[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46154-46156]
[FR Doc No: 2016-16771]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0002-N-14]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces FRA is forwarding the renewal of the information collection
requirements (ICR) abstracted below to the Office of Management and
Budget (OMB) for review and comment. The ICR describes the nature of
the information collection and its expected burden. On February 25,
2016, OMB approved Form FRA F 1680.167 for 180 days under emergency
clearance procedures. FRA seeks regular clearance of this form for the
maximum period (3 years) to comply with Fixing America's Surface
Transportation Act (FAST Act) requirements. The Federal Register notice
with a 60-day comment period soliciting comments on the following
collection of information was published on March 24, 2016.

DATES: Comments must be submitted on or before August 15, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Safety
Regulatory Analysis Division, RRS-21, Federal Railroad Administration,
1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202)
493-6292, or Ms. Kimberly Toone, Information Collection Clearance
Officer, Office of Administration, Office of Information Technology,
RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE.,
Mail Stop 35, Washington, DC 20590,<PHONE_NUMBER>. These telephone
numbers are not toll-free.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, Title 5 Code of Federal Regulations (CFR)
part 1320, require Federal agencies to issue two notices seeking public
comment on information collection activities before OMB may approve
paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), and 1320.12. On March 24, 2016, FRA published a 60-day
notice in the Federal Register soliciting comment on ICRs for which the
agency is seeking OMB approval. See 81 FR 15781. FRA

received no comment in response to that notice. However, FRA did
receive a comment from the Association of American Railroads (AAR) on
February 26, 2016, in response to FRA's February 19, 2016, Federal
Register notice (see 81 FR 8588) requesting Emergency Clearance from
OMB for the information collection activities described below. FRA is
responding to that comment now.
    AAR commented that FRA expects the railroads will provide
information on (i) the type of bridge (superstructure) and (ii) type of
structure (substructure). AAR states ``there are different
interpretations of these terms that fulfill the requirements of the
FAST Act, including that the `type of bridge' means its material
composition and `type of structure' means its superstructure.'' FRA
finds that AAR's comment is reasonable and FRA will interpret ``type of
bridge'' to mean its material composition and ``type of structure'' to
mean its superstructure. As examples, the combination of type of bridge
and structure could yield descriptions such as: Stone Arch, Steel
Through Plate Girder on Concrete Abutments, Steel Multi-beams on Stone
Abutments and Steel Column Bents, and Concrete Box Beams on Reinforced
Concrete Piers and Abutments.
    Additionally, AAR commented that FRA will require railroads to
respond to the inspection report request within 30 days. AAR explains
that ``as the FAST Act does not require a railroad to respond to a
request in a set time period, FRA should allow a railroad additional
time to respond to a request for multiple public bridge inspection
reports.'' FRA believes that 30 days is sufficient time for railroads
to respond. However, FRA will consider longer periods on a case-by-case
basis if there are extenuating circumstances.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. See 44 U.S.C.
3507(b), 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. See 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see
also 60 FR 44978, 44983, August 29, 1995. OMB believes that the 30-day
notice informs the regulated community to file relevant comments and
affords the agency adequate time to digest public comments before it
renders a decision. See 60 FR 44983, August 29, 1995. Therefore,
respondents should submit their respective comments to OMB within 30
days of publication to best ensure having their full effect. See 5 CFR
1320.12(c); see also 60 FR 44983, August 29, 1995.
    The summary below describes the ICR and its expected burden. The
renewal request is being submitted for OMB clearance as the PRA
requires.
    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: On December 4, 2015, U.S. President Barack Obama signed
the FAST Act into law (Pub. L. 114-94). Section 11405, Bridge
Inspection Reports, provides a means for a State or a political
subdivision of a State to obtain a public version of a bridge
inspection report generated by a railroad for a bridge located within
its respective jurisdiction. While the FAST Act specifies that requests
for such reports must be filed with the Secretary of Transportation,
the responsibility for fulfilling these requests is delegated to FRA.
See 49 CFR 1.89.
    FRA previously revised its currently approved information
collection to account for the additional burden States and political
subdivisions of States will incur for requesting a public version of a
bridge inspection report generated by a railroad for a bridge located
within its respective jurisdiction. FRA developed a new form titled
``Bridge Inspection Report Public Version Request Form'' to facilitate
such State and their political subdivisions' requests. Additionally,
FRA revised its currently approved information collection to account
for the additional burden railroads will incur to provide the public
version of a bridge inspection report upon FRA request.
    As background, on July 15, 2010, FRA published its Bridge Safety
Standards Final Rule. See 75 FR 41281. The final rule on bridge safety
standards normalized and established Federal requirements for railroad
bridges. The final rule establishes minimum requirements to assure the
structural integrity of railroad bridges and to protect the safe
operation of trains over those bridges. The final rule requires
railroads/track owners to implement bridge management programs to
prevent the deterioration of railroad bridges and to reduce the risk of
human casualties, environmental damage, and disruption to the Nation's
transportation system that would result from a catastrophic bridge
failure. Bridge management programs must include annual inspection of
bridges as well as special inspections, which must be conducted if
natural or accidental events cause conditions that warrant such
inspections. Lastly, the final rule requires railroads/track owners to
audit bridge management programs and bridge inspections and to keep
records mandated under 49 CFR part 237, Bridge Safety Standards. This
final rule culminated FRA's efforts to develop and promulgate bridge
safety regulations and fulfilled the Rail Safety Improvement Act of
2008 (Pub. L. 110-432, Division A) mandate.
    FRA uses the information collected to ensure railroads/track owners
meet Federal standards for bridge safety and comply with all the
requirements of this regulation. In particular, FRA uses the collection
of information to confirm that railroads/track owners adopt and
implement bridge management programs to properly inspect, maintain,
modify, and repair all bridges that carry trains over them and for
which they are responsible. Railroads/track owners must conduct annual
inspections of railroad bridges. Further, railroads/track owners must
incorporate provisions for internal audits into their bridge management
program and must conduct internal audits of bridge inspection reports.
Railroads/track owners use the internal audit information to verify the
inspection provisions of the bridge management program are being
followed and to continually evaluate the effectiveness of their bridge
management program and bridge inspection activities. FRA uses this
information to ensure railroads/track owners implement a safe and
effective bridge management program and bridge inspection regime.
    Type of Request: Extension without change of a currently approved
information collection under regular clearance procedures.
    Affected Public: Businesses (Railroads).
    Form(s): Form FRA F 6180.167.
    Total Annual Estimated Responses for New FAST Act Requirements:
150.
    Total Annual Estimated Responses for Entire Information Collection:
49,271.
    Total Annual Estimated Burden for New FAST Act Requirements: 81
hours.
    Total Annual Estimated Burden for Entire Information Collection:
224,689 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC 20503,
Attention: FRA Desk Officer. Comments may also be sent via email to OMB
at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including (i) whether the information
will have practical utility; (ii) the accuracy of the

