[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Notices]
[Page 5093-5094]
[DOCID:fr31ja06-78]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53172; File No. SR-CBOE-2006-07]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Dividend, Merger, and Short Stock
Interest Spread Fee Cap Program

January 24, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 13, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which items have been prepared by CBOE. CBOE
has designated the proposed rule change as one establishing or changing
a due, fee, or other charge, pursuant to Section 19(b)(3)(A)(ii) of the
Act \3\ and Rule 19B-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend its Fees Schedule to amend the definitions
of dividend, merger and short stock interest spreads for purposes of
the Exchange's strategy fee cap program.
    The text of the proposed rule change is available on CBOE's Web
site at http://www.cboe.com, at the Office of the Secretary at CBOE,

and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange currently caps market-maker, firm, and broker-dealer
transaction fees associated with dividend spread, merger spread and
short stock interest spread transactions (``Strategy Fee Cap''). The
definition of each strategy is set forth on the CBOE Fees Schedule.\5\
The Strategy Fee Cap is in effect as a pilot program that is due to
expire on March 1, 2006.
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    \5\ See CBOE Fees Schedule, fn. 13.
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    The Exchange proposes to amend the definitions of dividend, merger
and short stock interest spreads for purposes of the Strategy Fee Cap
program, in order to add clarity and to make the definitions more
consistent with each other.
    First, the Exchange proposes to amend the definitions of dividend,
merger, and short stock interest spreads in order to clarify that
transactions done to achieve a dividend, merger or short stock interest
arbitrage do not necessarily need to be ``spreads'' in order to qualify
for the Strategy Fee Cap. According to the market participants
(generally professionals) that engage in these strategies, each of
these strategies can be achieved either by purchasing and selling the
same option series or different options series. Accordingly, as
explained in further detail below, the Exchange proposes to revise each
definition to refer to each strategy as a ``strategy'' instead of as a
``spread'' and to change each definition in certain respects to make
clear that transactions done to achieve a dividend, merger, or short
stock interest arbitrage that involve only one options series may also
qualify for the Strategy Fee Cap.
    Second, the Exchange is also proposing changes to the definition of
each strategy to better reflect the similarities between the
strategies. Dividend, merger, and short stock interest strategies are
strategies that have similar economic risks and are executed in similar
ways. As explained in more detail below, each proposed definition will
be clarified to reflect that each strategy involves the ``purchase,
sale and exercise'' of options. Each proposed definition will also be
clarified to reflect that the options involved must be of the ``same
class''.
    The Exchange defines a dividend spread for purposes of the Strategy
Fee Cap as any trade done to achieve a dividend arbitrage between any
two deep-in-the-money options. The Exchange proposes to change
``dividend spread'' to ``dividend strategy'', and proposes to define a
dividend strategy as ``transactions done to achieve a dividend
arbitrage involving the purchase, sale and exercise of in-the-money
options of the same class, executed prior to the date on which the
underlying stock goes ex-dividend.'' The word ``two'' is not included
in the new definition so that transactions involving only a single
options series that are done to achieve a dividend arbitrage may also
qualify for the Strategy Fee Cap. The word ``deep'' is also not
included in the new definition because the options used do not
necessarily need to be deep-in-the-money options and also because of
the difficulty in defining what constitutes ``deep'' in-the-money. The
definition is clarified by making explicit two requirements: the
options must be of the same class and the transactions must be effected
prior to the date on which the underlying stock goes ex-dividend.
    The Exchange defines a merger spread for purposes of the Strategy
Fee Cap as a transaction executed pursuant to a strategy involving the
simultaneous purchase and sale of options of the same class and
expiration date, but with different strike prices, followed by the
exercise of the resulting long options position, each executed prior to
the date on which shareholders of record are required to elect their
respective form of consideration, i.e., cash or stock. The Exchange
proposes to change ``merger spread'' to ``merger strategy'', and
proposes to define a merger strategy as ``transactions done to achieve
a merger arbitrage involving the purchase, sale and exercise of options
of the same class and expiration date, executed prior to the date on
which shareholders of record are required to elect their respective
form of consideration, i.e., cash or stock.'' The proposed definition
does not include the words ``but with different strike prices'' so that
transactions involving only a single options series that are done to
achieve

