[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71339-71340]
[DOCID:fr28no05-96]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 17a-7; SEC File No. 270-238; OMB Control No. 3235-0214.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 17a-7 [17 CFR 270.17a-7] under the Investment Company Act of
1940 (the ``Act'') is entitled ``Exemption of certain purchase or sale
transactions between an investment company and certain affiliated
persons thereof.'' It provides an exemption from section 17(a) of the
Act for purchases and sales of securities between registered investment
companies (``funds''), that are affiliated persons (``first-tier
affiliates'') or affiliated persons of affiliated persons (``second-
tier affiliates''), or between a fund and a first-or second-tier
affiliate other than another fund, when the affiliation arises solely
because of a common investment adviser, director, or officer. Rule 17a-
7 requires funds to keep various records in connection with purchase or
sale transactions effected in reliance on the rule. The rule requires
the fund's board of directors to establish procedures reasonably
designed to ensure that the rule's conditions have been satisfied. The
board is also required to determine, at least on a quarterly basis,
that all affiliated transactions effected during the preceding quarter
in reliance on the rule were made in compliance with these established
procedures. If a fund enters into a purchase or sale transaction with
an affiliated person, the rule requires the fund to compile and
maintain written records of the transaction.\1\ The Commission's
examination staff uses these records to evaluate for compliance with
the rule.
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    \1\ The written records are required to set forth a description
of the security purchased or sold, the identity of the person on the
other side of the transaction, and the information or materials upon
which the board of directors' determination that the transaction was
in compliance with the procedures was made.
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    The Commission estimates that approximately 968 funds enter into
transactions effected in reliance on rule 17a-7 each year and,
therefore, are subject to the rule's information collection
requirements.\2\ The average annual burden for rule 17a-7 is estimated
to be approximately two burden hours per respondent, for an annual
total of 1935 burden hours for all respondents.\3\ The estimates of
burden hours are made solely for the purposes of the Paperwork
Reduction Act, and are not derived from a comprehensive or even a
representative survey or study of the costs of Commission rules.
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    \2\ These estimates are based on conversations with the
examination and inspections staff of the Commission and fund
representatives. Based on these conversations, the Commission staff
estimates that most investment companies (3870 of the estimated 4300
registered investment companies) have adopted procedures for
compliance with rule 17a-7. Of these 3870 investment companies, the
Commission staff estimates that each year approximately 25% (968)
enter into transactions affected by rule 17a-7.
    \3\ This estimate is based in turn on the staff's estimate that
the approximately 968 funds that rely on rule 17a-7 annually engage
in an average of 8 rule 17a-7 transactions and spend approximately
15 minutes per transaction on recordkeeping required by the rule.
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    Rule 17a-7 requires investment companies to maintain and preserve
permanently a written copy of the procedures governing rule 17a-7
transactions. In addition, investment companies are required to
maintain written records of each rule 17a-7

transaction for a period of not less than six years from the end of the
fiscal year in which the transaction occurred. The collection of
information required by rule 17a-7 is necessary to obtain the benefits
of the rule. Responses will not be kept confidential. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid control
number.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Office of Information Technology, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549.

    Dated: November 17, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. E5-6539 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2005 VA 0016; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to the Ambient Air Quality Standards AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State Implementation Plan ( SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to the amendments of the Commonwealth's existing ambient air quality standards. EPA is approving this SIP revision in accordance with the Clean Air Act ( CAA or Act).

EFFECTIVE DATE: This final rule is effective on [ insert date 30 days from date of publication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPAR03 OAR 2005 VA 0016. All documents in the docket are listed in the www. regulations. gov website. Although listed in the electronic docket, some information is not publicly available, i. e.,

confidential business information ( CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www. regulations. gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency,

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are 2 available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond,

Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, ( 215) 814 2182, or by e mail at quinto. rose@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On January 6, 2006 ( 71 FR 892), EPA published a notice of proposed rulemaking ( NPR) for the Commonwealth of Virginia. The NPR proposed approval of the amendments to the Commonwealth's existing ambient air quality standards, 9 VAC 5 Chapter 30. The formal SIP revision was submitted by the Virginia Department of Environmental Quality ( VADEQ) on September 26, 2005.

II. Summary of SIP Revision The Commonwealth's SIP revision incorporates the 1997 national ambient air quality standards ( NAAQS) for the 8 hour ozone and PM 2.5 into the Virginia Regulations for the Control and Abatement of Air Pollution: 9 VAC 5 Chapter 30, Ambient Air Quality Standards. The other SIP revisions incorporated into 9 VAC 5 Chapter 30, are amendments to the ambient air quality standards for sulfur dioxide, carbon monoxide, ozone ( 1 hour), PM 10 , nitrogen dioxide, and lead to make the state regulation consistent with 40 CFR part 50. 3 Other specific requirements of Regulation 9 VAC 5 Chapter 30 and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR.

III. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment ( audit) " privilege"' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed.

Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information ( 1) that are generated or developed before the commencement of a voluntary environmental assessment; ( 2) that are prepared independently of the assessment process; ( 3) that demonstrate a clear, imminent and substantial danger to the public health or environment; or ( 4) that are required by law. 4 On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1 1198, precludes granting a privilege to documents and information " required by law," including documents and information " required by Federal law to maintain program delegation, authorization or approval," since Virginia must " enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts. . . ." The opinion concludes that "[ r] egarding § 10.1

1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval."

