[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20902-20903]
[FR Doc No: 2013-08062]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC13-56-001.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation resubmits
compliance filing to the January 29, 2013 Commission Order.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5243.
    Comments Due: 5 p.m. ET 4/18/13.

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

    Docket Numbers: ER10-1707-002; ER11-3623-001; ER11-3460-003.
    Applicants: Hess Corporation, Hess Small Business Services LLC,
Bayonne Energy Center, LLC.
    Description: Supplement to January 24, 2013 Notice of Change in
Status of Hess Corporation, et al.
    Filed Date: 2/25/13.
    Accession Number: 20130225-5158.
    Comments Due: 5 p.m. ET 4/19/13.

    Docket Numbers: ER13-894-000.
    Applicants: Puget Sound Energy, Inc.
    Description: FCSP ER11-3735 and ER13-894 to be effective N/A.
    Filed Date: 3/25/13.
    Accession Number: 20130325-5120.
    Comments Due: 5 p.m. ET 4/15/13.

    Docket Numbers: ER13-1047-001.
    Applicants: Tesoro Refining & Marketing Company LLC.
    Description: Amended MBR Tariff Filing to be effective 5/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5217.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1101-001.
    Applicants: Spectrum Nevada Solar, LLC.
    Description: Amendment to Application and Initial Baseline Tariff
Filing to be effective 4/24/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5178.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1105-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Joint OATT Florida CWIP Filing Amendment to be
effective 7/2/2012.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5167.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1175-000.
    Applicants: Wyoming Colorado Intertie, LLC.
    Description: Revision to WCI--WWP Revised TSA to be effective 3/29/
2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5185.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1176-000.
    Applicants: New England Power Company.
    Description: Interconnection Agreement Between New England

Power Co. and Ware Cogen to be effective 3/15/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5196.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1177-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: Revisions to the PJM OATT, OA & RAA re EKPC
Integration to be effective 6/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5210.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1178-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: Revisions to the PJM CTOA re EKPC Integration to be
effective 6/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5212.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1179-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: EKPC submits PJM SAs 3517 and 3518 re EKPC Integration
to be effective 6/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5213.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1180-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp Energy Carbon Decommissioning Construction
Agmt to be effective 3/29/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5222.
    Comments Due: 5 p.m. ET 4/18/13.

    Docket Numbers: ER13-1181-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 03-28-2013 Attachment O-ATCLLC to be effective 5/27/
2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5240.
    Comments Due: 5 p.m. ET 4/18/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 29, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-08062 Filed 4-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Page 30668]
[FR Doc No: 2014-12223]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72205; File Nos. SR-NYSE-2013-72; SR-NYSEMKT-2013-91]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; Notice of Designation of Longer Period for Commission Action
on Proceedings To Determine Whether To Disapprove Proposed Rule Changes
To Establish an Institutional Liquidity Program on a One-Year Pilot
Basis