Department's estimates of the burden of the proposed information
collections; (iii) ways to enhance the quality, utility, and clarity of
the information to be collected; and (iv) ways to minimize the burden
of the collections of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on July 12, 2016.
Corey Hill,
Executive Director.
[FR Doc. 2016-16771 Filed 7-14-16; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68472-68474]
[FR Doc No: 2020-22527]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0255; FRL-10013-47-Region 1]

Air Plan Approval; Connecticut; Control of Particulate Matter and
Visible Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. This revision amends a Connecticut air-quality regulation
for controlling particulate matter (PM) and visible emissions. The
intended effect of this action is to define the process industries and
activities to which this regulation applies, and to make technical
corrections to an emission-rate calculation method. This action is
being taken in accordance with the Clean Air Act.

DATES: This rule is effective on November 30, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0255. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office

Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 29th, 2020 (85 FR 38830), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM
proposed approval of amendments to Regulations of Connecticut State
Agencies (RCSA) section 22a-174-18, Control of particulate matter (PM)
and visible emissions. The formal SIP revision was submitted by
Connecticut on October 19, 2018. The revision consists of amendments to
subsections (c), (f), and (j) to define the process industries and
activities to which this regulation applies, to make technical
corrections to an emission-rate calculation method, and to make minor,
non-substantive modifications in regulatory language. The rationale for
EPA's proposed action is given in the NPRM and will not be restated
here.

II. Response to Comments

    EPA received three comments during the comment period. The comments
we received discuss subjects outside the scope of the action on this
Connecticut air-quality regulation, do not explain (or provide a legal
basis for) how the proposed action should differ in any way, and,
indeed, make no specific mention of the proposed action. Consequently,
the received comments are not germane to this rulemaking and require no
further response.

III. Final Action

    EPA is approving, and incorporating into the Connecticut SIP, the
revisions to subsections (c), (f), and (j) of RCSA section 22a-174-18,
Control of Particulate Matter and Visible Emissions, effective on
August 3, 2018, submitted to EPA on October 19, 2018.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing incorporation by reference into the
Connecticut SIP the Connecticut regulation referenced in Section III
above. The EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at the EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 28, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 30, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(124) to read as
follows:

Sec.  52.370   Identification of plan

* * * * *
    (c) * * *
    (124) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
October 19, 2018.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies Section 22a-174-18,
entitled ``Control of Particulate Matter and Visible Emissions,'' as
amended August 3, 2018, as follows:
    (1) 22a-174-18(c) Control of airborne particulate matter and
fugitive particulate matter;
    (2) 22a-174-18(f) Process industries--general; and
    (3) 22a-174-18(j)(1).
    (B) [Reserved].
    (ii) [Reserved]

0
3. In Sec.  52.385, Table 52.385 is amended by revising the entry in
state citations for ``22a-174-18'' to read as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
----------------------------------------------------------------------------------------------------------------
                                                   Dates
                                        --------------------------     Federal
  Connecticut state      Title/subject       Date         Date         Register       Section       Comments/
       citation                           adopted by  approved by      citation        52.370      description
                                            state          EPA
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
22a-174-18...........  Control of           8/3/2018   10/29/2020  [Insert Federal     (c)(124)  Approval of
                        Particulate                                 Register                      revisions to
                        Matter and                                  citation].                    subsections
                        Visible                                                                   (c), (f), and
                        Emissions.                                                                (j).

                                                  * * * * * * *
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[FR Doc. 2020-22527 Filed 10-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41549-41551]
[FR Doc No: 2011-17691]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 64845; File No. SR-Phlx-2011-90]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NASDAQ OMX PHLX LLC Relating to Board of Director
Qualifications

