[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12671-12673]
[FR Doc No: 2017-04203]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80119; File No. SR-Phlx-2017-19]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Related to
Qualified Contingent Cross Orders

February 28, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 21, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule at
Section II, entitled ``Multiply Listed Options Fees,'' \3\ to increase
the maximum Qualified Contingent Cross (``QCC'') orders rebate which
will be paid in a given month.
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    \3\ These fees include options overlying equities, ETFs, ETNs
and indexes which are Multiply Listed.
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    While the changes proposed herein are effective upon filing, the
Exchange has designated that the amendments be operative on March 1,
2017.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to increase the maximum QCC rebate that will
be paid by the Exchange in a given month. The Exchange believes that
this increase will incentivize participants to transact additional QCC
Orders on Phlx.
    Today, the Exchange assesses a $.20 per contract QCC Transaction
Fee for a Specialist,\4\ Market Maker,\5\ Firm \6\ and Broker-
Dealer.\7\ Customers \8\ and Professionals \9\ are not assessed a QCC
Transaction Fee. QCC Transaction Fees apply to QCC Orders \10\ and
Floor QCC Orders.\11\ Rebates are paid on all qualifying executed QCC
Orders based on the following six tier rebate schedule:
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    \4\ The term ``Specialist'' applies to transactions for the
account of a Specialist (as defined in Exchange Rule 1020(a)).
    \5\ The term ``Market Maker'' includes Registered Options
Traders (``ROT''). See Exchange Rule 1014(b)(i) and (ii). A ROT
includes a Streaming Quote Trader or ``SQT,'' a Remote Streaming
Quote Trader or ``RSQT'' and a Non-SQT, which by definition is
neither a SQT nor a RSQT. A ROT is defined in Exchange Rule 1014(b)
as a regular member of the Exchange located on the trading floor who
has received permission from the Exchange to trade in options for
his own account. An SQT is defined in Exchange Rule 1014(b)(ii)(A)
as an ROT who has received permission from the Exchange to generate
and submit option quotations electronically in options to which such
SQT is assigned. An RSQT is defined in Exchange Rule in
1014(b)(ii)(B) as an ROT that is a member affiliated with an RSQTO
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically in options to which such RSQT has been assigned. A
Remote Streaming Quote Trader Organization or ``RSQTO,'' which may
also be referred to as a Remote Market Making Organization
(``RMO''), is a member organization in good standing that satisfies
the RSQTO readiness requirements in Rule 507(a). RSQTs may also be
referred to as Remote Market Markers (``RMMs'').
    \6\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at The Options Clearing Corporation.
    \7\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category.
    \8\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at The Options Clearing Corporation which is not for
the account of a broker or dealer or for the account of a
``Professional'' (as that term is defined in Rule 1000(b)(14)).
    \9\ The term ``Professional'' applies to transactions for the
accounts of Professionals, as defined in Exchange Rule 1000(b)(14).
    \10\ Electronic QCC Orders are described in Rule 1080(o).
    \11\ Floor QCC Orders are described in Rule 1064(e).

                                               QCC Rebate Schedule
----------------------------------------------------------------------------------------------------------------
                                                                                Rebate per
                     Tier                                           Threshold                        contract
----------------------------------------------------------------------------------------------------------------
Tier 1........................................  0 to 99,999 contracts in a month................           $0.00
Tier 2........................................  100,000 to 299,999 contracts in a month.........            0.05
Tier 3........................................  300,000 to 499,999 contracts in a month.........            0.07
Tier 4........................................  500,000 to 699,999 contracts in a month.........            0.08
Tier 5........................................  700,000 to 999,999 contracts in a month.........            0.09
Tier 6........................................  Over 1,000,000 contracts in a month.............            0.11
----------------------------------------------------------------------------------------------------------------

    The Exchange will not pay a QCC Rebate where the transaction is
either: (i) Customer-to-Customer; (ii) Customer-to-Professional, (iii)
Professional-to-Professional or (iv) a dividend, merger, short stock
interest or reversal or conversion strategy execution.\12\
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    \12\ Dividend, merger, short stock interest or reversal or
conversion strategy execution are described in Section II of the
Pricing Schedule.
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    The Exchange will continue to pay rebates on QCC Orders as
described above. The Exchange proposes to amend the QCC Rebate Schedule
to increase the maximum QCC Rebate of $450,000 per month to $550,000
per month.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \15\
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    \15\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Likewise, in NetCoalition v. Securities and Exchange Commission
\16\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\17\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \18\
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    \16\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \17\ See NetCoalition, at 534-535.
    \18\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . .'' \19\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
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    \19\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
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QCC Rebates
    The Exchange believes that it is reasonable to increase the maximum
amount of the QCC Rebate the Exchange would pay a market participant in
a

