[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31598-31602]
[FR Doc No: 2017-14326]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0701; FRL-9962-98]

Certain New Chemicals; Receipt and Status Information for April
2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is required under the Toxic Substances Control Act (TSCA)
to publish in the Federal Register a notice of receipt of a
premanufacture notice (PMN); an application for a test marketing
exemption (TME), both pending and/or expired; and a periodic status
report on any new chemicals under EPA review and the receipt of notices
of commencement (NOC) to manufacture those chemicals. This document
covers the period from April 3, 2017 to April 28, 2017.

DATES: Comments identified by the specific case number provided in this
document, must be received on or before August 7, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0701, and the specific PMN number or TME
number for the chemical related to your comment, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Rahai, Information
Management Division (7407M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the actions addressed in this
document.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This document provides receipt and status reports, which cover the
period from April 3, 2017 to April 28, 2017, and consists of the PMNs
and TMEs both pending and/or expired, and the NOCs to manufacture a new
chemical that the Agency has received under TSCA section 5 during this
time period.

III. What is the Agency's authority for taking this action?

    Under TSCA, 15 U.S.C. 2601 et seq., EPA classifies a chemical
substance as either an ``existing'' chemical or a ``new'' chemical. Any
chemical substance that is not on EPA's TSCA Inventory is classified as
a ``new chemical,'' while those that are on the TSCA Inventory are
classified as an ``existing chemical.'' For more information about the
TSCA Inventory, please go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm.
    Anyone who plans to manufacture or import a new chemical substance
for a non-exempt commercial purpose is required by TSCA section 5 to
provide EPA with a PMN, before initiating the activity. Section 5(h)(1)
of TSCA authorizes EPA to allow persons, upon application, to
manufacture (includes import) or process a new chemical substance, or a
chemical substance subject to a significant new use rule (SNUR) issued
under TSCA section 5(a), for ``test marketing'' purposes, which is
referred to as a test marketing exemption, or TME. For more information
about the requirements applicable to a new chemical go to http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish
in the Federal Register a notice of receipt of a PMN or an application
for a TME and to publish in the Federal Register periodic reports on
the status of new chemicals under review and the receipt of NOCs to
manufacture those chemicals.

IV. Receipt and Status Reports

    As used in each of the tables in this unit, (S) indicates that the
information in the table is the specific information provided by the
submitter, and (G) indicates that the information in the table is
generic information because the specific information provided by the
submitter was claimed as CBI.
    For the 47 PMNs received by EPA during this period, Table 1
provides the following information (to the extent that such information
is not claimed as CBI): The EPA case number assigned to the PMN; the
date the PMN was received by EPA; the projected end date for EPA's
review of the PMN; the submitting manufacturer/importer; the potential
uses identified by the manufacturer/importer in the PMN; and the
chemical identity.

                                               Table 1--PMNs Received From April 3, 2017 to April 28, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Projected
              Case No.                Received date    notice end       Manufacturer importer                 Use                      Chemical
                                                          date
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P-16-0358..........................       4/21/2017       7/20/2017  CBI........................  (S) Chemical intermediate.  (G) Alkyl phenol.
P-16-0429..........................       4/21/2017       7/20/2017  CBI........................  (G) Universal tint paste    (G) Endcapped
                                                                                resin having high solids.   polysiloxane.
P-16-0438..........................       4/18/2017       7/17/2017  CBI........................  (S) Intermediate for        (S) 3-butenenitrile, 2-
                                                                                pesticide inert.            (acetyloxy).
P-17-0004..........................       4/20/2017       7/19/2017  CBI........................  (G) Non-isolated            (S) 1-tetradecene
                                                                                intermediate.               homopolymer.
P-17-0004..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid/carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer.
                                                                                motor oil.
P-17-0004..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid/carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer.
                                                                                industrial lubricants.
P-17-0004..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer.
                                                                                automatic transmission
                                                                                fluid.
P-17-0004..........................       4/20/2017       7/19/2017  CBI........................  (S) Chemical intermediate   (S) 1-tetradecene
                                                                                for specialty surfactants.  homopolymer.
P-17-0005..........................       4/20/2017       7/19/2017  CBI........................  (G) Non-isolated            (S) 1-tetradecene
                                                                                intermediate.               homopolymer hydrogenated.
P-17-0005..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid/carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer hydrogenated.
                                                                                motor oil.
P-17-0005..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid/carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer hydrogenated.
                                                                                industrial lubricants.
P-17-0005..........................       4/20/2017       7/19/2017  CBI........................  (S) Base fluid carrier      (S) 1-tetradecene
                                                                                fluid for additives in      homopolymer hydrogenated.
                                                                                automatic transmission
                                                                                fluid.
P-17-0005..........................       4/20/2017       7/19/2017  CBI........................  (S) Chemical intermediate   (S) 1-tetradecene
                                                                                for specialty surfactants.  homopolymer hydrogenated.
P-17-0196..........................        4/4/2017        7/3/2017  CBI........................  (G) Can coating...........  (G) Styrenated alkyl and
                                                                                epoxidized acrylate
                                                                                polymer.
P-17-0236..........................       4/19/2017       7/18/2017  DIC INTERNATIONAL (USA),     (G) Binder resin for        (G) Formaldehyde, polymer
                                                                      LLC.                         electronic materials.       with (chloromethyl)
                                                                                oxirane and substituted
                                                                                aromatic compounds.
P-17-0236..........................       4/19/2017       7/18/2017  DIC INTERNATIONAL (USA),     (G) Matrix resin for        (G) Formaldehyde, polymer
                                                                      LLC.                         composite materials.        with (chloromethyl)
                                                                                oxirane and substituted
                                                                                aromatic compounds.
P-17-0259..........................       4/19/2017       7/18/2017  CBI........................  (G) Curative for            (G) Halogenated aromatic
                                                                                thermosetting resins.       amine.
P-17-0262..........................        4/4/2017        7/3/2017  CBI........................  (G) Paint raw materials...  (G) Acryl-modified epoxy
                                                                                polymer with vegetable
                                                                                oil, fatty acid,
                                                                                acrylates and
                                                                                methacrylates with
                                                                                organic amine.
P-17-0264..........................       4/11/2017       7/10/2017  Allnex USA, Inc............  (S) Binder for glass        (G) Alkanoic acid, 2-alkyl-
                                                                                coatings.                   , substituted alkyl
                                                                                ester, polymer with alkyl
                                                                                alkenoate, substituted
                                                                                carbomonocycle,
                                                                                substituted alkyl
                                                                                alkenoate and alkyl
                                                                                substituted alkenoate,
                                                                                substituted alkanenitrile-
                                                                                initiated.
P-17-0264..........................       4/11/2017       7/10/2017  Allnex USA, Inc............  (S) Coating resin           (G) Alkanoic acid, 2-alkyl-
                                                                                intermediate. present in    , substituted alkyl
                                                                                viacryl vsc 6800 used as    ester, polymer with alkyl
                                                                                a binder for glass          alkenoate, substituted
                                                                                coatings.                   carbomonocycle,
                                                                                substituted alkyl
                                                                                alkenoate and alkyl
                                                                                substituted alkenoate,
                                                                                substituted alkanenitrile-
                                                                                initiated.