Virginia's Immunity law, Va. Code Sec. 10.1 1199, provides that "[ t] o the extent consistent with requirements imposed by Federal law," any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since " no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity."

Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any 5 event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the Clean Air Act, including, for example, sections 113,

167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by this, or any, state audit privilege or immunity law.

IV. Final Action EPA is approving the amendments to the existing air quality standards, 9 VAC 5 Chapter 30, as a revision to the Virginia SIP submitted on September 26, 2005.

V. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22, 2001). 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 6 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 ( Public Law 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 requirement, 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), because it is not economically significant.

In reviewing SIP submissions, 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 7 National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) 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.).

B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a " major rule" as defined by 5 U. S. C. 804( 2).

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. 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. 8 This action pertaining to the amendments of Virginia's ambient air quality standards, 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, Carbon monoxide, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds.

/ s/ _____________ ___________________________ Dated: February 22, 2006 William Early, Acting Regional Administrator, Region III. 9 40 CFR part 52 is amended as follows:

PART 52  [ AMENDED]

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

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

Subpart VV  Virginia 2. In § 52.2420, the table in paragraph ( c) is amended by adding and revising the entries for Chapter 30 to read as follows:

§ 52.2420 Identification of plan.

* * * * *

( c) * * *

EPA APPROVED VIRGINIA REGULATIONS AND STATUTES State citation ( 9 VAC 5) Title/ subject State effective date EPA approval date Explanation [ former SIP citation]

* * * * * * *

Chapter 30 Ambient Air Quality Standards [ Part III]

5 30 10 General 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

5 30 30 Sulfur oxides ( sulfur dioxide) 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins] State citation ( 9 VAC 5) Title/ subject State effective date EPA approval date Explanation [ former SIP citation]

10 5 30 40 Carbon Monoxide 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

5 30 50 Ozone ( 1 hour) 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

5 30 55 Ozone ( 8 hour) 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins] Added Section 5 30 60 Particulate Matter ( PM 10 ) 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

5 30 65 Particulate Matter 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins] Added Section 5 30 70 Nitrogen dioxide 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

5 30 80 Lead 9/ 8/ 04 [ Insert Federal Register publication date] [ Insert page number where the document begins]

* * * * * * *

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[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58216-58217]
[FR Doc No: 2012-22781]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Applications for Modification of Special Permit

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

ACTION: List of Applications for Modification of Special Permits

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before October 4, 2012.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on September 10, 2012
Donald Burger,
Chief, General Approval and Permits.

                                          Modification Special Permits
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                                     Docket                            Regulation(s)        Nature of special
       Application number            number         Applicant             affected            permit thereof
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11470-M.........................  ...........  Veolia ES Technical  49 CFR               To modify the special
                                                Solutions, L.L.C.,   172.301(a)(2).       permit to authorize
                                                Flanders, NJ.                             revising the marking
                                                                                requirements.
12396-M.........................  ...........  National             49 CFR 173.34(d);    To modify the special
                                                Aeronautics &        173.302(a); 175.3.   permit to authorize
                                                Space                                     rail freight, cargo
                                                Administration,                           vessel, and passenger
                                                Washington, DC.                           aircraft as additional
                                                                                modes of operation.
13998-M.........................  ...........  3AL Testing Corp.,   49 CFR 172.203(a);   To modify the special
                                                Centennial, CO.      172.302a(b)(2),      permit to authorize
                                                                     (4)(5);              the ultrasonic
                                                                     180.205(f)(g);       examination of ISO
                                                                     180.209(a),          9809-2 cylinders, and
                                                                     (b)(1)(iv).          the removal of Gulf
                                                                                Coast Hydrostatic
                                                                                Tests as an agent.
14227-M.........................  ...........  Aluminum Tank        49 CFR 177.834(h),   To modify the special
                                                Industries, Inc.,    178.700.             permit to authorize
                                                Winter Haven, FL.                         pumps and hoses
                                                                                attached to discharge
                                                                                outlets during
                                                                                transportation if
                                                                                certain requirements
                                                                                are met.
14562-M.........................  ...........  The Lite Cylinder    49 CFR               To modify the special
                                                Company, Franklin,   173.304a(a)(1).      permit to authorize
                                                TN.                                       the maximum service
                                                                                pressure be raised to
                                                                                400 psi, for
                                                                                nonflammable
                                                                                refrigerant gases
                                                                                only, for their
                                                                                smallest unit.
14656-M.........................  ...........  PurePak Technology   49 CFR               To modify the special
                                                Corporation,         173.158(f)(3).       permit to authorize a
                                                Chandler, AZ.                             2.6 liter capacity
                                                                                square plastic bottle
                                                                                and to allow use of a
                                                                                500 ml round plastic
                                                                                bottle.
14808-M.........................  ...........  Amtro Alfa           49 CFR 178.51(b),    To modify the special
                                                Metalomecanica SA,   (f)(1) and (2) and   permit to authorize an
                                                Portugal.            (g).                 additional 2.1
                                                                                material.
15468-M.........................  ...........  Prism Helicopters    49 CFR 172.101       To modify the special
                                                Inc., Wasilla, AK.   Column (9B).         permit to authorize
                                                                                the transportation
                                                                                beyond the state of
                                                                                Alaska.
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[FR Doc. 2012-22781 Filed 9-18-12; 8:45 am]
BILLING CODE 4909-60-M