May 21, 2014.
    On November 7, 2013, New York Stock Exchange LLC (``NYSE'') and
NYSE MKT LLC (``NYSE MKT'') (together, the ``Exchanges'') each filed
with the Securities and Exchange Commission (``Commission'') pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to establish
an Institutional Liquidity Program (``ILP'' or ``Program'') on a one-
year pilot basis. The proposed rule changes were published for comment
in the Federal Register on November 27, 2013.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 70909 (November 21,
2013), 78 FR 71002 (SR-NYSE-2013-72) (``NYSE Proposal''); and 70910
(November 21, 2013), 78 FR 70992 (SR-NYSEMKT-2013-91) (``NYSE MKT
Proposal'') (collectively, the ``Proposals'').
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    The Commission received three comments on the NYSE Proposal.\4\ On
January 9, 2014, the Commission designated a longer period for
Commission action on the proposed rule changes, until February 25,
2014.\5\ The Exchanges submitted a consolidated response letter on
January 14, 2014.\6\ On February 25, 2014, the Commission instituted
proceedings to determine whether to disapprove the Proposals.\7\
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    \4\ See Letters to the Commission from James Allen, Head, and
Rhodri Pierce, Director, Capital Markets Policy, CFA Institute (Dec.
18, 2013) (``CFA Letter''); Clive Williams, Vice President and
Global Head of Trading, Andrew M. Brooks, Vice President and Head of
U.S. Equity Trading, and Christopher P. Hayes, Vice President and
Legal Counsel, T. Rowe Price Associates, Inc. (Dec. 18, 2013) (``T.
Rowe Price Letter''); and Theodore R. Lazo, Managing Director and
Associate General Counsel, Securities Industry and Financial Markets
Association (Dec. 20, 2013) (``SIFMA Letter''). The Commission notes
that these comment letters address the NYSE Proposal only. However,
since the Proposals are nearly identical, the Commission will
consider the letters to address the NYSE MKT Proposal as well.
    \5\ See Securities Exchange Act Release No. 71267, 79 FR 2738
(January 15, 2014).
    \6\ See Letter to the Commission from Janet McGinnis, EVP &
Corporate Secretary, NYSE Euronext (Jan. 14, 2014) (``Response
Letter'').
    \7\ See Securities Exchange Act Release No. 71609, 79 FR 11849
(March 3, 2014) (``Order Instituting Proceedings'').
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    Section 19(b)(2) of the Act \8\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule changes not later than 180 days after
the date of publication of notice of their filing. The Commission,
however, may extend the period for issuing an order approving or
disapproving the proposed rule changes by up to 60 days if the
Commission determines that a longer period is appropriate and publishes
the reasons for such determination. In this case, the proposed rule
changes were published for notice and comment in the Federal Register
on November 27, 2013; May 26, 2014, is 180 days from that date, and
July 25, 2014, is 240 days from that date.
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    \8\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule changes so that it has sufficient time to consider the Program and
the issues that commenters have raised concerning the Program.
Specifically, as the Commission observed in the Order Instituting
Proceedings, the Proposals raise several notable issues, including
whether the Program would create undue complexity or segment order flow
in a manner that might inhibit price discovery and order interaction.
The Commission's resolution of these issues could have an impact on
overall market structure. As a result, the Commission continues to
evaluate whether the Proposals are consistent with the requirements of
the Act.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\9\ designates July 25, 2014, as the date by which the Commission
shall either approve or disapprove the proposed rule changes (File Nos.
SR-NYSE-2013-72 and SR-NYSEMKT-2013-91).
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    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(57).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12223 Filed 5-27-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80932-80933]
[FR Doc No: 2011-33125]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2004-0013; FRL 9509-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; EPA Strategic Plan Information on
Source Water Protection (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 26,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2004-0013, to (1) EPA online using http://www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket,
Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Beth Hall, Drinking Water Protection
Division--Prevention Branch, Office of Ground Water and Drinking Water
(MC 4606M), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 16, 2011 (76 FR 50726), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received two (2) comments during
the comment period, which are addressed in the ICR. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2004-0013, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA/DC 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 Reading Room is (202) 566-
1744, and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: EPA Strategic Plan Information on Source Water Protection
(Renewal).
    ICR numbers: EPA ICR No. 1816.05, OMB Control No. 2040-0197.
    ICR status: This ICR is currently scheduled to expire on December
31, 2011. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. 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 OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: EPA is collecting, on a voluntary basis, data from the
States on their progress toward substantial implementation of
prevention strategies for all community water systems (CWSs). The
information to be collected will help states and EPA understand the
progress toward the Agency's goal of increasing the number of CWSs (and
the populations they serve) with minimized risk to public health
through development and implementation of source water protection
strategies for source water areas. The Safe Drinking Water Act, while
authorizing the generation of this data, does not require the
implementation of source water protection programs by States. Section
1452 of the Safe Drinking Water Act allows the use of Drinking Water
State Revolving Fund monies for support efforts in the information
collection.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 27.6
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: State environmental and health
agencies.
    Estimated Number of Respondents: 51.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 1,408.
    Estimated Total Annual Cost: $58,325; all of this cost is
associated with labor; there are no capital investment or maintenance
and operational costs associated with this ICR.
    Changes in the Estimates: There is a decrease of 308 hours in the
total estimated annual respondent burden compared with that identified
in the ICR currently approved by OMB. This decrease results from
reduced labor burden associated with automated reporting of progress
toward developing and implementing prevention strategies for all
community water systems via the Safe Drinking Water Information System
(SDWIS). EPA estimates that at least 11 states will incur reduced
burden by using the capabilities of SDWIS to

report to EPA on the status of contamination prevention efforts in
their states.

    Dated: December 16, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-33125 Filed 12-23-11; 8:45 am]
BILLING CODE 6560-50-P


( f) Existing vessel refers to any vessel on which construction was initiated before January 30, 1975;

( g) Fecal coliform bacteria are those organisms associated with the intestines of warm blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing human disease.