P-17-0265..........................       4/11/2017       7/10/2017  Allnex USA, Inc............  (S) Binder for glass        (G) Alkanoic acid, alkyl-,
                                                                                coatings.                   substituted alkyl ester,
                                                                                polymer with alkyl
                                                                                alkenoate, substituted
                                                                                carbomonocycle,
                                                                                substituted alkyl
                                                                                alkenoate and alkyl
                                                                                substituted alkenoate,
                                                                                substituted alkanenitrile-
                                                                                initiated, polymers with
                                                                                substituted alkanenitrile-
                                                                                initiated, alkanoic acid-
                                                                                alkane substituted
                                                                                acrylates-substituted
                                                                                carbomonocycle polymer,
                                                                                compounds with alkylamino
                                                                                alkanol.
P-17-0265..........................       4/11/2017       7/10/2017  Allnex USA, Inc............  (S) Coating resin           (G) Alkanoic acid, alkyl-,
                                                                                intermediate. present in    substituted alkyl ester,
                                                                                viacryl vsc 6800 used as    polymer with alkyl
                                                                                a binder for glass          alkenoate, substituted
                                                                                coatings.                   carbomonocycle,
                                                                                substituted alkyl
                                                                                alkenoate and alkyl
                                                                                substituted alkenoate,
                                                                                substituted alkanenitrile-
                                                                                initiated, polymers with
                                                                                substituted alkanenitrile-
                                                                                initiated, alkanoic acid-
                                                                                alkane substituted
                                                                                acrylates-substituted
                                                                                carbomonocycle polymer,
                                                                                compounds with alkylamino
                                                                                alkanol.
P-17-0267..........................       4/19/2017       7/18/2017  CBI........................  (G) Solvent, foam and       (G) Chlorofluoroalkene.
                                                                                refrigerant use.
P-17-0272..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0273..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0274..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0275..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0276..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0277..........................        4/5/2017        7/4/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
P-17-0278..........................       4/13/2017       7/12/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salts.
P-17-0279..........................       4/13/2017       7/12/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salt.
P-17-0280..........................       4/13/2017       7/12/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salt.
P-17-0281..........................       4/21/2017       7/20/2017  CBI........................  (G) Water reducible resin.  (G) Polysiloxane-polyester
                                                                                polyol carboxylate.
P-17-0283..........................       4/12/2017       7/11/2017  CBI........................  (G) Lubricating oil         (G) Arenesulfonic acid,
                                                                                additive for automotive     alkyl derivatives, metal
                                                                                engine oils.                salts.
P-17-0284..........................       4/13/2017       7/12/2017  CBI........................  (G) In-process              (S) 2-heptanone, 4-hydroxy-
                                                                                intermediate.               .
P-17-0285..........................       4/13/2017       7/12/2017  CBI........................  (G) In-process              (S) 4-hepten-2-one.
                                                                                intermediate.
P-17-0286..........................       4/13/2017       7/12/2017  Shin-etsu microsi..........  (G) This material is added  (G) Bicyclo[2.2.1] alkane-
                                                                                ca.0.05-10% in resist       1-alkanesulfonic acid,
                                                                                composition.                7,7-dimethyl-2-oxo-,
                                                                                [(3,5-dimethoxy-2-
                                                                                naphthalenyl) carbonyl]
                                                                                methylazanyl ester,
                                                                                (1s,4r)-.
P-17-0287..........................       4/13/2017       7/12/2017  Shin-etsu microsi..........  (G) This material is added  (G) Phenylsulfonic acid, 4-
                                                                                ca.0.05-10% in resist       methyl-, [(dimethoxy-2-
                                                                                composition.                naphthalenyl)
                                                                                carbonyl]methylazanyl
                                                                                ester.