given month from $450,000 to $550,000 because the Exchange believes it
will attract additional QCC Orders to the Exchange because the amount
of rebates they may be eligible for has increased.
    The Exchange believes that it is equitable and not unfairly
discriminatory to increase the maximum amount of the QCC Rebate the
Exchange would pay a market participant in a given month from $450,000
to $550,000 because all qualifying market participants are eligible to
obtain this maximum amount of QCC rebates provided they transact a
qualifying number of QCC Orders. All market participants are eligible
to transact QCC Orders.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets
or will impose any inter-market burden on competition for the reasons
stated above.
    The Exchange does not believe that the proposed rule change will
impose any intra-market burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that its proposal to increase the maximum QCC Rebate does not
impose a burden on competition, rather the increased cap should
encourage market participants to transact a greater number of QCC
Orders in order to obtain the maximum QCC Rebate. All market
participants are eligible to transact QCC Orders.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\20\
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    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2017-19 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2017-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-Phlx-2017-19, and should be
submitted on or before March 27, 2017.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04203 Filed 3-3-17; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

DATE:		October 15, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	October 14, 2014, Meeting with Connecticut State Staff Regarding Proposed Clean Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on October 14, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants. Discussion covered renewable energy and energy efficiency and associated data inputs.

ATTENDEES (all by phone)

Connecticut:
Jaimeson Sinclair
Eric Annes

EPA:
Beth Conlin
Joe Bryson
Matt Clouse
Michael Cohen
Gabrielle Stevens
Shutsu Wong

Questions attached.


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Rules and Regulations]
[Page 64152]
[DOCID:fr15no07-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-07-032]

Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
State Route 433 (S433) bridge across Liberty Bayou, mile 2.0, at
Slidell, St. Tammany Parish, Louisiana. This deviation will test a
change to the drawbridge operation schedule to determine whether a
permanent change to the schedule is needed.

DATES: This deviation is effective from November 15, 2007 until May 13,
2008.

ADDRESSES: You may mail comments and related material to Commander
(dpb), Eighth Coast Guard District, 500 Poydras Street, New Orleans,
Louisiana 70130-3310. The Commander, Eighth Coast Guard District,
Bridge Administration Branch maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the Bridge Administration office between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in evaluating this test schedule by
submitting comments and related material. If you do so, please include
your name and address, identify the docket number for this deviation
CGD08-07-032, indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8[frac1s2] by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. Comments must be received by
January 14, 2008.

Background and Purpose

    The Louisiana Department of Transportation and Development has
requested that the operating regulation of the S433 pontoon span
bridge, located on Liberty Bayou at mile 2.0 in Slidell, St. Tammany
Parish, Louisiana, be changed in order to make more efficient use of
operating resources. Currently, the draw of the S433 Bridge opens on
signal, except that from 9 p.m. to 5 a.m. the draw opens on signal if
at least 12 hours notice is given, as required by 33 CFR 117.469. The
Coast Guard previously published a notice of proposed rulemaking
[CGD08-06-10] on May 4, 2006 (86 FR 26290). The proposed rule would
have changed the regulation governing the operation of the (S433)
pontoon span bridge across Liberty Bayou, mile 2.0, at Slidell, St.
Tammany Parish, Louisiana. The rule, as previously proposed, would have
changed the notice required for an opening from 12 hours to 4 hours. A
final rule for that proposed change was not published. Subsequently,
the bridge owner has requested that the notice for an opening be
changed so that the bridge will open on signal, except that from 7 p.m.
to 7 a.m., the bridge will open on signal if at least 2 hours notice is
given.
    A Supplemental Notice of Proposed Rulemaking [CGD08-06-010], is
being issued in conjunction with this Temporary Deviation to obtain
public comments. The Coast Guard will evaluate public comments from
this Test Deviation and the above referenced Supplemental Notice of
Proposed Rulemaking to determine if a permanent special drawbridge
operating regulation is warranted.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 6, 2007.
David M. Frank,
Bridge Administrator.
 [FR Doc. E7-22364 Filed 11-14-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10259-10261]
[DOCID:fr07mr07-166]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

Canadian Standards Association; Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the recognition of the
Canadian Standards Association (CSA) as a Nationally Recognized Testing
Laboratory under 29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on March 7, 2007.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby
gives notice of the expansion of recognition of the Canadian Standards
Association (CSA) as a Nationally Recognized Testing Laboratory (NRTL).
CSA's expansion covers the use of additional test standards. OSHA's
current scope of recognition for CSA may be found in the following
informational Web page: http://www.osha.gov/dts/otpca/nrtl/csa.html.

    OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL that details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    CSA submitted an application, dated July 5, 2005, (see Exhibit 34-
1) to expand its recognition to include 12 additional test standards.
The NRTL Program staff determined that nine of these standards are
``appropriate test standards'' within the meaning of 29 CFR 1910.7(c).
However, one of these standards was already included in CSA's scope.
Therefore, OSHA is approving eight test standards for the expansion. In
connection with this request, OSHA did not perform an on-site review of
CSA's NRTL testing facilities. However, NRTL Program assessment staff
reviewed information pertinent to the request and recommended expansion
for the eight additional test standards (see Exhibit 34-2).
    The preliminary notice announcing the expansion application was
published in the Federal Register on October 6, 2006 (71 FR 59129).
Comments were requested by October 23, 2006, but no comments were
received in response to this notice. OSHA is now proceeding with this
final notice to grant CSA's expansion application.
    The most recent application processed by OSHA specifically related
to CSA's recognition granted an expansion, and the final notice for
this expansion was published on August 26, 2003 (68 FR 51303).
    You may obtain or review copies of all public documents pertaining
to the CSA application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC 20210. Docket No.
OSHA-2006-0042 (formerly NRTL2-92) contains all materials in the record
concerning CSA's recognition.
    The current addresses of the CSA facilities already recognized by
OSHA are:
    Canadian Standards Association, 178 Rexdale Boulevard (Toronto),
Etobicoke, ON M9W 1R3, Canada;
    CSA International, Pointe-Claire (Montreal), 865 Ellingham Street,
Pointe-Claire, PQ H9R 5E8, Canada;
    CSA International, Richmond (Vancouver), 13799 Commerce Parkway,
Richmond, BC V6V 2N9, Canada;
    CSA International, Edmonton, 1707-94th Street, Edmonton, AB T6N
1E6, Canada;
    CSA International, Irvine, 2805 Barranca Parkway, Irvine, CA 92606;
and
    CSA International, Cleveland, 8501 East Pleasant Valley Road,
Cleveland, OH 44131.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's
recommendation, and other pertinent information. Based upon this
examination and the assessor's recommendation, OSHA finds that CSA has
met the requirements of 29 CFR 1910.7 for expansion of its recognition,
subject to the limitation and conditions listed below. Pursuant to the
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of CSA,
subject to this limitation and these conditions.

Limitation

    OSHA limits the expansion of CSA's recognition to testing and
certification of products for demonstration of conformance to the
following test standards, each of which OSHA has determined is an
appropriate test standard, within the meaning of 29 CFR 1910.7(c):

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

------------------------------------------------------------------------
UL 568....................................  Nonmetallic Cable Tray
                                             Systems.
FM 3810...................................  Electrical and Electronic
                                             Test, Measuring, and
                                             Process Control Equipment.
UL 61010A-2-010...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Equipment for
                                             the Heating of Materials.
UL 61010A-2-041...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Autoclaves Using Steam for
                                             the Treatment of Medical
                                             Materials and for
                                             Laboratory Processes.
UL 61010A-2-042...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Autoclaves and Sterilizers
                                             Using Toxic Gas for the
                                             Treatment of Medical
                                             Materials, and for
                                             Laboratory Processes.
UL 61010A-2-051...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Equipment for
                                             Mixing and Stirring.
UL 61010A-2-061...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Atomic
                                             Spectrometers with Thermal
                                             Atomization and Ionization.

UL 61010B-2-031...........................  Electrical Equipment for
                                             Measurement, Control, and
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Hand-Held Probe Assemblies
                                             for Electrical Measurement
                                             and Test.
------------------------------------------------------------------------

    The designations and titles of the above test standards were
current at the time of the preparation of the preliminary notice.
    OSHA's recognition of CSA, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third-party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
product(s).
    Many UL test standards are approved as American National Standards
by the American National Standards Institute (ANSI). However, for
convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.

Conditions

    CSA must also abide by the following conditions of the recognition,
in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to CSA's facilities and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
    If CSA has reason to doubt the efficacy of any test standard it is
using under this program, it must promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;
    CSA must not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, CSA agrees that it will allow no representation
that it is either a recognized or an accredited Nationally Recognized
Testing Laboratory (NRTL) without clearly indicating the specific
equipment or material to which this recognition is tied, or that its
recognition is limited to certain products;
    CSA must inform OSHA as soon as possible, in writing, of any change
of ownership, facilities, or key personnel, and of any major changes in
its operations as an NRTL, including details;
    CSA will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
    CSA will continue to meet the requirements for recognition in all
areas where it has been recognized.