July 8, 2011.
    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 June 30, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``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, pursuant to Section 19(b)(1) of the Act \3\ and Rule
19b-4 thereunder,\4\ proposes to amend Exchange By-Law Article III,
Section 3-2 regarding Board of Director qualifications.
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    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Exchange By-Law
Article III, Section 3-2 to expand the qualifications for a director
position so that the Exchange's Board of Directors is comprised of
representatives of various interests. Specifically, the Exchange
proposes to amend the current provision of Section 3-2, regarding
issuer representative(s), to require at least one Director
representative of issuers and investors, along with the requisite
Public Directors,\5\ Industry Directors \6\ and Member Representative
Directors.\7\
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    \5\ See Exchange By-Law Article I(gg).
    \6\ See Exchange By-Law Article I(p).
    \7\ See Exchange By-Law Article I(w).
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    Currently, Article III, Section 3-2 provides: ``[T]he number of
Non-Industry Directors, including at least one Public Director and at
least one issuer representative (or if the Board consists of ten or
more Directors, at least two issuer representatives), shall equal or
exceed the sum of the number of Industry Directors and Member
Representative Directors to be elected under the terms of the LLC
Agreement.'' The Exchange recently adopted this provision to its By-
Laws.\8\
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    \8\ See Securities Exchange Act Release No. 64338 (April 25,
2011), 76 FR 24069 (April 29, 2011) (SR-Phlx-2011-13) (A rule
change, among other things, to conform the Exchange By-Laws to the
By-Laws of the NASDAQ Stock Market LLC).
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    The Exchange is now seeking to expand the requirement to have a
Director representative of issuers and investors instead of the
requirement to have at least one issuer representative (or if the Board
consists of ten or more Directors at least two issuer
representatives.\9\ The Director representative of issuers and
investors would be nominated by the Nominating Committee and elected by
the sole shareholder, The NASDAQ OMX Group, Inc.\10\
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    \9\ The Exchange believes that this qualification is more
appropriate for the Exchange which does not have the expansive
listings of the NASDAQ Stock Market LLC.
    \10\ See By-Law Article V, Section 5-3 and Article II, Section
2-1.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, because the composition of the Exchange's Board of Directors
fosters the protection of investors by insuring [sic] that they are
represented on the Board.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed Board composition satisfies
Section 6(b)(3) of the Act,\13\ in that one Director representative
represents issuers and investors. The Board composition continues to
provide for fair representation on the Exchange's board as required by
Section 6(b)(3) of the Act \14\ in that twenty percent of the Directors
represent members and there is a process for selecting Member
Representative Directors to the Board.\15\ Finally, the Public
Directors continue to ensure that no single group of market
participants has the ability to systematically disadvantage other
market participants through the Exchange's governance process and also
bring a unique, unbiased prospective to the Board. The Exchange
believes that this amendment continues to maintain the necessary board
requirements which serve to protect the public interest and provide for
fair representation of members.
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    \13\ 15 U.S.C. 78f(b)(3).
    \14\ 15 U.S.C. 78f(b)(3).
    \15\ See By-Law Article II.
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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.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-90. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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
a.m. and 3 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-2011-90 and should be
submitted on or before August 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17691 Filed 7-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48515-48516]
[FR Doc No: 2020-17503]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Amendment Application To Extend Expiration Date of
Interim Species Protection Plans and Soliciting Comments, Motions To
Intervene and Protests

Merimil Limited Partnership Project No. 2574-091
Hydro-Kennebec, LLC Project No. 2611-090
Brookfield White Pine Hydro, LLC Project Nos. 2322-070, 2325-097

    Take notice that the following amendment application has been filed
with the Commission and is available for public inspection:
    a. Application Type: Amendment of License.
    b. Project Nos: P-2574-091; P-2611-090; P-2322-070; P-2325-097.
    c. Date Filed: July 29, 2020
    d. Applicants: Merimil Limited Partnership; Hydro-Kennebec, LLC;
Brookfield White Pine Hydro, LLC.
    e. Name of Projects: Lockwood, Hydro-Kennebec, Shawmut, and Weston
Hydroelectric Projects.
    f. Locations: The projects are located on the lower Kennebec River
in Kennebec and Somerset Counties, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kelly Maloney, Licensing and Compliance
Manager, Brookfield White Pine Hydro, LLC, 150 Main Street, Lewiston,
ME 04240; telephone:<PHONE_NUMBER>.
    i. FERC Contact: Marybeth Gay,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: September 4, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests 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, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
numbers P-2574-091, P-2611-090, P-2322-070, and P-2325-097. Comments
emailed to Commission staff are not considered part of the Commission
record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Brookfield Power US Asset Management,
LLC (Brookfield), on behalf of the affiliated licensees for the
Lockwood (P-2574), Hydro-Kennebec (P-2611), Shawmut (P-2322), and
Weston (P-2325) Projects, requests that the expiration date of the
Interim Species Protection Plans (Interim Plans) for the four projects
be extended to coincide with the issuance date of a new license for the
Shawmut Project. The Commission approved the Interim Plan for the
Hydro-Kennebec Project on February 28, 2013, and extended the
expiration date of that plan on March 14, 2018. The Interim Plan for
the Lockwood, Shawmut, and Weston Projects was approved on May 19,
2016. The Interim Plans for the four projects expired on December 31,
2019. On December 31, 2019, Brookfield filed a proposed Final Species
Protection Plan (Final Plan) for the projects. On July 13, 2020,
Commission staff rejected Brookfield's Final Plan, explaining that
Brookfield needed to consult further with relevant state and federal
agencies before re-filing the Final Plan. On July 29, 2020, Brookfield
requested an extension to the expiration date of the Interim Plans to
allow for additional time to consult with the agencies on the Final
Plan. During the extended time, the licensees would continue the
protection measures contained in the Interim Plans until they are
supplanted by the Final Plan, and would continue to comply with the
terms and conditions contained in the respective Biological Opinions
issued for the Interim Plans.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: August 5, 2020.
Kimberly D. Bose,
Secretary.\1\
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    \1\ 18 CFR 2.1 (2019).
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[FR Doc. 2020-17503 Filed 8-10-20; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES Memorandum To: Margaret Stasikowski, Director, Health Effects Division Steven Bradbury, Director, Environmental Fate and Effects Division From: Debbie Edwards, Director, Special Review and Reregistration Division Subject: Nicosulfuron Use Closure Memo This memo serves as the nicosulfuron Use Closure Memo and clarifies its uses for the RED risk assessment. Nicosulfuron is a postemergence herbicide with registered uses for field, sweet and pop corn. After attaining confirmation of the single maximum use rate for Accent « , changes w ere made to BEAD   s Table A2 ( 2003) to reflect this correct rate because it is possible that the maximum s ingle application used is equivalent to the maximum seasonal rate. cc: David Hrdy, HED Larry Liu, EFED Jerry Stokes, HED Dave Jaquith, HED Abdallah Khasawinah, HED TABLE A2. FOOD/ FEED USE PATTERNS SUMMARY FOR Nicosulfuron ( CASE ) Current As Of: 08/ 03/ 2004 Page 1 of 5 SITE NAME LIMITATIONS Application Timing ( for any Reg.# at any rate) Application Type ( for any Reg.# at any rate) Application Equipment ( for any Reg.# at any rate) Max. Single Appl. Rate to a Single Site Max. Seasonal Rate Max. # Apps/ cc & yr M R I R E I PHI/ PGI/ PSI Use Limitations ( May not apply to all Reg. # s) CORN ( UNSPECIFIED) Do not apply through any type of irrigation system. Do not apply where runoff is likely to occur. Do not contaminate water by cleaning of equipment or disposal of equipment wash waters. Do not contaminate water, food, or feed by storage or disposal. For terrestrial uses, do not apply directly to water or to areas where surface w ater is present or to intertidal areas below the mean high water mark. Rotational/ plant back crop restriction. Early postemergence Band treatment/ Broadcast/ Low volume spray ( concentrate) Aircraft/ Ground ( L) .06248 lb A .06248 lb/ cc 2/ cc NS NS 12 h Geographic disallowable: CA CORN, FIELD 30 day( s) prefeeding interval. 30 day( s) pregrazing interval. 30 day( s) prefeeding interval. 30 day( s) pregrazing interval. 32 day( s) preharvest interval. 85 day( s) prefeeding interval. 85 day( s) pregrazing interval. 85 day( s) preharvest interval. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not apply through any type of irrigation system. Do not apply when drift is likely to occur. Do not apply where runoff is likely to occur. Do not contaminate water by cleaning of equipment or disposal of equipment wash waters. Do not contaminate water, food or feed. Do not contaminate water, food, or feed by storage or disposal. Drift and runoff may be hazardous to aquatic organisms in neighboring areas. Endangered species restriction. For terrestrial uses, do not apply directly to water or to areas where surface w ater is present or to intertidal areas below the mean high water mark. Groundwater restriction.