§ 140.2 Scope of standard.

The standard adopted herein applies only to vessels on which a marine sanitation device has been installed. The standard does not require the installation of a marine sanitation device on any vessel that is not so equipped. The standard applies to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security.

§ 140.3 Standard.

( a) ( 1) In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices certified by the U. S. Coast Guard ( see 33 CFR part 159, published in 40 FR 4622, January 30, 1975), installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage. This shall not be construed to prohibit the carriage of Coast Guard certified flow through treatment devices which have been secured so as to prevent such discharges.

( 2) In all other waters, Coast Guard certified marine sanitation devices installed on all vessels shall be designed and operated to either retain, dispose of, or discharge sewage. If the device has a discharge, subject to paragraph ( d) of this section, the effluent shall not have a fecal coliform bacterial count of greater than 1,000 per 100 milliliters nor visible floating solids. Waters where a Coast Guard certified marine sanitation device permitting discharge is allowed include coastal waters and estuaries, the Great Lakes and inter connected waterways, fresh water lakes and impoundments accessible through locks, and other flowing waters that are navigable interstate by vessels subject to this regulation.

( b) This standard shall become effective on January 30, 1977 for new vessels and on January 30, 1980 for existing vessels ( or, in the case of vessels owned and operated by the Department of Defense, two years and five years, for new and existing vessels, respectively, after promulgation of implementing regulations by the Secretary of Defense under section 312( d) of the Act).

( c) Any vessel which is equipped as of the date of promulgation of this regulation with a Coast Guard certified flow through marine sanitation device meeting the requirements of paragraph ( a)( 2) of this section, shall not be required to comply with the provisions designed to prevent the overboard discharge of sewage, treated or untreated, in paragraph ( a)( 1) of this section, for the operable life of that device.

( d) After January 30, 1980, subject to paragraphs ( e) and ( f) of this section, marine sanitation devices on all vessels on waters that are not subject to a prohibition of the overboard discharge of sewage, treated or untreated, as specified in paragraph ( a)( 1) of this section, shall be designed and operated to either retain, dispose of, or discharge sewage, and shall be certified by the U. S. Coast Guard. If the device has a discharge, the effluent shall not have a fecal coliform bacterial count of greater than 200 per 100 milliliters, nor suspended solids greater than 150 mg/ 1.

( e) Any existing vessel on waters not subject to a prohibition of the overboard discharge of sewage in paragraph ( a)( 1) of this section, and which is equipped with a certified device on or before January 30, 1978, shall not be required to comply with paragraph ( d) of this section, for the operable life of that device.

( f) Any new vessel on waters not subject to the prohibition of the overboard discharge of sewage in paragraph ( a)( 1) of this section, and on which construction is initiated before January 31, 1980, which is equipped with a marine sanitation device before January 31, 1980, certified under paragraph ( a)( 2) of this section, shall not be required to comply with paragraph ( d) of this section, for the operable life of that device.

( g) The degrees of treatment described in paragraphs ( a) and ( d) of this section are " appropriate standards" for purposes of Coast Guard and Department of Defense certification pursuant to section 312( g)( 2) of the Act.

[ 41 FR 4453, Jan. 29, 1976, as amended at 60 FR 33932, June 29, 1995]

§ 140.4 Complete prohibition.

( a) Prohibition pursuant to CWA section 312( f)( 3): a State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into some or all of the waters within such State by making a written application to the Administrator, Environmental Protection Agency, and by receiving the Administrator's affirmative determination pursuant to section 312( f)( 3) of the Act. Upon receipt of an application under section 312( f)( 3) of the Act, the Administrator will determine within 90 days whether adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels using such waters are reasonably available. Applications made by States pursuant to section 312( f)( 3) of the Act shall include:

( 1) A certification that the protection and enhancement of the waters described in the petition require greater environmental protection than the applicable Federal standard;

( 2) A map showing the location of commercial and recreational pump out facilities;

( 3) A description of the location of pump out facilities within waters designated for no discharge;

( 4) The general schedule of operating hours of the pump out facilities; ( 5) The draught requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility;

( 6) Information indicating that treatment of wastes from such pump out facilities is in conformance with Federal law; and ( 7) Information on vessel population and vessel usage of the subject waters.