    Signed at Washington, DC, this 26th day of February, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
 [FR Doc. E7-3953 Filed 3-6-07; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Rules and Regulations]
[Page 16783-16785]
[DOCID:fr13ap09-12]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1044]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The

community may at any time enact stricter requirements of its own, or
pursuant to policies established by the other Federal, State, or
regional entities. The changes in BFEs are in accordance with 44 CFR
65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Pinal....................  City of Casa Grande    February 20, 2009;    The Honorable Robert M.    February 10, 2009..............       040080
                                     (08-09-1919P).         February 27, 2009;    Jackson, Mayor, City of
                                                            Casa Grande           Casa Grande, 510 East
                                                            Dispatch.             Florence Boulevard, Casa
                                                                                Grande, AZ 85222.
California:
    San Bernardino................  Town of Apple Valley   February 13, 2009;    The Honorable Mark Shoup,  June 19, 2009..................       060752
                                     (08-09-1552P).         February 20, 2009;    Mayor, City of Apple
                                                            Apple Valley News.    Valley, 14955 Dale Evans
                                                                                Parkway, Apple Valley,
                                                                                CA 92307.
    San Bernardino................  City of Hesperia (08-  February 12, 2009;    The Honorable Tad          June 19, 2009..................       060733
                                     09-1552P).             February 19, 2009;    Honeycutt, Mayor, City
                                                            Hesperia Resorter.    of Hesperia, 9700
                                                                                Seventh Avenue,
                                                                                Hesperia, CA 92345.
    San Bernardino................  Unincorporated areas   February 13, 2009;    The Honorable Paul Biane,  June 19, 2009..................       060270
                                     of San Bernardino      February 20, 2009;    Chairman, San Bernardino
                                     County (08-09-1552P).  San Bernardino        County Board of
                                                            Bulletin.             Supervisors, 385 North
                                                                                Arrowhead Avenue, Fifth
                                                                                Floor, San Bernardino,
                                                                                CA 92415-0110.
Georgia: Gwinnett.................  Unincorporated areas   January 2, 2009;      The Honorable Charles E.   May 11, 2009...................       130322
                                     of Gwinnett County     January 9, 2009;      Bannister, Chairman,
                                     (08-04-6361P).         Gwinnett Daily Post.  Gwinnett County Board of
                                                                                Commissioners, 75
                                                                                Langley Drive,
                                                                                Lawrenceville, GA 30045.
Indiana: Hamilton.................  City of Carmel (08-05- February 26, 2009;    The Honorable James        July 6, 2009...................       180081
                                     5476P).                March 5, 2009;        Brainard, Mayor, City of
                                                            Noblesville Ledger.   Carmel, One Civic
                                                                                Square, Carmel, IN 46032.
Kentucky: Louisville-Jefferson....  Louisville-Jefferson   November 14, 2008;    The Honorable Jerry E.     March 23, 2009.................       210120
                                     County Metropolitan    November 21, 2008;    Abramson, Mayor,
                                     Government (08-04-     The Courier Journal.  Louisville-Jefferson
                                     3793P).                                      County Metropolitan
                                                                                Government, 527 West
                                                                                Jefferson Street,
                                                                                Louisville, KY 40202.
Nevada: Clark.....................  Unincorporated areas   February 20, 2009;    The Honorable Rory Reid,   June 29, 2009..................       320003
                                     of Clark County (09-   February 27, 2009;    Chair, Clark County
                                     09-0318).              Las Vegas Review      Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                Parkway, Las Vegas, NV
                                                                                89106.
North Carolina: Edgecombe.........  Town of Tarboro (08-   February 3, 2009;     Mr. Samuel W. Noble, Jr.,  January 27, 2009...............       370094
                                     04-1283P).             February 10, 2009;    Manager, Town of
                                                            The Daily             Tarboro, P.O. Box 220,
                                                            Southerner.           500 Main Street,
                                                                                Tarboro, North Carolina
                                                                                27886-0221.
Rhode Island: Newport.............  Town of Portsmouth     February 20, 2009;    The Honorable Dennis       February 9, 2009...............       445405
                                     (09-01-0279P).         February 27, 2009;    Canario, President,
                                                            Newport Daily News.   Portsmouth Town Council,
                                                                                64 Birchwood Drive,
                                                                                Portsmouth, RI 02871.
Tennessee: Nashville and Davidson.  Metropolitan           February 6, 2009;     The Honorable Karl Dean,   June 16, 2009..................       470040
                                     Government of          February 13, 2009;    Mayor, Metropolitan
                                     Nashville and          The Tennessean.       Government of Nashville
                                     Davidson County (08-                         and Davidson County, 100
                                     04-5048P).                                   Metro Courthouse,
                                                                                Nashville, TN 37201.
Texas:
    Webb..........................  City of Laredo (08-06- February 6, 2009;     The Honorable Raul G.      June 15, 2009..................       480651
                                     2454P).                February 13, 2009;    Salinas, Mayor, City of
                                                            Laredo Morning        Laredo, 1110 Houston
                                                            Times.                Street, Laredo, TX 78040.
    Webb..........................  Unincorporated areas   February 6, 2009;     The Honorable Danny        June 15, 2009..................       481059
                                     of Webb County (08-    February 13, 2009;    Valdez, Webb County
                                     06-2740P).             Laredo Morning        Judge, Webb County
                                                            Times.                Courthouse, 1000 Houston
                                                                                Street, Third Floor,
                                                                                Laredo, TX 78040.
Utah:
    Salt Lake.....................  City of Riverton (08-  February 12, 2009;    The Honorable Bill         June 19, 2009..................       490104
                                     08-0716P).             February 19, 2009;    Applegarth, Mayor, City
                                                            Salt Lake Tribune.    of Riverton, 12765 South
                                                                                1400 West, Riverton, UT
                                                                                84065.