P-17-0289..........................       4/17/2017       7/16/2017  CBI........................  (S) Chemical intermediate.  (G) Fluoroalkyl
                                                                                sulfonamide derivative.
P-17-0291..........................       4/19/2017       7/18/2017  Chevron Phillips chemical    (G) Exported production     (G) Linear and branched
                                                                      company, LP.                 volume.                     alkyl mercaptans.
P-17-0291..........................       4/19/2017       7/18/2017  Chevron Phillips chemical    (G) Component in mining     (G) Linear and branched
                                                                      company, LP.                 formuations.                alkyl mercaptans.
P-17-0292..........................       4/19/2017       7/18/2017  Chevron Phillips chemical    (G) Exported production     (G) Linear and branched
                                                                      company, LP.                 volume.                     alkyl sulfides.
P-17-0292..........................       4/19/2017       7/18/2017  Chevron Phillips chemical    (G) Component in mining     (G) Linear and branched
                                                                      company, LP.                 formuations.                alkyl sulfides.
P-17-0293..........................       4/24/2017       7/23/2017  Allnex USA, Inc............  (S) Binder for powder       (G) Substituted
                                                                                coating.                    carbomonocycle, polymer
                                                                                with substituted
                                                                                carbonomoncycles, alkyl
                                                                                substituted- alkanediols,
                                                                                alkanediol, alkanedioic
                                                                                acid, and dialkylene
                                                                                glycol.
P-17-0294..........................       4/25/2017       7/24/2017  Akzo nobel functional        (S) The PMN substance will  (S) 2-butanone, 3-methyl-,
                                                                      chemicals, LLC.              be used as an organic       peroxide.
                                                                                peroxide polymerization
                                                                                initiator for unsaturated
                                                                                acrylic, unsaturated
                                                                                polyester and vinyl ester
                                                                                resins. These uses will
                                                                                include traditional
                                                                                acrylic systems such as
                                                                                acrylic solid surface,
                                                                                acrylic adhesives,
                                                                                acrylic castings and
                                                                                acrylic coatings.
P-17-0295..........................       4/25/2017       7/24/2017  CBI........................  (S) Refrigerant used in     (G)
                                                                                closed systems for (i)      Hydrochlorofluoroolefin.
                                                                                chillers (commercial
                                                                                comfort air
                                                                                conditioners); and (ii)
                                                                                industrial process
                                                                                refrigeration.
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    For the 13 TMEs received by EPA during this period, EPA provides
the following information (to the extent that such information is not
claimed as CBI) on the TMEs received by EPA during this period: The EPA
case number assigned to the TME; the date the TME was received by EPA;
the projected end date for EPA's review of the TME; the submitting
manufacturer/importer, the potential uses identified by the
manufacturer/importer in the TME, and the chemical identity.

                                               Table 2--TMEs Received From April 3, 2017 to April 28, 2017
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                                                        Projected
              Case No.                Received date    notice end       Manufacturer importer                 Use                      Chemical
                                                          date
--------------------------------------------------------------------------------------------------------------------------------------------------------
T-17-0003..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0004..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0005..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0006..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0007..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0008..........................        4/5/2017       5/20/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid amide alkyl
                                                                                emulsions.                  amine salts.
T-17-0009..........................       4/13/2017       5/28/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salt.
T-17-0010..........................       4/13/2017       5/28/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salts.
T-17-0011..........................       4/13/2017       5/28/2017  Cargill, Incorporated......  (G) Component in asphalt    (G) Fatty acid derived
                                                                                emulsions.                  imidazoline salt.
T-17-0012..........................       4/19/2017        6/3/2017  Chevron Phillips chemical    (G) Exported production     (G) Linear and branched
                                                                      company, LP.                 volume.                     alkyl mercaptans.

T-17-0012..........................       4/19/2017        6/3/2017  Chevron Phillips chemical    (G) Component in mining     (G) Linear and branched
                                                                      company, LP.                 formuations.                alkyl mercaptans.
T-17-0013..........................       4/19/2017        6/3/2017  Chevron Phillips chemical    (G) Exported production     (G) Linear and branched
                                                                      company, LP.                 volume.                     alkyl sulfides.
T-17-0013..........................       4/19/2017        6/3/2017  Chevron Phillips chemical    (G)Component in mining      (G) Linear and branched
                                                                      company, LP.                 formuations.                alkyl sulfides.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the 15 NOCs received by EPA during this period, Table 2
provides the following information (to the extent that such information
is not claimed as CBI): The EPA case number assigned to the NOC; the
date the NOC was received by EPA; the projected date of commencement
provided by the submitter in the NOC; and the chemical identity.

                           Table 3--NOCs Received from April 3, 2017 to April 28, 2017
----------------------------------------------------------------------------------------------------------------
                Case No.                    Received date     Commencement date              Chemical
----------------------------------------------------------------------------------------------------------------
J-17-0006..............................           4/18/2017           3/27/2017  (G) Modified microorganism.
P-13-0285..............................           4/19/2017           3/22/2017  (G) Polyamic acid.
P-14-0666..............................           4/20/2017            4/7/2017  (S) Benzoic acid, 4-
                                                                                (benzoylamino)-, lithium salt
                                                                                (1:1).
P-15-0307..............................           4/26/2017           3/27/2017  (G) Substituted bis[phenol]
                                                                                polymer with substituted
                                                                                benzene.
P-15-0487..............................           4/12/2017           3/15/2017  (G) Multi-walled carbon
                                                                                nanotubes.
P-15-0488..............................           4/12/2017           3/15/2017  (G) Multi-walled carbon
                                                                                nanotubes.
P-15-0489..............................           4/12/2017           3/15/2017  (G) Multi-walled carbon
                                                                                nanotubes.
P-15-0490..............................           4/12/2017           3/15/2017  (G) Multi-walled carbon
                                                                                nanotubes.
P-15-0491..............................           4/12/2017           3/15/2017  (G) Multi-walled carbon
                                                                                nanotubes.
P-16-0034..............................           4/21/2017            4/3/2017  (G) Cashew, nutshell liq.,
                                                                                polymer with epichlorohydrin,
                                                                                amines, formaldehdye, phenol
                                                                                and glycol.
P-16-0079..............................           4/10/2017           3/13/2017  (G) Polyarylate.
P-16-0265..............................           4/21/2017           3/22/2017  (S) Siloxanes and silicones, me
                                                                                ph, me 3,3,3-trifluoropropyl.
P-16-0350..............................            4/4/2017            4/3/2017  (G) Polyaralkyl aryl ester of
                                                                                methacrylic acid.
P-16-0358..............................           4/27/2017           4/25/2017  (G) Alkyl phenol.
P-17-0140..............................           4/20/2017           3/22/2017  (S) Ethyl 3,4-dichlorobenzoate.
----------------------------------------------------------------------------------------------------------------