TABLE A2. FOOD/ FEED USE PATTERNS SUMMARY FOR Nicosulfuron ( CASE ) Current As Of: 08/ 03/ 2004 Page 2 of 5 SITE NAME LIMITATIONS Application Timing ( for any Reg.# at any rate) Application Type ( for any Reg.# at any rate) Application Equipment ( for any Reg.# at any rate) Max. Single Appl. Rate to a Single Site Max. Seasonal Rate Max. # Apps/ cc & yr M R I R E I PHI/ PGI/ PSI Use Limitations ( May not apply to all Reg. # s) Rotational/ plant back crop restriction. This pesticide is toxic to aquatic invertebrates. Early postemergence Band treatment/ Broadcast/ Low volume spray ( concentrate) Aircraft/ Ground ( L) .06248 lb A .06248 lb/ cc 2/ cc NS NS 12 h Geographic disallowable: CA Postemergence Soil band treatment/ Soil broadcast treatment/ Spray Aircraft/ Sprayer .06248 lb A .06248 lb/ cc 1/ cc NS NS 4 h Geographic allowable: CO IA KS MN NE OK SD TX Geographic disallowable: CA NY When needed Band treatment/ Broadcast Ground ( L) .06248 lb A .06248 lb/ cc 2/ cc NS NS 12 h CORN, POP 30 day( s) prefeeding interval. 30 day( s) pregrazing interval. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not apply through any type of irrigation system. Do not apply where runoff is likely to occur. Do not contaminate water by cleaning of equipment or disposal of equipment wash waters. Do not contaminate water, food, or feed by storage or disposal. For terrestrial uses, do not apply directly to water or to areas where surface w ater is present or to intertidal areas below the mean high water mark. Rotational/ plant back crop restriction. Early postemergence Band treatment/ Broadcast/ Low volume spray ( concentrate) Aircraft/ Ground ( L) .06248 lb A .06248 lb/ cc 2/ cc or year or split NS 12 h Geographic disallowable: CA Postemergence Soil band treatment/ Soil broadcast treatment/ Spray Aircraft/ Sprayer .06248 lb A .06248 lb/ cc NS NS NS 4 h Geographic disallowable: CA NY TABLE A2. FOOD/ FEED USE PATTERNS SUMMARY FOR Nicosulfuron ( CASE ) Current As Of: 08/ 03/ 2004 Page 3 of 5 SITE NAME LIMITATIONS Application Timing ( for any Reg.# at any rate) Application Type ( for any Reg.# at any rate) Application Equipment ( for any Reg.# at any rate) Max. Single Appl. Rate to a Single Site Max. Seasonal Rate Max. # Apps/ cc & yr M R I R E I PHI/ PGI/ PSI Use Limitations ( May not apply to all Reg. # s) CORN, SWEET 30 day( s) prefeeding interval. 30 day( s) pregrazing interval. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not apply through any type of irrigation system. Do not apply where runoff is likely to occur. Do not contaminate water by cleaning of equipment or disposal of equipment wash waters. Do not contaminate water, food, or feed by storage or disposal. Rotational/ plant back crop restriction. Geographic allowable: ID OR WA Postemergence Broadcast/ Directed spray Ground .06248 lb A .06248 lb/ cc 1/ cc NS NS 4 h TABLE A2. FOOD/ FEED USE PATTERNS SUMMARY FOR Nicosulfuron ( CASE ) Current As Of: 08/ 03/ 2004 Page 4 of 5 PRODUCT NUMBERS CONTAINED IN THIS REPORT 000352 00560, 000352 00572, 000352 00585, 000352 00593, 000352 00608, 000352 006 12, 000352 00619, 007969 00166, 007969 00175, ID96000900, OR96002900, WA96002300 HOMEOWNER PRODUCTS CONTAINED IN THIS REPORT None TABLE A2. FOOD/ FEED USE PATTERNS SUMMARY FOR Nicosulfuron ( CASE ) Current As Of: 08/ 03/ 2004 Page 5 of 5 HEADER ABBREVIATIONS Site Name  The site name refers to the entity ( crop, building, surface or artic le) where a pesticide is applied and/ or which is being protected. Limitations  Precautionary statements related to the use of the product( s). Application Timing  The timing of pesticide application and is the primary appl ication sort ( not aggregated). Application Type  The type of pesticide application ( aggregated). Application Equipment  The equipment used to apply pesticide ( aggregated). Max. Single Appl. Rate to a Single Site  Maximum Dose for a single application to a single site. System calculated. Max Seasonal Rate  The maximum amount of pesticide that can be applied to a sit e in one growing season (/ cc) and during the span of one year (/ yr). Max. # Apps/ cc & yr  Maximum Number of Applications per crop cycle and per year . M R I  Minimum Retreatment Interval ( days) ( at any rate). The minimum interval between pesticide application ( days). R E I  ReEntry Interval  The minimum amount of time that must elapse before wo rkers can reenter a treated area. PHI/ PGI/ PSI Use Limitations ( May not apply to all Reg.# s)  Preharvest/ Pregrazin g/ Preslaughter Interval use limitations pertinent to the application. Current As Of:  The label data for the listed products in this report is curren t of this date. ABBREVIATIONS AN  As needed NA  Not Applicable NS  Not Specified ( on label) ( L)  The dosage information provided is from the label in terms of product ( e. g ., ounces, gallons, or pounds of the product) because there was insufficient information ( e. g., missing density, area, or active ingredient percentages) to p rovide converted dosage information. This report provides active ingredient percentage in the product for the reported chemical for all unconverted label do sage information if this information is available. This active ingredient percentage information is displayed next to the form code abbreviations ( e. g., 8 0% WP). APPLICATION RATE cwt : Hundred Weight nnE xx : nn times ( 10 power  xx), for instance, " 1.234E 04" is equivalent to ". 0 001234" End of Report For questions and comments please contact the OPP Usage and Label Use Team throu gh e mail.