    Salt Lake.....................  City of South Jordan   February 12, 2009;    The Honorable William      June 19, 2009..................       490107
                                     (08-08-0716P).         February 19, 2009;    Kent Money, Mayor, City
                                                            Salt Lake Tribune.    of South Jordan, 1600
                                                                                West Towne Center Drive,
                                                                                South Jordan, UT 84095.
Washington: Spokane...............  Unincorporated areas   February 12, 2009;    The Honorable Todd         January 30, 2009...............       530174
                                     of Spokane County      February 19, 2009;    Mielke, Chairman,
                                     (08-10-0786P).         Spokesman Review.     Spokane County Board of
                                                                                Commissioners, Spokane
                                                                                County Courthouse, Room
                                                                                300, 1116 West Broadway
                                                                                Avenue, Spokane, WA
                                                                                99260.
Wisconsin: Waukesha...............  Unincorporated areas   February 12, 2009;    The Honorable James T.     June 19, 2009..................       550476
                                     of Waukesha County     February 19, 2009;    Dwyer, Chairman,
                                     (08-05-4338P).         Waukesha Freeman.     Waukesha County Board of
                                                                                Supervisors, 515 West
                                                                                Moreland Boulevard,
                                                                                Waukesha, WI 53188.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-8368 Filed 4-10-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: November 26, 2007 (Volume 72, Number 226)]
[Notices]
[Page 65959-65960]
[DOCID:fr26no07-36]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-1087; FRL-8340-1]

Approval of Test Marketing Exemptions for Certain New Chemicals

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces EPA's approval of applications for test
marketing exemptions (TMEs) under section 5(h)(1) of the Toxic
Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated
these applications as TME-07-11; TME-07-12; TME-07-13; TME-07-14; TME-
07-15; TME-07-16; TME-07-17; TME-07-18; TME-07-19; TME-07-20; TME-07-
21; TME-07-22; and TME-07-23. The test marketing conditions are
described in each TME application and in this notice.

DATES:  Approval of these TMEs is effective November 15, 2007.

FOR FURTHER INFORMATION CONTACT:  For general information contact:
Colby Lintner, Regulatory Coordinator, Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>    For technical information contact: Adella Underdown, Chemical
Control Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address: underdown<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed in particular to the chemical manufacturer
and/or importer who submitted the TMEs to EPA. This action may,
however, be of interest to the public in general. Since other entities
may also be interested, the Agency has not attempted to describe all
the specific entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.

B. How Can I get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPPT-2007-1087. All documents in the docket are
listed in the docket's index at http://www.regulations.gov. Although

listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
http://www.regulations.gov, or, if only available in hard copy, at the

OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What is the Agency's Authority for Taking This Action?