a merger arbitrage may also qualify for the Strategy Fee Cap. The word
``simultaneous'' is also not included in the new definition because the
purchase and sale transactions do not necessarily need to be executed
simultaneously.
    The Exchange defines a short stock interest spread for purposes of
the Strategy Fee Cap as a spread that uses two deep in-the-money put
options followed by the exercise of the resulting long position of the
same class in order to establish a short stock interest arbitrage
position. The Exchange proposes to change ``short stock interest
spread'' to ``short stock interest strategy'', and proposes to define a
short stock interest strategy as ``transactions done to achieve a short
stock interest arbitrage involving the purchase, sale and exercise of
in-the-money options of the same class.'' The words ``spread'' and
``two'' are not included in the new definition so that transactions
involving only a single options series that are done to achieve a short
stock interest arbitrage may also qualify for the Strategy Fee Cap. The
word ``deep'' is not included in the new definition for the same
reasons it was removed from the definition of dividend strategy. Also,
``put'' is not included in the new definition because a short stock
interest strategy can be accomplished using either calls or puts.
    The Exchange proposes one additional minor clarifying change to
footnote 13 of the Fees Schedule. The Exchange proposes to clarify that
the $50,000 per month fee cap is ``per initiating member'' as well as
per initiating firm, because the cap also applies to individual members
effecting these strategies.
    The Exchange believes that accommodating these transactions by
keeping fees low will attract additional liquidity to the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \6\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \7\ in
particular, in that it is an equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other persons
using its facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were solicited or received on the proposed rule
change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder \9\ because it establishes or changes a due, fee, or other
charge. At any time within 60 days of the filing of the 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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-CBOE-2006-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-CBOE-2006-07. 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 CBOE. 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-CBOE-2006-07 and should be submitted on or before February 21, 2006.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-1165 Filed 1-30-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 24816-24819]
[FR Doc No: 2015-10215]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0333]
RIN 1625-AA00

Safety Zone; Floating Construction Platform, Chicago River,
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
South Branch of the Chicago River, Chicago, Illinois. This temporary
safety zone is intended to restrict vessels from a designated portion
of the South

Branch of the Chicago River due to the transit of a floating
construction platform on April 26, 2015, or alternatively on a later
date. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with the
transit of the floating construction platform.

DATES: This rule is effective from May 1, 2015 until May 9, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0333. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact or email MST1 John Ng, U.S. Coast Guard Marine Safety Unit
Chicago, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you have questions
on viewing the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because doing so would be impracticable and
contrary to public interest. On April 22, 2015, the Coast Guard
established a temporary safety zone to accommodate the transit of the
floating construction platform, which was scheduled for April 19, 2015
(USCG-2015-0277). However, we recently learned that scheduled transit
would be postponed to April 26, 2015. We did not know of this change
and the final details for this event until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect participants,
spectators and vessels from the hazards associated with this operation,
which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On April 26, 2015, or alternatively on a later date on or prior to
May 9, 2015, a floating construction platform will transit up the South
Branch of the Chicago River, Chicago, Illinois from the Canal Street
Bridge to the Lake Street Bridge. The Captain of the Port Lake Michigan
has determined that the transit of the floating construction platform
poses a significant risk to public safety and property. Such hazards
include limited maneuverability and restricted visibility associated
with the transit of a floating construction platform.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of vessels during the transit of the
floating construction platform on the South Branch of the Chicago
River. This rule was enforced from 5:00 a.m. to 12:00 p.m. on April 26,
2015. However, enforcement may occur on a later date within this
effective period due to an unanticipated delay. In the event of a
postponement, advanced notice of the enforcement time will be provided
through Broadcast Notice to Mariners. The safety zone will encompass
all waters of South Branch of the Chicago River, Chicago, IL, from the
Canal Street Bridge to the Lake Street Bridge.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will only
impact a small area of the Chicago River and will be enforced for an
estimated period of seven hours on one day between April 25, 2015 and
May 9, 2015. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port or a designated on-scene representative.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the affected portion of the South Branch of the
Chicago River between 5:00 a.m. and 12:00 p.m. on April 26, 2015, or
alternatively on a later date.
    This safety zone will not have a significant economic impact on a

substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If this rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0333 to read as follows:

Sec.  165.T09-0333  Safety Zone; Floating Construction Platform,
Chicago River, Chicago, IL.

    (a) Location. All waters of the South Branch of the Chicago River,
Chicago, IL, from Canal Street Bridge to Lake Street Bridge.
    (b) Effective and Enforcement Period. This rule is effective from
May 1, 2015 until May 9, 2015. This rule was enforced on April 26,
2015, by actual notice. This rule may be enforced by actual or
constructive notice after publication until May 9, 2015.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless

authorized by the Captain of the Port Lake Michigan or a designated on-
scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or an on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or an on-scene representative.

    Dated: April 22, 2015.
K.M. Moser,
Commander, U.S. Coast Guard, Acting Captain of the Port, Lake Michigan.
[FR Doc. 2015-10215 Filed 4-30-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40297-40298]
[FR Doc No: 2016-14594]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-520-000]

Tennessee Gas Pipeline Company, LLC; Notice of Availability of
the Environmental Assessment for the Proposed Triad Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Triad
Expansion Project, proposed by Tennessee Gas Pipeline Company, LLC
(Tennessee) in the above-referenced docket. Tennessee requests
authorization to construct and operate pipeline facilities, to modify
existing aboveground facilities, and add new tie-in facilities in
Susquehanna County, Pennsylvania.
    The EA assesses the potential environmental effects of the
construction and operation of the Triad Expansion Project in accordance
with the requirements of the National Environmental Policy Act (NEPA).
The FERC staff concludes that approval of the proposed project, with
appropriate mitigating measures, would not constitute a major federal
action significantly affecting the quality of the human environment.
    The proposed Triad Expansion Project includes the following
facilities:
     Approximately 7.0 miles of new 36-inch-diameter looping
\1\ pipeline in Susquehanna County, Pennsylvania;
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    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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     A new internal pipeline inspection (``pig'') launcher,
crossover, and connecting facilities at the beginning of the proposed
pipeline loop in Susquehanna County, Pennsylvania; and
     A new ``pig'' receiver, a new odorant facility, and
ancillary piping at the existing Compressor Station 321 in Susquehanna
County, Pennsylvania.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies of the EA are available for distribution and public

inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before July 15,
2016.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP15-520-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214). \2\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \2\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
520). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: June 15, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-14594 Filed 6-20-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Pages 20691-20692]
[FR Doc No: 2021-08229]

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

[EPA-HQ-OPP-2021-0080; FRL-10022-57]

Pesticide Product Registration; Receipt of Applications for New
Uses--April 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before May 21, 2021.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the File Symbol or the EPA registration
number of interest as shown in the body of this document, 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: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 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 https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511P), main telephone number: (703)
305-7090, email address<EMAIL_ADDRESS>or Marietta Echeverria,
Registration Division (7505P), main telephone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-
0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