[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices]
[Page 54985]
[DOCID:fr26oc09-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 14, 2009.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER07-1236-004; ER96-719-027; ER97-2801-028; ER99-
2156-020.
    Applicants: Yuma Cogeneration Associates; MidAmerican Energy
Company; PacifiCorp; Cordova Energy Company LLC.
    Description: PacifiCorp et al. submits a notice of change in status
re continued market-based rate authority.
    Filed Date: 10/02/2009.
    Accession Number: 20091009-0004.
    Comment Date: 5 p.m. Eastern Time on Friday, October 23, 2009.

    Docket Numbers: ER06-1071-001.
    Applicants: Kuehne Chemical Company, Inc.
    Description: Kuehne Chemical Co., Inc. submits the updated market
power analysis.
    Filed Date: 10/09/2009.
    Accession Number: 20091013-0032.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 8, 2009.

    Docket Numbers: ER10-43-000.
    Applicants: E.ON U.S. LLC.
    Description: EONUS, LLC submits Network Integration Transmission
Service Agreement and Network Operating Agreement for service to the
Kentucky Municipal Power Agency.
    Filed Date: 10/09/2009.
    Accession Number: 20091013-0028.
    Comment Date: 5 p.m. Eastern Time on Friday, October 30, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-25693 Filed 10-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Page 57228]
[FR Doc No: 2022-20310]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 12 p.m. on Thursday, September 22, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: September 15, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-20310 Filed 9-15-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75429-75432]
[FR Doc No: 2012-30696]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9762-3]

Notice of Availability of Proposed National Pollutant Discharge
Elimination System (NPDES) General Permit for Offshore Oil and Gas
Exploration, Development and Production Operations off Southern
California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of proposed NPDES general permit
(reissuance).

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SUMMARY: EPA Region 9 is proposing to reissue its general NPDES permit
(permit No. CAG280000) for discharges from offshore oil and gas
exploration, development and production facilities located in Federal
waters off the coast of Southern California. This permit was issued on
September 22, 2004, and modified on November 30, 2009.
    This notice announces the availability of the proposed general
permit and fact sheet for public comment. For the most part, the
proposed permit is very similar to the 2004 permit. The major changes
from the 2004 permit include the following: (1) Reduced geographic area
of coverage reflecting a reduction in the number of lease blocks
considered active by the Bureau of Ocean Energy Management (BOEM); (2)
revised effluent limits and monitoring requirements for produced water
based on an updated reasonable potential analysis; (3) revised whole
effluent toxicity (WET) requirements for produced water; (4) study
requirement for cooling water intake structures; and (5) new
requirements for an on-line oil and grease monitor for produced water.
These changes are discussed in more detail below, and in the fact sheet
accompanying the proposed general permit.

DATES: Comments on the proposed permit must be received or postmarked
no later than February 4, 2013.