    Section 5(h)(1) of TSCA and 40 CFR 720.38 authorizes EPA to exempt
persons from premanufacture notification (PMN) requirements and permit
them to manufacture or import new chemical substances for test
marketing purposes, if the Agency finds that the manufacture,
processing, distribution in commerce, use, and disposal of the
substances for test marketing purposes will not present an unreasonable
risk of injury to health or the environment. EPA may impose
restrictions on test marketing activities and may modify or revoke a
test marketing exemption upon receipt of new information which casts
significant doubt on its finding that the test marketing activity will
not present an unreasonable risk of injury.

III. What Action is the Agency Taking?

    EPA has approved the above referenced TMEs. EPA has determined that
test marketing these new chemical substances, under the conditions set
out in each TME application and in this notice, will not present any
unreasonable risk of injury to health or the environment.

IV. What Restrictions Apply to These TMEs?

    The test market time period, production volume, number of
customers, and use must not exceed specifications in the applications
and this notice. All other conditions and restrictions described in the
applications and in this notice must also be met.

    TME-07-0011
    Date of Receipt: February 23, 2007.
    Notice of Receipt: May 9, 2007 (72 FR 26378) (FRL-8128-4).
    Applicant: Forbo Adhesives.
    Chemical: (G) Isocyanate functional polyester polyether urethane
polymer.
    Use: (G) Hot melt polyurethane adhesive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0012
    Date of Receipt: March 28, 2007.
    Notice of Receipt: May 18, 2007 (72 FR 28045) (FRL-8131-5).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Acrylated aliphatic polyurethane.
    Use: (G) Coatings resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0013
    Date of Receipt: May 18, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Substituted heterocycle, polymer with diisocyanate,
substituted cyclic diamine and substituted heterocycle, alkyl ester.
    Use: (G) Wetting agent for industrial coatings.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0014
    Date of Receipt: June 11, 2007.

    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Unsaturated alkylcarboxylic acid, polymers with
alkanedioic acid, alkyl alcohols, alkylaldehyde, substituted triazine,
substituted carbomonocycle and urea.
    Use: (G) Resin for paints and coatings.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0015
    Date of Receipt: June 18, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Forbo Adhesives, LLC.
    Chemical: (G) Isocyanate functional polyester urethane polymer.
    Use: (G) Hot melt adhesive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0016
    Date of Receipt: July 9, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Substituted alkenoic acid, ester, polymer with
alkenamide, hydrolyzed, metal salts.
    Use: (G) Mining chemical reagent.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0017
    Date of Receipt: July 11, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Substituted epoxy resin.
    Use: (G) Ccoating resin additive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0018
    Date of Receipt: July 27, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: SC Johnson and Son, Inc.
    Chemical: (G) Hydrolyzed cellulosic ether.
    Use: (G) Non dispersive use.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0019
    Date of Receipt: August 1, 2007.
    Notice of Receipt: August 22, 2007 (72 FR 47026) (FRL-8144-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Substituted epoxy resin.
    Use: (G) Coating resin additive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0020
    Date of Receipt: August 7, 2007.
    Notice of Receipt: October 3, 2007 (72 FR 56347) (FRL-8151-7).
    Applicant: CBI.
    Chemical: (G) Aliphatic polyurethane acrylate.
    Use: Component of industrial use coating.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0021
    Date of Receipt: August 17, 2007.
    Notice of Receipt: October 3, 2007 (72 FR 56347) (FRL-8151-7).
    Applicant: Forbo Adhesives, LLC.
    Chemical: (G) Isocyanate functional polyester polyether urethane
polymer.
    Use: (G) Hot melt polyurethane adhesive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-07-0022
    Date of Receipt: August 10, 2007.
    Notice of Receipt: October 3, 2007 (72 FR 56347) (FRL-8151-7).
    Applicant: Shell Lubricants.
    Chemical: Mixture of hydrocarbons (C20-C110)
containing straight and branched chain alkanes, produced by synthesis
from natural gas (Fischer Tropsch).
    Use: (G) To replace straight paraffinic petroleum-based waxes in
certain industrial applications.
    Production Volume: 100,000 kg.
    Number of Customers: 10.
    Test Marketing Period: 90-365 days, commencing on first day of
commercial manufacture.
    TME-07-0023
    Date of Receipt: August 29, 2007.
    Notice of Receipt: October 3, 2007 (72 FR 56347) (FRL-8151-7).
    Applicant: Cytec Industries Inc.
    Chemical: (G) Substituted alkenyl-terminated siloxane and silicone
polymers with substituted acrylates, peroxide initiated.
    Use: (G) Flow leveling additive for industrial coatings.
    Production Volume: CBI.
    Number of Customers: CBI.Test Marketing Period: CBI days,
commencing on first day of commercial manufacture.
    The following additional restrictions apply to these TMEs. A bill
of lading accompanying each shipment must state that the use of the
substance is restricted to that approved in the TME. In addition, the
applicant shall maintain the following records until 5 years after the
date they are created, and shall make them available for inspection or
copying in accordance with section 11 of TSCA:
    1. Records of the quantity of the TME substance produced and the
date of manufacture.
    2. Records of dates of the shipments to each customer and the
quantities supplied in each shipment.
    3. Copies of the bill of lading that accompanies each shipment of
the TME substance.

