the opportunity to request that a hearing be held pursuant to 40 CFR
51.102(a); no such request was received. The attached copy of the notice
provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR
Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency
was notified of the public comment period.  This notification follows
the requirements of 40 CFR Part 51.102(d)(3).  As provided in 40 CFR
51.302(b)(2), the federal land managers (FLMs) were given the
opportunity to comment on this permit on December 7, 2007. A number of
comments were received and responded to; the relevant correspondence is
included in Attachment B to Enclosure 1.  No meeting was requested by
the FLMs.  This information regarding FLM consultation was provided in
the public hearing notice.

The complete record of the hearings, along with any testimony received
and responses thereto, is located at the Air Division of the Department
of Environmental Quality.  The department contact to access this
information is the Director, Air Division.  A summary of the testimony
received and responses thereto is attached.

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the
permit was issued by the Department of Environmental Quality on February
23, 2009, to be effective that same day.  The statement of authority and
procedures followed for approval and issuance of the permit and the
signature of the Regional Director on the permit are included in
Attachment A to Enclosure 1, providing the evidence required by Section
2.1(b) and (e) of Appendix V of 40 CFR Part 51.  As required by Section
2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual permit
submitted for approval and incorporation by reference into the
Commonwealth of Virginia State Implementation Plan is included in
Attachment A to Enclosure 1.

TEMPLATES\SOURCE-SPECIFIC\PLN02


Good afternoon. My name is Katie Pratt. I am a fifth-generation farmer. My husband, the seventh generation of his family to farm, and I farm with his parents, brother, and our sister-in-law in northern Illinois. We raise corn, soybeans, seed corn and the 8[th] generation of Pratt farmers . . . if they so choose.
I also work as the agriculture literacy coordinator for Lee County Agriculture in the Classroom, which means I have the privilege of sharing all things food, fuel, fiber and farm with students and teachers, pre-K to college. My goal in a classroom is to allow students to be curious about the topic at hand. They ask questions, hypothesize, experiment, and discover that sometimes there can be more than one right answer; that sometimes science changes and our answer will change; above all, that critical thinking based on a foundation of facts leads to amazing innovation. Without innovation in agriculture, the United States farmer will not be successful in fulfilling market needs domestically and internationally while stewarding our natural resources that fuel the foundations of our farms.
The purpose of this meeting is to review the science that will ultimately determine the environmental level of concern for atrazine, potentially change the way I use the product, and threaten my ability to lawfully use it in the future. I am here today because the recommendation of this panel and the final rule will impact my farm and the ability of the eighth generation of our family to farm in the future.
Water quality is something I probably think more about than the average person. Unlike the general population, the water with which I cook, and I drink is not pre-treated at a water treatment facility but comes from a private well on our property. The management practices we use in our fields directly impact our family's water supply and downstream tributaries. According to the MyWaterWays website hosted by the EPA, the Rock River is our main waterbody source and has "no impairments evaluated for this use" under the category of aquatic life as of 2022.
Ensuring clean and safe drinking water starts with using best management practices and following label instructions for anything we apply to the fields.
Atrazine has been on the market and deemed safe for more than 60 years. Not only are we confident in its safety from a human health standpoint, but its safety for use on our crops, specifically seed corn.
Yellow dent #2 corn that is traded around the world is created using advanced hybrid technology. Two inbred lines of corn - male and female or parents - are crossed during pollination to create a more robust, prolific hybrid. Without the benefit of hybrid vigor, the inbred lines are more susceptible to environmental variability, weed, insect and disease pressure, and the products we apply to the field.
Atrazine is a safe choice to help control weeds that compete for nutrients, water, and sunlight. We work to control weeds in early growth stages to reduce further applications of herbicide and mitigate weed resistance to crop protection tools down the line. Keeping a variety of crop protection tools at the ready is a best management practice on the farm. Atrazine is one of those tools.
Our farm is unique. Our soils, our crops, the nuances of our weather patterns are unique. Every farm in Illinois and across the country is different. Farmers learn the strengths and weaknesses of their fields and then choose the right tools from their toolbox to manage their crops and resources.
The proposed changes and accompanying models assume all farms are the same. Environmental stewardship policies cannot be a one size fits all especially in a state as diverse as Illinois.
Again, according to EPA data, the waterbody source for our farm is NOT considered atrazine impaired because farmers like me have demonstrated that we are following the current label requirements and employing a variety of crop protection and stewardship practices to match our individual farms.
As I head back into classrooms and am greeted by the innocent curiosity of youth, I ask that you take that same view. Look at this data with fresh eyes, a scientific mind, and a willingness to consider experience from boots on the ground farmers, who must do better every day, because our business success demands we do.
Your recommendations will have a long-lasting impact on the public's view of the EPA as a trusted source of sound science and valuable policy.