ADDRESSES: Public comments on the proposed permit may be submitted by
U.S. Mail to: Environmental Protection Agency, Region 9, Attn: Eugene
Bromley, NPDES Permits Office (WTR-5), 75 Hawthorne Street, San
Francisco, California 94105-3901, or by email to:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Eugene Bromley, EPA Region 9, NPDES
Permits Office (WTR-5), 75 Hawthorne Street, San Francisco, California
94105-3901, or telephone<PHONE_NUMBER>. A copy of the proposed permit
and fact

sheet will be provided upon request and are also available on Region
9's Web site at: http://www.epa.gov/region09/water/npdes/pubnotices.html. The 2004 general permit and fact sheet are available
on Region 9's Web site at http://www.epa.gov/region09/water/.
    Administrative Record: The proposed permit and other related
documents in the administrative record are on file and may be inspected
any time between 8:30 a.m. and 4:00 p.m., Monday through Friday,
excluding legal holidays, at the following address: U.S. EPA Region 9,
NPDES Permits Office (WTR-5), 75 Hawthorne Street, San Francisco, CA
94105-3901.

SUPPLEMENTARY INFORMATION:

A. Summary of Proposed Changes From the 2004 General Permit

    1. Facility Coverage. Like the 2004 general permit, the proposed
general permit would apply to existing development and production
platforms, and new exploratory drilling operations in the Offshore
Subcategory of the Oil and Gas Extraction Point Source Category,
located in and discharging to specified lease blocks in Federal waters
on the Pacific Outer-Continental Shelf (OCS), offshore Southern
California.
    There are currently 23 production platforms which are authorized to
discharge by the 2004 permit, and the proposed permit would continue to
authorize discharges from these 23 platforms; discharges from any new
platforms would require separate individual permits. The geographic
area of coverage for the proposed permit would be the 49 lease blocks
currently considered active by the Bureau of Ocean Energy Management
(BOEM) off Southern California; this would be a reduction from the 83
lease blocks considered active in 2004 and included in the 2004 general
permit.
    2. Updated Reasonable Potential Analysis for Produced Water
Discharges. On November 30, 2009 (74 FR 64074) Region 9 modified the
2004 general permit to incorporate additional effluent limits and
monitoring requirements based on a study submitted in 2006 by
permittees of the reasonable potential of the discharges to cause or
contribute to exceedances of marine water quality criteria. For the new
proposed permit, Region 9 re-evaluated this matter using monitoring
data collected in 2009-2012. The new analysis showed that many of the
previous effluent limits in the 2009 modification are no longer needed
and would not be included in the 2012 proposed permit. For such
constituents, however, Region 9 is proposing an annual monitoring
requirement to ensure no unreasonable degradation of the marine
environment pursuant to section 403 of the Clean Water Act (CWA).
    3. Whole Effluent Toxicity (WET). The 2004 permit required monthly
WET testing for produced water discharges (for the first year of the
permit) using the red abalone (Haliotis rufescens) larval development
test, and then annual screening with a plant (giant kelp, Macrocystis
pyrifera), a vertebrate (topsmelt, Atherinops affinis) and an
invertebrate (red abalone). In 2010, EPA published a new guidance
manual \1\ which Region 9 believes improves regulatory decision-making
with regards to WET test results. For the proposed 2012 general permit,
Region 9 is proposing WET effluent limits for certain platforms based
on the WET test results collected during the term of the 2004 permit.
Region 9 is also proposing continuation of chronic toxicity testing for
all platforms to ensure no unreasonable degradation of the marine
environment, using the three above species, and the 2010 protocol for
analysis of the results.
---------------------------------------------------------------------------

    \1\ U.S. EPA. 2010. National Pollutant Discharge Elimination
System Test of Significant Toxicity Implementation Document, EPA
833-R-10-003, June 2010.
---------------------------------------------------------------------------

    4. Cooling Water Intake Structure Requirements. Section 316(b) of
the CWA requires that the location, design, construction and capacity
of cooling water intake structures (CWISs) reflect the application of
the best technology available to minimize adverse environmental
impacts. On June 16, 2006 (71 FR 35006), EPA promulgated final
regulations for new offshore oil and gas facilities. Region 9 believes
that all facilities potentially covered by the proposed permit
(including new exploratory operations) would not be considered ``new
facilities'' as defined in the 2006 regulations and therefore are not
categorically subject to the 2006 regulations.
    Although the 2006 regulations did not include specific requirements
for existing offshore oil and gas facilities, the preamble notes that
requirements for existing facilities may be developed on a case-by-case
basis using best professional judgment (71 FR 35006). Region 9 is
proposing a study requirement (due within one year) for the 2012
general permit which would require the following for all platforms with
cooling water discharges: (1) Description of current CWIS and existing
measures to minimize entrainment/impingement; (2) assessment of the
environmental impacts from entrainment/impingement given current
practices; and (3) practicality of additional measures to reduce
environmental impacts from entrainment/impingement.
    5. On-Line Oil and Grease Monitors. The 2004 general permit
required each permittee (jointly or separately) to investigate and
submit a report evaluating the availability and practicality of on-line
monitoring devices for oil and grease in produced water discharges. The
practicality of such devices for produced water was unclear at the time
of the 2004 general permit issuance, but it was Region 9's intent to
re-evaluate this matter when the permit was reissued. These devices
have the potential to provide more timely information concerning upset
conditions and potential exceedances of permit limits, and thereby
provide improved protection of the marine environment.
    The permittees submitted three different reports evaluating this
matter, and Region 9 believes they show the technology is now available
and practical for use at California offshore platforms. Furthermore, in
discussions with operators and as noted in the reports, some platforms
have already installed devices of this nature. As such, the proposed
2012 general permit would require within one year of the permit's
effective date that operators do either of the following: (1) Install
on-line monitoring equipment capable of providing the operator with
rapid information concerning potential noncompliance with the effluent
limits for oil and grease for produced water in the permit, or (2)
provide information to Region 9 demonstrating that the operator has
already installed monitoring equipment which meets the above objective.