V. What was EPA's Risk Assessment for These TMEs?

    EPA identified no significant health or environmental risks for
these test market substances based on either the low toxicity of each
substance or low expected exposure. Therefore, the test market
activities will not present any unreasonable risk of injury to human
health or the environment. (Many of these TMEs were submitted per the
TSCA New Chemicals Sustainable Futures Voluntary Pilot Project; see The
Federal Register of December 11, 2002 (67 FR 76282) (FRL-7198-6).

VI. Can EPA Change Its Decision on These TMEs in the Future?

    Yes. The Agency reserves the right to rescind approval or modify
the conditions and restrictions of an exemption should any new
information that comes to its attention cast significant doubt on its
finding that the test marketing activities will not present any
unreasonable risk of injury to human health or the environment.

List of Subjects

    Environmental protection, Test marketing exemptions.

    Dated: November 15, 2007.
Miriam Wiggins-Lewis,
Acting Chief, New Chemicals Prenotice Management Branch, Office of
Pollution Prevention and Toxics.
[FR Doc. E7-22976 Filed 11-23-07 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Page 72719]
[FR Doc No: 2015-29685]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9024-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/compliance/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 11/09/2015 Through 11/13/2015
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20150320, Draft, AFS, ID, Targhee National Forest Lynx Analysis
Units, Comment Period Ends: 01/04/2016, Contact: Robert Herzog 208-557-
5763.
EIS No. 20150321, Final, AFS, NM, North Fork Wells of Eagle Creek,
Review Period Ends: 12/24/2015, Contact: Christina Thompson 575-257-
4095.
EIS No. 20150322, Draft Supplement, USFS, CO, Rulemaking for Colorado
Roadless Areas, Comment Period Ends: 01/04/2016, Contact: Ken Tu 303-
275-5156.
EIS No. 20150323, Draft, FHWA, NC, Complete 540 Triangle Expressway
Southeast Extension, Comment Period Ends: 01/04/2016, Contact: Clarence
Coleman<PHONE_NUMBER>.
EIS No. 20150324, Final, FRA, CA, Coast Corridor Improvements, Contact:
Melissa Hatcher<PHONE_NUMBER> Under MAP-21 Section 1319, FRA has issued
a single FEIS and ROD. Therefore, the 30-day wait/review period under
NEPA does not apply to this action.
EIS No. 20150325, Final, FERC, LA, Magnolia LNG and Lake Charles
Expansion Projects, Review Period Ends: 12/21/2015, Contact: Janine
Cefalu<PHONE_NUMBER>.
EIS No. 20150326, Draft, BLM, CO, Previously Issued Oil and Gas Leases
in the White River National Forest, Comment Period Ends: 01/08/2016,
Contact: Gregory Larson<PHONE_NUMBER>.
EIS No. 20150327, Draft Supplement, DOE, NH, Northern Pass Transmission
Line Project, Comment Period Ends: 01/04/2016, Contact: Brian Mills
202-586-8267.
EIS No. 20150328, Draft, USDA, AK, Tongass Land and Resource Management
Plan Amendment, Comment Period Ends: 02/22/2016, Contact: Susan Howle
907-228-6340.
EIS No. 20150329, Final, NRC, NJ, Early Site Permit at PSEG Site,
Review Period Ends: 12/21/2015, Contact: Allen Fetter<PHONE_NUMBER>.
EIS No. 20150330, Draft Supplement, BLM, CO, Roan Plateau Planning Area
Draft Resource Management Plan Amendment, Comment Period Ends: 02/18/
2016, Contact: Gregory Larson<PHONE_NUMBER>.

Amended Notices

EIS No. 20150319, Final, BLM, OR, ADOPTION--Jordan Cove Energy and
Pacific Connector Gas Pipeline Project, Contact: Miriam Liberatore 540-
618-2400.