Notice of Receipt--New Uses

    1. EPA Registration Number or File Symbol: 0F8868, 100-1592. Docket
ID number: EPA-HQ-OPP-2021-0154. Applicant: Syngenta Crop Protection
LLC, P.O. Box 18300 Greensboro, NC 27419-8300. Active ingredient:
Cyantraniliprole and Abamectin. Product type: Insecticide/Miticide.
Proposed Use: Inadvertent residues in or on sugarcane. Contact: RD.
    2. EPA File Symbol: 7173-GNO. Docket ID number: EPA-HQ-OPP-2021-
0252. Applicant: Liphatech, Inc., 3600 W Elm Street, Milwaukee, WI
52309. Active Ingredient: Chlorophacinone. Product type: Rodenticide.
Proposed Use: Non-food areas in and around herbs and spices; forest
areas; grass forage, fodder, and hay; nongrass animal feeds (forage,
fodder, straw, and hay); cereal grains; edible seed crops; oil seed
crops; fiber crops; vegetable crops; pastures. Contact: RD.
    3. File Symbol: 56336-IR. Docket ID number: EPA-HQ-OPP-2021-0159.
Applicant: Suterra LLC, 20950 NE Talus Place, Bend, OR 97701. Active
ingredient: (3S, 6R), (3S, 6S)-3-Methyl-6-isopropenyl-9-decen-1-yl
acetate. Product type: Insecticide. Proposed use: Biochemical arthropod
mating disruptor for California Red Scale (Aonidiella aurantii).
Contact: BPPD.
    4. EPA Registration Number: 59639-201. Docket ID number: EPA-HQ-
OPP-2021-0204. Applicant: Valent U.S.A. LLC, 4600 Norris Canyon Road,
P.O. Box 5075, San Ramon, CA 94583-0975. Active ingredient:
Mandestrobin (2RS)-2-{2-[(2,5-dimethylphenoxy)methyl]phenyl{time} -2-
methoxy-N-methylacetamide. Product type: Fungicide. Proposed use:
Lettuce, head and Lettuce, leaf. Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 8, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-08229 Filed 4-20-21; 8:45 am]
BILLING CODE 6560-50-P


Record for the Proposed Section 316( b) Rule for Phase III Facilities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A Date Created:

By:

Data Sources:

Created by:

File Description:

Worksheet Description: Adj Fctr Matrix Tables Memo Adjustment Factors # Co by Ind& Year # Co by Ind Output Linear Trend vs Index Beverages  Steel Purpose:

11/ 01/ 04 1 of 37 DCTM_ ARP. xls, File Info Record for the Proposed Section 316( b) Rule for Phase III Facilities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 B 5/ 25/ 2006 Abt Associates Inc.

SAS Analysis Output file: " Adjustment. xls"

" ATCF_ Industry_ Analysis_ GDP_ Adjusted_ Average_ Indexed_ 013006. sas"

Calculates the industry specific factors used to adjust facility cash flow, as calculated from facility survey responses, for the change in industry specific conditions from the time of the 316( b) survey to 2005. This file receives output data from a SAS analysis of firm financial performance over the period 1992 2005.

Containts table for the report. Containts tables for the report. Reports the industry specific factors used to adjust facility cash flow, as calculated from facility survey responses, for the change in industry specific conditions from the time of the 316( b) survey to 2005. Also, calculates adjustment factors for the potential compliance years based on predicted values beyond 2005.

Reports the number of companies used in the analysis by industry by year. Reports the number of companies used in the analysis by industry. Raw output data from SAS. Formatted output data from SAS. Series of charts of the actual and trend predicted industry specific cash flow values over the 1992 2005 analysis period. These charts appear in the Economic Analysis report appendix.

Calculation of industry specific factors for adjusting facility cash flow for the change in industry specific conditions from the time of the 316( b) survey to the end of 2005.