B. Ocean Discharge Criteria

    Section 403 of the CWA requires that an NPDES permit for a
discharge into marine waters located seaward of the inner boundary of
the territorial seas be issued in accordance with guidelines for
determining the potential degradation of the marine environment. These
guidelines, referred to as the Ocean Discharge Criteria (40 CFR part
125, subpart M) and section 403 of the CWA are intended to ``prevent
unreasonable degradation of the marine environment and to authorize
imposition of effluent limitations, including a prohibition of
discharge, if necessary, to ensure this goal'' (45 FR 65942, October 3,
1980).
    To support the issuance of the 2004 general permit, Region 9
prepared an Ocean Discharge Criteria Evaluation

(ODCE) \2\ which evaluated the proposed discharges in relation to the
requirements of the Ocean Discharge Criteria regulations. After review
of the ODCE, and numerous other studies and data in the administrative
record for the 2004 permit, Region 9 concluded that the discharges
authorized by the permit would not cause unreasonable degradation of
the marine environment. For the proposed 2012 permit reissuance, Region
9 re-evaluated this conclusion through a review of new study results
that have become available subsequent to the 2004 permit issuance, such
as new reports from the environmental studies program conducted by the
Pacific OCS Office of BOEM. After considering such new information,
Region 9 again concludes that the proposed discharges from the
platforms would not cause unreasonable degradation of the marine
environment. As stated above, the proposed permit has water quality and
toxicity monitoring to ensure compliance with CWA Section 403.
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    \2\ Science Applications International Corporation. 2000. Ocean
Discharge Criteria Evaluation South and Central California for NPDES
Permit No. CAG28000, Submitted to U.S. EPA Region 9, September 29,
2000.
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C. Endangered Species Act

    The Endangered Species Act (ESA) allocates authority to and
administers requirements upon Federal agencies regarding threatened or
endangered species of fish, wildlife, or plants and habitat of such
species that have been designated as critical. Its implementing
regulations (50 CFR part 402) require EPA to ensure, in consultation
with the Secretary of the Interior or Commerce, that any action
authorized, funded or carried out by EPA is not likely to jeopardize
the continued existence of any threatened or endangered species or
adversely affect its critical habitat (40 CFR 122.49(c)). Implementing
regulations for the ESA establish a process by which Federal agencies
consult with one another to ensure that the concerns of both the U.S.
Fish and Wildlife Service (USFWS) and the National Marine Fisheries
Service (NMFS) (collectively ``Services'') are addressed. EPA prepared
separate biological assessments (BAs) 3 4 to assess the
potential impacts of the 2004 permit issuance on listed species under
the jurisdiction of the USFWS and NMFS. Both BAs concluded that there
would be no effect on listed species. The BAs were provided to the
Services for review but no comments were received.
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    \3\ Science Applications International Corporation. 2000.
Biological Assessment for Endangered Species in Outer Continental
Shelf Waters of South and Central California for Consultation with
the National Marine Fisheries Service, Submitted to EPA, February
10, 2000.
    \4\ Science Applications International Corporation. 2000.
Biological Assessment for Endangered Species in Outer Continental
Shelf Waters of South and Central California for Consultation with
the Unites States Fish and Wildlife Service, Submitted to EPA,
February 10, 2000.
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    For the 2012 general permit reissuance, Region 9 reconsidered the
potential effects of the discharges on listed species and critical
habitat. Both NMFS and the USFWS maintain current information and lists
of threatened and endangered species and critical habitat for these
species at: http://www.nmfs.noaa.gov/pr/species/esa/ and http://ecos.fws.gov/tess_public/. After reconsidering this matter, Region 9
believes the proposed discharges would not affect these species.\5\
However, we will forward the draft permit and fact sheet to the
Services to solicit comments on this tentative conclusion.
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    \5\ In letters dated August 29, 2012, Region 9 also requested
species lists from the Services to ensure that appropriate species
are considered for reissuance of the final general permit.
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D. Coastal Zone Management Act

    The Coastal Zone Management Act (CZMA) provides that a Federal
license or permit for activities affecting the coastal zone of a state
may not be granted until a state with an approved Coastal Management
Plan (CMP) concurs that the activities authorized by the permit are
consistent with the CMP (CZMA section 307(c)(3)(A)). In California, the
CZMA authority is the California Coastal Commission (CCC).
    Since Region 9 issued the general permit in 2004, the CZMA
regulations specifying Federal agencies' obligations under CZMA
sections (c)(1) and (c)(3) have been revised. In accordance with the
revised regulations (71 FR 788, January 5, 2006), the issuance of a
general NPDES permit by EPA is considered a ``Federal agency activity''
subject to the consistency determination requirements of CZMA section
307(c)(1). 15 CFR 930.31(d). Region 9 believes the permit would be
consistent with the CMP, and will be submitting the required
determination to the CCC pursuant to CZMA section 307(c)(1) prior to
final permit issuance. If the relevant state agency's conditions are
not incorporated into the general permit or the state agency objects to
the general permit, then the general permit is not available for use in
that state unless the applicant or person who wants to use the general
permit provides the state agency with a consistency determination and
the state agency concurs. Essentially, if EPA does not include a state
agency's conditions or if the state agency objects, then the applicable
CZMA consistency determination requirements shift from those in CZMA
section 307(c)(1) into those in CZMA section 307(c)(3).

E. Marine Protection, Research, and Sanctuaries Act

    The Channel Islands National Marine Sanctuary was designated in
1980 and encompasses approximately 4,296 km\2\ in the Southern
California Bight. Sanctuary regulations (15 CFR 922.71) provide a list
of activities that are prohibited and thus unlawful for any person to
conduct or to cause to be conducted within the Sanctuary. No operations
authorized by this proposed permit are within the Sanctuary boundaries.