    Authority: 15 U.S.C. 2601 et seq.

    Dated: June 8, 2017.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2017-14326 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Notices]
[Pages 30064-30065]
[FR Doc No: 2015-12598]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RA15-1-000]

Vaughn Thermal Corporation; Notice of Filing

    Take notice that, on May 11, 2015, Vaughn Thermal Corporation
(Vaughn) filed a Petition for Review of Denial of Adjustment Request,
pursuant to section 504(b) of the Department of Energy Organization
Act, 42 U.S.C. 7194(b), and section 385.1004 of the Commission's
regulations, 18 CFR 385.1004. Vaughn's petition requests review of the
April 9, 2015 Decision and Order issued in Case Number EXC-14-0003 by
the Department of Energy's Office of Hearings and Appeals. In addition,
Vaughn is concurrently requesting a hearing and expedited procedures in
accord with section 385.1006 of the Commission's regulations, 18 CFR
385.1006.

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic 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 email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 8, 2015.

    Dated: May 18, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-12598 Filed 5-22-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76027-76028]
[FR Doc No: 2012-30996]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12119-000]

 PowerWheel Associates; Notice of Termination of Exemption by
Implied Surrender and Soliciting Comments and Motions To Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of Exemption by Implied
Surrender.
    b. Project No.: 12119-000.
    c. Date Initiated: November 20, 2012.
    d. Exemptee: PowerWheel Associates.
    e. Name and Location of Project: The Powerwheel Demonstration
Project is located on Semitropic Water Storage District's (SWSD) main
intake canal at Station 70+50 in Kern County, California.
    f. Issued Pursuant to: 18 CFR 6.4 (2011).
    g. Exemptee Contact Information: Mr. Kenneth R. Broome, PowerWheel
Associates, 100 Rocky Creek Road, Woodside, CA 94062; phone (650) 529-
1810.
    h. FERC Contact: Anthony DeLuca,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to intervene
is 30 days from the issuance date of this notice. All documents may be
filed electronically via the Internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly
encourages electronic filings. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and seven
copies should be sent to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. 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. Please include the project number (P-
12119-000) on any documents or motions filed.
    j. Description of Project Facilities: The project consists of an
existing concrete-lined canal, a waterwheel, 7 feet in external
diameter, 3\1/2\ feet in internal diameter and 14[frac12] feet long,
that is operated in a ``run-of-conduit'' mode. It has one 75-kW
generating unit installed at the sloping drop structure located at
Station 70+50 of the Semitropic Water Storage District's (SWSD) main
intake canal.
    k. Description of Proceeding: The Powerwheel Demonstration Project
was constructed by the exemptee in 2003. The project was built for
demonstration purposes and not intended to be a permanent hydroelectric
facility. In several letters to the Commission in 2010 and 2011, the
exemptee requested removal of the project from Commission jurisdiction,
and stated that it was previously dismantled and removed from the canal
drop. Efforts by Commission staff to contact the exemptee to request a
formal application to surrender the exemption have been unanswered.
    l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-2927) in the docket number field to access the notice.
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 toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.
    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,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests 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 protests or motions to
intervene must be received on or before the specified deadline date for
the particular proceeding.

    o. Filing and Service of Responsive 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 project number of the proceeding 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,
protests or motions to intervene must set forth their evidentiary basis
and otherwise comply with the requirements of 18 CFR 4.34(b). All
comments, protests, or motions to intervene should relate to project
works, which are the subject of the termination of exemption. A copy of
any protest or motion to intervene must be served upon each
representative of the exemptee specified in item g above. If an
intervener 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. A copy of all other filings in reference to
this notice 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 4.34(b) and 385.2010.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: December 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30996 Filed 12-21-12; 4:15 pm]
BILLING CODE 6717-01-P


[Federal Register: March 24, 2008 (Volume 73, Number 57)]
[Notices]
[Page 15541-15542]
[DOCID:fr24mr08-90]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0086]

Respiratory Protection Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified by
the Respiratory Protection Standard (29 CFR 1910.134).