( b) Prohibition pursuant to CWA section 312( f)( 4)( A): a State may make a written application to the Administrator, Environmental Protection Agency, under section 312( f)( 4)( A) of the Act, for the issuance of a regulation completely prohibiting discharge from a vessel of any sewage, whether treated or not, into particular waters of the United States or specified portions thereof, which waters are located within the boundaries of such State. Such application shall specify with particularly the waters, or portions thereof, for which a complete prohibition is desired. The application shall include identification of water recreational areas, drinking water intakes, aquatic sanctuaries, identifiable fish spawning and nursery areas, and areas of intensive boating activities. If, on the basis of the State's application and any other information available to him, the Administrator is unable to make a finding that the waters listed in the application require a complete prohibition of any discharge in the waters or portions thereof covered by the application, he shall state the reasons why he cannot make such a finding, and shall deny the application. If the Administrator makes a finding that the waters listed in the application require a complete prohibition of any discharge in all or any part of the waters or portions thereof covered by the State's application, he shall publish notice of such findings together with a notice of proposed rule making, and then shall proceed in accordance with 5 U. S. C. 553. If the Administrator's finding is that applicable water quality standards require a complete prohibition covering a more restricted or more expanded area than that applied for by the State, he shall state the reasons why his finding differs in scope from that requested in the State's application.

( 1) For the following waters the discharge from a vessel of any sewage ( whether treated or not) is completely prohibited pursuant to CWA section 312( f)( 4)( A):

( i) Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest, Minnesota, as described in 16 U. S. C. 577 B 577d1.

( ii) Waters of the State of Florida within the boundaries of the Florida Keys National Marine Sanctuary as delineated on a map of the Sanctuary at http:// www. fknms. nos. noaa. gov/.

( c)( 1) Prohibition pursuant to CWA section 312( f)( 4)( B): A State may make written application to the Administrator of the Environmental Protection Agency under section 312( f)( 4)( B) of the Act for the issuance of a regulation establishing a drinking water intake no discharge zone which completely prohibits discharge from a vessel of any sewage, whether treated or untreated, into that zone in particular waters, or portions thereof, within such State. Such application shall:

( i) Identify and describe exactly and in detail the location of the drinking water supply intake( s) and the community served by the intake( s), including average and maximum expected amounts of inflow;

( ii) Specify and describe exactly and in detail, the waters, or portions thereof, for which a complete prohibition is desired, and where appropriate, average, maximum and low flows in million gallons per day ( MGD) or the metric equivalent;

( iii) Include a map, either a USGS topographic quadrant map or a NOAA nautical chart, as applicable, clearly marking by latitude and longitude the waters or portions thereof to be designated a drinking water intake zone; and ( iv) Include a statement of basis justifying the size of the requested drinking water intake zone, for example, identifying areas of intensive boating activities.

( 2) If the Administrator finds that a complete prohibition is appropriate under this paragraph, he or she shall publish notice of such finding together with a notice of proposed rulemaking, and then shall proceed in accordance with 5 U. S. C. 553. If the Administrator's finding is that a complete prohibition covering a more restricted or more expanded area than that applied for by the State is appropriate, he or she shall also include a statement of the reasons why the finding differs in scope from that requested in the State's application.

( 3) If the Administrator finds that a complete prohibition is inappropriate under this paragraph, he or she shall deny the application and state the reasons for such denial.

( 4) For the following waters the discharge from a vessel of any sewage, whether treated or not, is completely prohibited pursuant to CWA section 312( f)( 4)( B):

( i) Two portions of the Hudson River in New York State, the first is bounded by an east west line through the most northern confluence of the Mohawk River which will be designated by the Troy Waterford Bridge ( 126th Street Bridge) on the south and Lock 2 on the north, and the second of which is bounded on the north by the southern end of Houghtaling Island and on the south by a line between the Village of Roseton on the western shore and Low Point on the eastern shore in the vicinity of Chelsea, as described in Items 2 and 3 of 6 NYCRR Part 858.4.

( ii) [ Reserved]

[ 41 FR 4453, Jan. 29, 1976, as amended at 42 FR 43837, Aug. 31, 1977; 60 FR 63945, Dec. 13, 1995; 63 FR 1320, Jan. 8, 1998; 67 FR 35743, May 21, 2002]

§ 140.5 Analytical procedures.

In determining the composition and quality of effluent discharge from marine sanitation devices, the procedures contained in 40 CFR part 136, " Guidelines Establishing Test Procedures for the Analysis of Pollutants," or subsequent revisions or amendments thereto, shall be employed.