11/ 01/ 04 2 of 37 DCTM_ ARP. xls, File Info Adjustments to 3 Year Average of Constant Dollar Pre Interest After Tax Cash Flow Multiply Constant Dollar Pre Interest After Tax Cash Flow by Indicated Values Adjusting to ATCF Trend Proposal Analysis Revised Analysis for Final Regulation Adjust to Adjust to 2005 Adjust to 2005 Industry 2003 Symmetric Downward Only Iron and Steel 0.8056 0.9096 0.9096 Industrial Chemicals 0.9228 1.1543 1.0000 Aluminum Analysis not undertaken for Aluminum Industry Petroleum Refining 1.2480 1.4914 1.0000 Pharmaceuticals 1.3171 1.2526 1.0000 Plastics and Synthetic Fibers 1.1398 1.1948 1.0000 Pulp & Paper Mills 1.0397 1.0386 1.0000 Beverages 1.3076 1.0000 Food Processing 1.3835 1.0000 6/ 22/ 2006, 8: 56 AM 3 DCTM_ ARP. xls, Adj Fctr Matrix 316( b) Phase III Industry Group Estimated Trend Average of ATCF Index Values at 1996 1998 Average of Predicted Trend Values at 1996 1998 Beverages 0.0431 0.988 0.947 Food Processing 0.0433 0.930 0.940 Aluminum Pulp and Paper Mills 0.0003 0.995 1.031 Industrial Chemicals 0.0282 1.042 0.977 Plastics Material and Resins 0.0302 1.012 0.968 Pharmaceuticals 0.0328 1.005 0.996 Petroleum Refining 0.0428 0.922 1.032 Steel 0.0112 1.237 1.035 316( b) Phase III Industry Group Percentage Difference in Actual and Predicted ATCF Index Values at 1996 1998 Percentage Difference in Actual ATCF Index Values at 1996 1998 and Trend Predicted Value at 2005 Beverages 4.3%  23.5% Food Processing  1.1%  27.7% Aluminum Analysis not undertaken for the Aluminum industry Pulp and Paper Mills  3.5%  3.7% Industrial Chemicals 6.6%  13.4% Plastics Material and Resins 4.6%  16.3% Pharmaceuticals 0.9%  20.2% Petroleum Refining  10.7%  32.9% Steel 19.5% 9.9% Table: Key Results from Analysis of After Tax Cash Flow Trends by 316( b) Industry for 1992 2005 Analysis not undertaken for the Aluminum industry Table: Estimated Relationship Between Actual ATCF at Survey Period and Trend Predicted Values at Survey Period and End of Analysis Period Predicted Trend Value at 2005 1.292 1.286 1.033 1.203 1.209 1.259 1.374 1.125 Adjustment Factors ATCF Adjustment Factors Output from ' ATCF_ Industry_ Analysis_ GDP_ Adjusted_ Average_ Indexed_ 011806. sas'. Values bey Industry Data Field 1992 1993 1994 Beverages Intercept 0.69 0.69 0.69 Slope 0.04 0.04 0.04 Time Trend 0.73 0.77 0.82 Index ATCF 0.74 0.73 0.80 Average, 1996 1998 Index ATCF 0.99 0.99 0.99 Adjustment Factor 0.74 0.78 0.83 Food Processing Intercept 0.68 0.68 0.68 Slope 0.04 0.04 0.04 Time Trend 0.72 0.77 0.81 Index ATCF 0.76 0.75 0.85 Average, 1996 1998 Index ATCF 0.93 0.93 0.93 Adjustment Factor 0.78 0.82 0.87 Industrial Chemicals Intercept 0.81 0.81 0.81 Slope 0.03 0.03 0.03 Time Trend 0.84 0.86 0.89 Index ATCF 0.82 0.82 0.91 Average, 1996 1998 Index ATCF 1.04 1.04 1.04 Adjustment Factor 0.80 0.83 0.86 Petroleum Refining Intercept 0.78 0.78 0.78 Slope 0.04 0.04 0.04 Time Trend 0.82 0.86 0.90 Index ATCF 0.91 1.09 0.92 Average, 1996 1998 Index ATCF 0.92 0.92 0.92 Adjustment Factor 0.89 0.93 0.98 Pharmaceuticals