DATES: Comments must be submitted (postmarked, sent, or received) by
May 23, 2008.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0086, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0086). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://
www.regulations.gov. For further information on submitting comments see
the ``Public Participation'' heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Jamaa Hill at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the Act) (29 U.S.C. 651 et. seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The Act also requires that OSHA obtain such information
with minimum burden upon employers, especially those operating small
businesses, and to reduce to the maximum extent feasible unnecessary
duplication of efforts in obtaining information (29 U.S.C. 657).
    The Respiratory Protection Standard (29 CFR 1910.134; hereafter,
``the Standard'') contains information collection requirements that
require employers to: develop a written respirator program; conduct
employee medical evaluations and provide follow-up medical evaluations
to determine the employee's ability to use a respirator; provide the
physician or other licensed health care professional with information
about the employee's respirator and the conditions under which the
employee will use the respirator; and administer fit tests for
employees who will use negative-or positive-pressure, tight-fitting
facepieces. In addition, employers must ensure that employees store
emergency-use respirators in compartments clearly marked as containing
emergency-use respirators. For respirators maintained for emergency
use, employers must label or tag the respirator with a certificate
stating the date of the inspection, the name of the individual who made
the inspection, the findings of the inspection, required remedial
action, and the identity of the respirator.
    The Standard also requires employers to ensure that cylinders used
to supply breathing air to respirators have a certificate of analysis
from the supplier stating that the breathing air meets the requirements
for Type 1--Grade D breathing air; such certification assures employers
that the purchased breathing air is safe. Compressors used to supply
breathing air to respirators must have a tag containing the most recent
change date and the signature of the individual authorized by the
employer to perform the change. Employers must maintain this tag at the
compressor. These tags provide assurance that the compressors are
functioning properly.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the

information collection requirements, including the validity of the
methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to extend the information collection requirements
contained in the Respiratory Protection Standard (29 CFR 1910.134). The
Agency is requesting to increase its current burden hour total from
6,551,314 hours to 7,159,601 for a total increase of 608,287 hours. The
Agency will summarize the comments submitted in response to this
notice, and will include this summary in the request to OMB to extend
the approval of the information collection requirements contained in
the Standard. The Agency will summarize the comments submitted in
response to this notice and will include this summary in the request to
OMB.
    Type of Review: Extension of a currently approved information
collection requirement.
    Title: Respiratory Protection Standard.
    OMB Number: 1218-0099.
    Affected Public: Business or other for-profits; not-for-profit
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 639,623.
    Frequency of Response: Annually; monthly; on occasion.
    Total Responses: 22,547,185.
    Average Time per Response: Varies from 5 minutes (.08 hour) to mark
a storage compartment or protective cover to 8 hours for large
employers to gather and prepare information to develop a written plan.
    Estimated Total Burden Hours: 7,159,601.
    Estimated Cost (Operation and Maintenance): $164,751,553.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (Fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0086). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled
``ADDRESSES''). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at: http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the website, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et. seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, on March 17, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-5837 Filed 3-21-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32526-32529]
[DOCID:fr13jn07-6]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2001-0004; FRL-8324-6]
RIN 2060-AN92

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Removal of Vacated Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is amending its regulations to eliminate the pollution
control project (PCP) and clean unit (CU) provisions included in its
December 31, 2002 rulemaking entitled ``Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR): Baseline
Emissions Determination, Actual-to-future-actual Methodology, Plantwide
Applicability Limitations, Clean Units, Pollution Control Projects.''
This final rule conforms the regulations to the decision by the U.S.
Court of Appeals for the D.C. Circuit, New York v. EPA, 413 F.3d 3
(D.C. Cir. 2005), vacating the PCP and CU provisions. This action is
exempt from notice-and-comment rulemaking because it is ministerial in
nature.

DATES: This final rule is effective on June 13, 2007.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2001-0004. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in the

index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the EPA Docket Center (Air

Docket), EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER> and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. David Painter, Office of Air
Quality Planning and Standards, (C504-03), U.S. EPA, Research Triangle
Park, North Carolina 27711, telephone number<PHONE_NUMBER>, fax number
(919) 541-5509, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does This Regulation Apply to Me?

    Entities potentially affected by this final action include sources
in all industry groups. The majority of sources potentially affected
are expected to be in the following groups.

------------------------------------------------------------------------
          Industry group              SIC a             NAICS b
------------------------------------------------------------------------
Electric Services.................        491  221111, 221112, 221113,
                                                221119, 221121, 221122.
Petroleum Refining................        291  32411.
Chemical Processes................        281  325181, 32512, 325131,
                                                325182, 211112, 325998,
                                                331311, 325188.
Natural Gas Transport.............        492  48621, 22121.
Pulp and Paper Mills..............        261  32211, 322121, 322122,
                                                32213.
Paper Mills.......................        262  322121, 322122.
Automobile Manufacturing..........        371  336111, 336112, 336712,
                                                336211, 336992, 336322,
                                                336312, 33633, 33634,
                                                33635, 336399, 336212,
                                                336213.
Pharmaceuticals...................        283  325411, 325412, 325413,
                                                325414.
------------------------------------------------------------------------
a Standard Industrial Classification
b North American Industry Classification System.

    Entities potentially affected by this final action also include
State, local, and tribal governments that are delegated authority to
implement these regulations. This table is not intended to be
exhaustive, but rather provides a guide for readers regarding entities
likely to be affected by this action. Other types of entities not
listed in the table could also be affected. To determine whether your
facility would be affected by this action, you should carefully examine
the applicability criteria in parts 51 and 52 of title 40 of the Code
of Federal Regulations.

II. Background and Rationale for Action

    On December 31, 2002, EPA published a final rule (67 FR 80186)
which established CU and expanded upon provisions pertaining to PCP
which were initially promulgated on July 21, 1992 (57 FR 32314). On
June 24, 2005, the United States Court of Appeals for the District of
Columbia Circuit (the Court) issued an opinion vacating those portions
of the 2002 and 1992 rules that pertained to CU and PCP. New York v.
EPA, 413 F.3d 3 (D.C. Cir.), reh'g. and reh'g. en banc den. 431 F.3d
801 (2005).
    This action removes from the Code of Federal Regulations (CFR) all
provisions for CU and PCP containing the provisions vacated by the
Court. It should be noted that nearly identical CU and PCP provisions
are found in 40 CFR 52.21, 51.165, and 51.166, and that the