    The U.S. Department of the Interior's Bureau of Land Management is
adopting the U.S. Federal Energy Regulatory Commission's FEIS
#20150285, filed 09/30/2015 with EPA. BLM was a cooperating agency for
the above project. Therefore, recirculation of the document is not
necessary under Section 1506.3(c) of the Council on Environmental
Quality Regulations.
EIS No. 20150331, Final, USFS, OR, ADOPTION--Jordan Cove Energy and
Pacific Connector Gas Pipeline Project, Contact: Wes Yamamoto 541-825-
3150.

    The U.S. Department of Agriculture's Forest Service is adopting the
U.S. Federal Energy Regulatory Commission's FEIS #20150285, filed 09/
30/2015 with EPA. USFS was a cooperating agency for the above project.
Therefore, recirculation of the document is not necessary under Section
1506.3(c) of the Council on Environmental Quality Regulations.

    Dated: November 17, 2015.
Karin Leff,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-29685 Filed 11-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55477-55478]
[FR Doc No: 2014-22061]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-68-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), notice is hereby given of a proposed consent decree,
to address a lawsuit filed by WildEarth Guardians: WildEarth Guardians
v. McCarthy, Civil Action No. 1:13-dv-02748-RBJ (D. Co.). On October
28, 2013, WildEarth Guardians filed a complaint alleging that the
Environmental Protection Agency (EPA) had failed to perform its
nondiscretionary duties to make findings that certain states had failed
to

submit required State Implementation Plans (SIPs) regarding the
National Ambient Air Quality Standard (NAAQS) adopted by EPA for
nitrogen dioxide (NO2) in January 2010. On January 24, 2014, WildEarth
Guardians filed an amended complaint adding two additional states to
the list for which it claimed EPA had failed to perform this
nondiscretionary duty. The complaint requested that the court order EPA
to make such findings. Under the terms of the proposed consent decree,
EPA would agree to make those findings by November 15, 2014.

DATES: Written comments on the proposed consent decree must be received
by October 16, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0644, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Susmita Dubey, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The amended complaint alleges that EPA has failed to perform its
nondiscretionary duty to make findings that the following states have
failed to submit SIPs to meet the requirement in certain subsections of
section 110(a)(2): Alaska, Colorado, Hawaii, Idaho, New Mexico,
Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. Under
the terms of the proposed consent decree, EPA would agree to make
findings by November 15, 2014, for those states in this group which
have not made submissions at that time.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn or withheld, the terms of the consent decree will be
affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by EPA-HQ-
OGC-2014-0644) contains a copy of the proposed consent decree. The
official public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA
Docket Center 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 OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available on the
Internet (online) through the Web site www.regulations.gov. You may use
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, confidential business
information (CBI), or other information whose disclosure is restricted
by statute. Information claimed as CBI and other information whose
disclosure is restricted by statute is not included in the official
public docket or in the electronic public docket. EPA's policy is that
copyrighted material, including copyrighted material contained in a
public comment, will not be placed in EPA's electronic public docket
but will be available only in printed, paper form in the official
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and 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. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: September 8, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-22061 Filed 9-15-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Page 21747]
[FR Doc No: 2014-08667]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14604-000]

Green Energy Storage Corp; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 18, 2014, Green Energy Storage Corp filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Ajo Pumped Storage
Project to be located off stream near the city of Ajo, Arizona. 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 150-megawatt closed loop pumped storage project would
use the 1,200 feet of available head between a new upper reservoir and
an existing open pit mine. The project consists of the following: (1) A
new 35-foot-high upper dam with a total crest length of 6,000 feet,
impounding an upper reservoir with a maximum storage of 1,300 acre-
feet; (2) an existing open pit mine lower reservoir, with a maximum
storage of 1,500 acre-feet; (3) a penstock connecting the two
reservoirs consisting of a 200-foot-long, 12-foot-diameter steel pipe
and a 1,150-foot-long, 12-foot-diameter vertical shaft; (4) two 75-
megawatt pump/turbines; (5) a 2,200-foot-long, 14-foot-diameter draft
tube, extending from the turbines to the lower reservoir; (6) a new
115-kilovolt (kV) transmission line extending about 36 miles from the
project's substation to an existing 115-kV transmission line owned by
Arizona Public Service; and (7) appurtenant facilities. The estimated
average energy production of the project would be 400 gigawatt hours.
    Applicant Contact: Charles Gresham, Green Energy Storage Company,
14747 N 87th Ln., Peoria, AZ 85381, Telephone<PHONE_NUMBER>
    FERC Contact: Jim Fargo; phone:<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-14604-000.
    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-14604) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 10, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-08667 Filed 4-16-14; 8:45 am]
BILLING CODE 6717-01-P