F. Magnuson-Stevens Fishery Conservation and Management Act

    The 1996 amendments to the Magnuson-Stevens Fishery Conservation
and Management Act set forth a number of new mandates for NMFS,
regional fishery management councils, and Federal agencies to identify
and protect important marine and anadromous fish habitat. Regional
fishery management councils, with assistance from NMFS, are required to
delineate essential fish habitat (EFH).
    The Magnuson-Stevens Act requires that Federal agencies consult
with NMFS on all actions undertaken by the agency which may adversely
affect EFH. In accordance with these requirements, for the 2004 general
permit, EPA prepared an assessment \6\ of the effects of the proposed
discharges on EFH in the area covered by the permit. The assessment
concluded that while there may be effects on EFH from certain
discharges near an outfall, these effects should be minor overall.
Region 9 also initiated a consultation with NMFS in 2000 which led to a
requirement for a 2005 study \7\ to address certain concerns which NMFS
raised regarding produced water discharges.
---------------------------------------------------------------------------

    \6\ Science Applications International Corporation. 2000.
Essential Fish Habitat Assessment for NPDES Permit No. CAG280000,
Submitted to EPA Region 9. October 2, 2000.
    \7\ Western States Petroleum Association. 2005. The Effects of
Produced Water Discharges on Federally Managed Fish Species along
the California Outer Continental Shelf, Submitted to EPA Region 9,
June 2005.
---------------------------------------------------------------------------

    For the 2012 permit reissuance, Region 9 reconsidered the effects
of the discharges on EFH. NMFS provides updated information concerning
EFH in Southern California ocean waters on its Web site at http://swr.nmfs.noaa.gov/hcd/HCD_webContent/EFH/index_EFH.htm. After review
of the

information on the NMFS Web site, Region 9 believes the previous
conclusion is still valid that the discharges would not have a
significant adverse effect on EFH. However, Region 9 will forward the
draft permit and fact sheet to NMFS for any comments on Region 9's
tentative conclusion concerning the potential effects on EFH.

G. Permit Appeal Procedures

    Within 120 days following notice of EPA's final decision for the
general permit under 40 CFR 124.15, any interested person may appeal
the permit decision in the Federal Court of Appeals in accordance with
Section 509(b)(1) of the CWA. Persons affected by a general permit may
not challenge the conditions of a general permit as a right in further
Agency proceedings. They may instead either challenge the general
permit in court, or apply for an individual permit as specified at 40
CFR 122.21 (and authorized at 40 CFR 122.28), and then petition the
Environmental Appeals Board to review any condition of the individual
permit (40 CFR 124.19).

H. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires that
EPA prepare a regulatory flexibility analysis for regulations that have
a significant impact on a substantial number of small entities. The
permit renewal proposed today is not a ``rule'' subject to the
Regulatory Flexibility Act. EPA prepared a regulatory flexibility
analysis, however, on the promulgation of the Offshore Subcategory
guidelines on which many of the permit's effluent limitations are
based. That analysis has shown that issuance of this permit would not
have a significant impact on a substantial number of small entities.

I. Paperwork Reduction Act

    The information collection required by this proposed permit has
been approved by Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., in
submissions made for the NPDES permit program and assigned OMB control
numbers 2040-0086 (NPDES permit application) and 2040-0004 (discharge
monitoring reports).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: December 6, 2012.
John Kemmerer,
Acting Director, Water Division, EPA Region 9.
[FR Doc. 2012-30696 Filed 12-19-12; 8:45 am]
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[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26350-26351]
[FR Doc No: 2020-09188]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 888

[Docket No. FDA-2015-N-3785]

Classification of Posterior Cervical Screw Systems: Small Entity
Compliance Guide; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the availability of a final guidance for industry entitled
``Classification of Posterior Cervical Screw Systems: Small Entity
Compliance Guide.'' This small entity compliance guide (SECG) is
intended to help small entities comply with the final rule on the
classification of posterior cervical screw systems.

DATES: The announcement of the guidance is published in the Federal
Register on May 4, 2020.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-N-3785 for ``Classification of Posterior Cervical Screw
Systems: Small Entity Compliance Guide.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the SECG entitled ``Classification
of Posterior Cervical Screw Systems: Small Entity Compliance Guide'' to
the Office of Policy, Guidance and Policy Development, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request.

FOR FURTHER INFORMATION CONTACT: Constance Soves, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 1656, Silver Spring, MD 20993-0002, 301-
796-6951<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of April 1, 2019 (84 FR 12088), FDA issued
a final rule to classify posterior cervical screw systems into class II
(special controls) and to continue to require a premarket notification
(510(k)) to provide a reasonable assurance of safety and effectiveness
of the device (the final rule). The final rule, which is codified at 21
CFR 888.3075, became effective May 1, 2019.
    In compliance with section 212 of the Small Business Regulatory
Enforcement Fairness Act (Pub. L. 104-121, as amended by Pub. L. 110-
28), FDA is making this SECG available to explain the actions that a
small entity must take to comply with the final rule.
    This level 2 guidance is being issued consistent with our good
guidance practices regulation (21 CFR 10.115(c)(2)). The SECG
represents the current thinking of FDA on this topic. It does not
establish any rights for any person and is not binding on FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved FDA collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information
in 21 CFR part 807, subpart E, have been approved under OMB control
number 0910-0120; the collections of information in 21 CFR part 801
have been approved under OMB control number 0910-0485; and the
collections of information in 21 CFR part 807, subparts A through D,
have been approved under OMB control number 0910-0625.

III. Electronic Access

    Persons interested in obtaining a copy of the SECG may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov.
Persons unable to download an electronic copy of ``Classification of
Posterior Cervical Screw Systems'' may send an email request to<EMAIL_ADDRESS>to receive an electronic copy of the document.
Please use the document number 20008 and complete title to identify the
guidance you are requesting.

    Date: April 24, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-09188 Filed 5-1-20; 8:45 am]
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