Court's opinion specifically addressed the CU and PCP provisions in
Sec.  52.21, but not the provisions in Sec. Sec.  51.165 and 51.166.
Even so, the plain language of the Court's opinion clearly applies to
the parallel constructions in those latter provisions; and as a result,
today's action removes those provisions as well. Because the Court
vacated the language of the CU and PCP provisions as well as the legal
constructs upon which they were based, the EPA is rescinding the CU and
PCP provisions by way of a final rulemaking which is effective upon
publication in the Federal Register. We are not providing an
opportunity for comment.
    The Administrative Procedure Act of 1946 (APA) makes provision for
the procedural path we are following in this action. In general, the
APA requires that general notice of proposed rulemaking shall be
published in the Federal Register. Such notice must provide an
opportunity for public participation in the rulemaking process. The APA
does provide an avenue for an agency to directly issue a final
rulemaking in certain specific instances. This may occur, in
particular, when an agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefore in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest. See 5 U.S.C.
553(b)(3)(B).
    In this action, the Agency finds that notice and comment is
unnecessary. This action is ministerial in nature. It simply implements
the decision of the D.C. Circuit as it pertains to CU and PCP.
    In addition, notice and comment would be contrary to the public
interest by unnecessarily delaying the removal of the unlawful CU and
PCP provisions in the CFR. Owner/operators of facilities capable of
causing air pollution are subject to CAA regulations governing the
manner in which they might act. Substantial costs are frequently
associated with project delays or inappropriate actions. To resolve
regulatory concerns up front, those who would pursue projects which
might be subject to Federal restrictions rely upon the CFR to provide
authoritative answers as to what requirements apply to a given proposed
project.

III. Implementation

    For the reasons cited above, EPA is making this action effective
upon publication. See 5 U.S.C. 553(d)(3). This action removes content
from the CFR that has been found to be contrary to the CAA by a Federal
appeals court. This is a ministerial but necessary action on the part
of the EPA. Given the substantial costs to owner/operators of projects
associated with delays and uncertainty, EPA has good cause to act in
the public interest to implement the court's remedy by amending the CFR
without delay.
    The Court's vacatur of PCP and CU provisions meant that these
provisions could no longer be used. Thus, today's rule changes are
immediately effective for jurisdictions using the Federal PSD program
(codified at Sec.  52.21 for areas without an approved PSD program, for
which we are the reviewing authority, or for which we have delegated
our authority to issue permits to a State or local reviewing authority)
and for State and local agency programs implementing part C (PSD permit
program in Sec.  51.166) or part D (nonattainment NSR permit program in
Sec.  51.165) under an approved State Implementation Plan (SIP).
Permitting authorities with approved SIPs containing any or all of the
2002 CU, 2002 PCP, or 1992 PCP provisions should remove those
provisions as soon as feasible, which may be in conjunction with the
next available SIP revision. Furthermore, recognizing that some States
also adopted our past guidance policy on PCP \1\ into their approved
SIPs, we believe that these portions of their SIPs should also be
removed in light of the Court decision.\2\ Because of the Court
decision, these provisions are unlawful and may not be applied even
prior to their removal from the SIPs.
---------------------------------------------------------------------------

    \1\ Memorandum dated July 1, 1994. ``Pollution Control Projects
and New Source Review (NSR) Applicability'' from John S. Seitz,
Director, Office of Air Quality Planning and Standards, to Air
Directors, Regions I-X.
    \2\ In its Opinion, the Court stated on pages 8-9 that ``EPA
also erred in exempting from NSR certain Pollution Control Projects
(``PCPs'') that decrease emissions of some pollutants but cause
collateral increases of others. The statute authorizes no such
exception.''
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) determined this rule is a
significant regulatory action for the purpose of EO 12866 and requested
that we submit the rule for OMB review. It does not meet requirements
for review under Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). It also does not meet the requirements for review under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4), Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999), Executive Order 13175, entitled Consultation and
Coordination With Indian Tribal Governments (65 FR 67249, November 9,
2000), Executive Order 13211, entitled Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001), or Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). In addition,
this rule does not impose any impact on small entities and thus does
not require preparation of a regulatory flexibility analysis under the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).
    The deletion of CU and PCP provisions from NSR and PSD requirements
will reduce the associated overall reporting and recordkeeping burden
estimates, but this action does not require any review or approval by
OMB under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. At
some point in the future, EPA will re-determine the total burden
associated with the NSR and PSD rules and will adjust the estimates to
reflect the effects of this action. The reporting and recordkeeping
burdens associated with NSR and PSD are approved by OMB under OMB No.
2060-0003. The current public reporting burden for NSR and PSD is
estimated to be 4,878,634 hours. These estimates include the time
needed for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
    Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. However, section 808 of that Act
provides that any rule for which the issuing agency for good cause
finds (and incorporates the finding and a brief statement of reasons
therefore in the rule) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest, shall
take effect at such time as the agency promulgating the rule determines
(5 U.S.C. 808(2)). As stated previously, EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of June 13, 2007. This rule is not a ``major rule'' as defined by
5 U.S.C. 804(2).

V. Statutory Authority

    The statutory authority for this action is provided by sections
165-169, 171-173, and 301 of the Act as amended (42 U.S.C. 7475-7479,
7501-7503, and 7601). This rulemaking is also subject to section 307(d)
of the Act (42 U.S.C. 7407(d)).

VI. Judicial Review

    Under section 307(b)(1) of the Act, judicial review of this final
rule is available only by the filing of a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit by August
13, 2007. Any such judicial review is limited to only those objections
that are raised with reasonable specificity in timely comments. Under
section 307(b)(2) of the Act, the requirements that are the subject of
this final rule may not be challenged later in civil or criminal
proceedings brought by us to enforce these requirements.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practices and procedures,
Air pollution control, Baseline emissions, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen oxides,
Ozone, Particulate matter, Plantwide applicability limitations,
Pollution control projects, Sulfur oxides.