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30892-30893]
[DOCID:fr02jn10-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62175; File No. SR-MSRB-2010-03]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing of Proposed Rule Change Relating to Amendments
to the Continuing Disclosure Service of the MSRB's Electronic Municipal
Market Access System (EMMA[reg])

May 26, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on May 20, 2010, the Municipal Securities Rulemaking
Board (the ``MSRB'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the MSRB. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The MSRB has filed with the Commission a proposed rule change to
amend the continuing disclosure service of the MSRB's Electronic
Municipal Market Access system (``EMMA'') to provide for the posting of
credit rating information on the EMMA public Web site. The MSRB has
requested an effective date for the proposed rule change of a date to
be announced by the MSRB in a notice published on the MSRB Web site,
which date shall be no later than nine months after Commission approval
of the proposed rule change and shall be announced no later than five
(5) business days prior to the effective date.
    The text of the proposed rule change is available on the MSRB's Web
site at http://www.msrb.org/msrb1/sec.asp, at the MSRB's principal
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The proposed rule change would amend the EMMA continuing disclosure
service to provide for the posting of credit rating information on the
EMMA public Web site. If and to the extent that one or more Nationally
Recognized Statistical Rating Organization (``NRSRO'') has agreed to
provide credit rating and related information regarding municipal
securities to the MSRB, at no charge, through an automated data feed
for dissemination on the EMMA Web site, the EMMA Web site would display
such credit rating and related information along with any documents and
identifying information relating to the applicable municipal security
otherwise displayed on the EMMA Web site. Currently, such other
documents or information may include official statements, advance
refunding documents, continuing disclosure documents, transaction price
data, interest rate reset information, and identifying information
relating to a specific municipal security.
    Credit rating and related information normally will be posted
within 15 minutes of successful transmission to the MSRB during the
hours of 8:30 a.m. to 6 p.m. Eastern time on an MSRB business day, and
any such information successfully transmitted outside of the MSRB's
normal business hours will be posted as soon as practicable. The MSRB
shall have no obligation to supplement, modify or confirm credit rating
and related information received by it through an NRSRO's automated
data feed based on information available from any other source,
including but not limited to any such information made publicly
available by an NRSRO by any means other than its automated data feed.
    The MSRB requests an effective date for the proposed rule change of
a date to be announced by the MSRB in a notice published on the MSRB
Web site, which date shall be no later than nine months after
Commission approval of the proposed rule change and shall be announced
no later than five (5) business days prior to the effective date.
2. Statutory Basis
    The MSRB has adopted the proposed rule change pursuant to Section
15B(b)(2)(C) of the Exchange Act, which provides that MSRB's rules
shall:

be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
the public interest.

    The inclusion of credit rating and related information provided by
NRSROs agreeing to provide such information for display on the EMMA Web
site would serve to promote the statutory mandate of the MSRB to
protect investors and the public interest. Although credit rating
information is just one of many factors to consider in making an
investment decision and in evaluating the credit worthiness and value
of existing municipal securities holdings, the proposed rule change
would make such information more easily accessible on an equal basis to
all participants in the municipal securities market, including in
particular retail investors in municipal securities who do not normally
have access to information services customarily used by professional
market participants.

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

    The MSRB does not believe the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Exchange Act. Credit ratings and related
information provided on the EMMA Web page would be available to all
persons simultaneously. Any credit rating and related information of an
NRSRO would be displayed on the EMMA Web site only with the agreement
of such NRSRO to such use of its information. The MSRB believes that
the benefits realized by the investing public from the broader and
easier availability of credit rating and related information provided
by NRSROs, including in particular retail investors in municipal
securities who do not normally have access to information services
customarily used

by professional market participants, would justify any potentially
negative impact on such existing information services from the display
of credit rating and related information on the EMMA Web site.

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    Within 35 days of publication of this notice in the Federal
Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

The MSRB has requested an effective date for the proposed rule change
of a date to be announced by the MSRB in a notice published on the MSRB
Web site, which date shall be no later than nine months after
Commission approval of the proposed rule change and shall be announced
no later than five (5) business days prior to the effective date.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-MSRB-2010-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-MSRB-2010-03. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the MSRB. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MSRB-2010-03 and should be
submitted on or before June 23, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\3\
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    \3\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-13159 Filed 6-1-10; 8:45 am]
BILLING CODE 8010-01-P