40 CFR Part 52

    Environmental protection, Administrative practices and procedures,
Air pollution control, Baseline emissions, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen oxides,
Ozone, Particulate matter, Plantwide applicability limitations,
Pollution control projects, Sulfur oxides.

    Dated: June 5, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart I--[Amended]

0
2. Section 51.165 is amended as follows:
0
a. By removing and reserving paragraph (a)(1)(v)(C)(8).
0
b. By removing paragraph (a)(1)(vi)(C)(3).
0
c. By removing paragraph (a)(1)(vi)(E)(5).
0
d. By removing and reserving paragraph (a)(1)(xxv).
0
e. By removing and reserving paragraph (a)(1)(xxix).
0
f. By removing and reserving paragraph (a)(2)(ii)(E).
0
g. By revising paragraph (a)(2)(ii)(F).
0
h. By removing paragraph (a)(2)(iv).
0
i. By removing and reserving paragraphs (a)(3)(ii)(H) and (I).
0
j. By revising paragraph (a)(6) introductory text.
0
k. By removing and reserving paragraphs (c), (d), and (e).

Sec.  51.165  Permit requirements.

    (a) * * *
    (2) * * *
    (ii) * * *
    (F) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(2)(ii)(C) through (D) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(a)(1)(x) of this section).
* * * * *
    (6) Each plan shall provide that the following specific provisions
apply to projects at existing emissions units at a major stationary
source (other than projects at a source with a PAL) in circumstances
where there is a reasonable possibility that a project that is not a
part of a major modification may result in a significant emissions
increase and the owner or operator elects to use the method specified
in paragraphs (a)(1)(xviii)(B)(1) through (3) of this section for
calculating projected actual emissions. Deviations from these
provisions will be approved only if the State specifically demonstrates
that the submitted provisions are more stringent than or at least as
stringent in all respects as the corresponding provisions in paragraphs
(a)(6)(i) through (v) of this section.
* * * * *

0
3. Section 51.166 is amended as follows:
0
a. By removing and reserving paragraph (a)(7)(iv)(e).
0
b. By revising paragraph (a)(7)(iv)(f).
0
c. By removing paragraph (a)(7)(vi).
0
d. By removing and reserving paragraph (b)(2)(iii)(h).
0
f. By removing paragraph (b)(3)(vi)(d).
0
g. By removing and reserving paragraph (b)(31).
0
h. By removing and reserving paragraph (b)(41).
0
i. By revising paragraph (r)(6) introductory text.
0
j. By removing and reserving paragraphs (t), (u), and (v).

Sec.  51.166  Prevention of significant deterioration of air quality.

    (a) * * *
    (7) * * *
    (iv) * * *
    (f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(7)(iv)(c) through (d) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(b)(23) of this section).
* * * * *
    (r) * * *
    (6) Each plan shall provide that the following specific provisions
apply to projects at existing emissions units at a major stationary
source (other than projects at a source with a PAL) in circumstances
where there is a reasonable possibility that a project that is not a
part of a major modification may result in a significant emissions
increase and the owner or operator elects to use the method specified
in paragraphs (b)(40)(ii)(a) through (c) of this section for
calculating projected actual emissions. Deviations from these
provisions will be approved only if the State specifically demonstrates
that the submitted provisions are more stringent than or at least as
stringent in all respects as the corresponding provisions in paragraphs
(r)(6)(i) through (v) of this section.
* * * * *

PART 52--[AMENDED]

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

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

Subpart A--[Amended]

0
5. Section 52.21 is amended as follows:
0
a. By removing and reserving paragraph (a)(2)(iv)(e).
0
b. By revising paragraph (a)(2)(iv)(f).

0
c. By removing paragraph (a)(2)(vi).
0
d. By removing and reserving paragraph (b)(2)(iii)(h).
0
e. By removing paragraph (b)(3)(vi)(d).
0
f. By removing and reserving paragraph (b)(32).
0
g. By removing and reserving paragraph (b)(42).
0
h. By revising paragraph (r)(6) introductory text.
0
j. By removing and reserving paragraphs (x), (y), and (z)

Sec.  52.21  Prevention of significant deterioration of air quality.

    (a) * * *
    (2) * * *
    (iv) * * *
    (f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(2)(iv)(c) through (d) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(b)(23) of this section).
* * * * *
    (r) * * *
    (6) The provisions of this paragraph (r)(6) apply to projects at an
existing emissions unit at a major stationary source (other than
projects at a source with a PAL) in circumstances where there is a
reasonable possibility that a project that is not a part of a major
modification may result in a significant emissions increase and the
owner or operator elects to use the method specified in paragraphs
(b)(41)(ii)(a) through (c) of this section for calculating projected
actual emissions.
* * * * *
[FR Doc. E7-11289 Filed 6-12-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Page 21728]
[FR Doc No: 2023-07618]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, April 13, 2023.

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: April 6, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-07618 Filed 4-7-23; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Notices]
[Page 46955-46957]
[DOCID:fr15au06-74]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54286; File No. SR-NASDAQ-2006-028]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish a New Service Called FilterView

August 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 4, 2006, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by Nasdaq. Nasdaq has filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission.\5\ The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ Nasdaq has asked the Commission to waive the 30-day
operative delay. See Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-
4(f)(6)(iii).
---------------------------------------------------------------------------

    On February 22, 2006, The Nasdaq Stock Market, Inc. (Nasdaq
Inc.''), as a subsidiary of the National Association of Securities
Dealers, Inc. (``NASD''), initially provided notice pursuant to Rule
19b-4(f)(6)(iii) under the Act of its intent to file the proposed rule
change as an NASD rule. NASD, through Nasdaq Inc., then filed the
proposed rule change (SR-NASD-2006-034) on March 3, 2006, and received
confirmation through the electronic filing system that the proposed
rule change was received by the Commission.\6\ Later that same day,
after reviewing the proposed rule change, the Commission rejected the
proposed rule change because it contained inconsistencies that rendered
the proposed rule change unacceptable. Due to a systems error that is
still being investigated, Nasdaq Inc. did not receive notice that the
Commission had rejected the proposed rule change. On July 24, 2006,
Nasdaq Inc. contacted Commission Staff to inquire as to why notice of
the proposed rule change had not appeared in the Federal Register. At

that time, Commission Staff explained that the proposed rule change had
been rejected on March 3, 2006. Because Nasdaq Inc. never received
notice of the rejection, Nasdaq Inc. waited until the 30-day pre-
operative waiting period expired, and then implemented FilterView and
its fees as originally proposed in April.
---------------------------------------------------------------------------

    \6\ On August 1, 2006, Nasdaq began to operate as a national
securities exchange for purposes of trading Nasdaq-listed
securities.
---------------------------------------------------------------------------

    Nasdaq filed the instant proposed rule change to allow the public
the opportunity to comment on FilterView and its fees, despite the fact
that the service has been implemented since April.

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

    Nasdaq established a new service called FilterView that allows
market data distributors to receive a sub-set of existing real-time
data feed products to control bandwidth and computer processing costs.
The text of the proposed rule change is below. Proposed new language is
in italics; there are no proposed deletions.\7\
---------------------------------------------------------------------------

    \7\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://www.complinet.com/nasdaq. These

rules became effective on August 1, 2006 when Nasdaq commenced
operations as a national securities exchange for Nasdaq-listed
securities.
---------------------------------------------------------------------------

7037. Nasdaq FilterView Service

    The Nasdaq FilterView service shall allow a Distributor to receive
a sub-set of an existing real-time data feed distributed by Nasdaq.
FilterView service shall be available for a subscription fee of $500
per month per sub-set of data, in addition to the fees associated with
the relevant underlying data feed. There shall be no incremental user
charges for distributors related to use of the FilterView service.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    General industry trends have driven a significant increase in the
rates of market-data message traffic. For example, since January 2004
the 15-second peak message rate for TotalView, Nasdaq's full depth-of-
book data feed for Nasdaq-listed securities, has risen over 190
percent. Other data feeds, most notably in the options markets, are
experiencing similar rates of increase. Nasdaq believes this trend is
likely to continue, if not accelerate, due to the implementation of
Regulation NMS and other market changes that place an even greater
emphasis on automation.
    As a result, distributors and brokers that use and distribute real-
time market data have incurred significant incremental costs. First,
the telecommunications bandwidth a firm purchases must be increased to
handle the message traffic without material increases in latency or
dropped information. Second, once the data is received it must be
processed, with resulting hardware expenses. In some cases, the cost of
receiving and processing real-time data can surpass the cost of the
explicit fees charged for receiving such data. As a result, brokers and
distributors are seeking ways to ``filter'' the data they receive
(i.e., reduce the amount of data received without losing information
necessary for their trading activities). Any service that can
successfully filter the data without impacting data performance or
integrity is considered valuable, given the savings obtained from lower
telecommunications and hardware costs.
    To respond to this demand, Nasdaq offers the Nasdaq FilterView
service, whereby Nasdaq provides a sub-set of an existing data feed to
distributors seeking to limit the network and processing costs of
market data usage. Specifically, FilterView offers a variety of options
to receive only a portion of a pre-existing data feed. Original
offerings include pre-packaged portions of existing feeds, such as a
filtered version of TotalView that only contains Net Order Imbalance
Indicator information. Ultimately, clients may select their own
filtering parameters (requesting to receive data only for certain
stocks or other criteria) for a variety of data feeds, including data
feeds sourced from third parties.
    Filtered data feeds are made available through current Nasdaq data
dissemination architecture. Pricing for filtered data feeds is pursuant
to the existing fee structure applicable to the relevant feed, plus an
additional fee of $500 per month, per sub-set of data. For example, a
firm that requested a filtered version of TotalView would pay the
TotalView distributor fee (currently between $1,000 and $5,000 per
month) plus an additional fee of $500 per month for receiving the data
in filtered format. There is no incremental user fees assessed for
distribution of data feeds provided through FilterView to end users,
though normal per user fees for the relevant data feed continue to
apply.
    The Nasdaq FilterView service is an entirely voluntary service.
Firms can either take the feed as it exists currently for the fee that
is already in place, or they can voluntarily choose to filter out some
of the elements for the added fee for their own pricing or competitive
reasons.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with
Sections 6(b)(4) of the Act,\9\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using Nasdaq's facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A)

of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
    Nasdaq has requested that the Commission waive the 30-day operative
delay contained in Rule 19b-4(f)(6)(iii) under the Act.\12\ Because
FilterView and its fees have been in operation since April 2006 and
imposition of the 30-day operative delay could result in the
discontinuation of current services, the Commission believes such
waiver is consistent with the protection of investors and the public
interest. Accordingly, the Commission designates the proposal to be
effective and operative upon filing with the Commission.\13\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-NASDAQ-2006-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2006-028. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NASDAQ. 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-NASDAQ-2006-028 and should be submitted on or before
September 5, 2006.

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-13319 Filed 8-14-06; 8:45 am]

BILLING CODE 8010-01-P