Intercept 0.80 0.80 0.80 Slope 0.03 0.03 0.03 Time Trend 0.83 0.86 0.90 Index ATCF 0.72 0.74 0.76 Average, 1996 1998 Index ATCF 1.00 1.00 1.00 Adjustment Factor 0.83 0.86 0.89 Plastics and Synthetics Intercept 0.79 0.79 0.79 Slope 0.03 0.03 0.03 Page 6 Adjustment Factors Time Trend 0.82 0.85 0.88 Index ATCF 0.78 0.75 0.83 Average, 1996 1998 Index ATCF 1.01 1.01 1.01 Adjustment Factor 0.81 0.84 0.87 Pulp & Paper Mills Intercept 1.03 1.03 1.03 Slope 0.00 0.00 0.00 Time Trend 1.03 1.03 1.03 Index ATCF 0.79 0.92 0.99 Average, 1996 1998 Index ATCF 0.99 0.99 0.99 Adjustment Factor 1.03 1.04 1.04 Steel Intercept 0.97 0.97 0.97 Slope 0.01 0.01 0.01 Time Trend 0.98 0.99 1.00 Index ATCF 0.55 0.83 1.04 Average, 1996 1998 Index ATCF 1.24 1.24 1.24 Adjustment Factor 0.79 0.80 0.81 Page 7 Adjustment Factors beyond 2005 are calculated in the spreadsheet. from analysis of cash flow and trends by industry 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.69 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.86 0.90 0.95 0.99 1.03 1.08 1.12 1.16 1.21 1.25 0.84 0.92 1.04 1.01 0.98 1.05 1.13 1.17 1.24 1.27 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.87 0.91 0.96 1.00 1.05 1.09 1.13 1.18 1.22 1.26 0.68 0.68 0.68 0.68 0.68 0.68 0.68 0.68 0.68 0.68 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.85 0.90 0.94 0.98 1.03 1.07 1.11 1.16 1.20 1.24 0.89 0.93 0.94 0.93 0.92 0.99 1.05 1.15 1.33 1.30 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.92 0.96 1.01 1.06 1.10 1.15 1.20 1.24 1.29 1.34 0.81 0.81 0.81 0.81 0.81 0.81 0.81 0.81 0.81 0.81 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.92 0.95 0.98 1.01 1.03 1.06 1.09 1.12 1.15 1.17 1.10 1.05 1.05 1.02 1.00 1.04 0.83 0.77 0.99 1.29 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 0.88 0.91 0.94 0.96 0.99 1.02 1.05 1.07 1.10 1.13 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.95 0.99 1.03 1.07 1.12 1.16 1.20 1.25 1.29 1.33 0.97 0.76 1.12 0.89 0.72 1.33 1.32 0.73 1.21 1.70 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 1.03 1.07 1.12 1.17 1.21 1.26 1.31 1.35 1.40 1.44 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.93 0.96 1.00 1.03 1.06 1.09 1.13 1.16 1.19 1.23 0.84 0.91 1.01 1.10 1.32 1.38 1.44 1.04 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.93 0.96 0.99 1.02 1.06 1.09 1.12 1.15 1.19 1.22 0.79 0.79 0.79 0.79 0.79 0.79 0.79 0.79 0.79 0.79 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 Page 8 Adjustment Factors 0.91 0.94 0.97 1.00 1.03 1.06 1.09 1.12 1.15 1.18 0.96 0.95 1.01 1.08 1.14 1.10 1.03 1.03 1.08 1.19 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 0.90 0.93 0.96 0.99 1.02 1.05 1.08 1.11 1.14 1.16 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.03 1.49 1.05 0.91 1.03 1.36 1.29 0.93 0.86 0.98 0.91 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 0.99 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 1.01 1.02 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.26 1.14 1.33 1.24 1.06 1.11 0.65 0.88 0.76 1.66 1.24 1.24 1.24 1.24 1.24 1.24 1.24 1.24 1.24 1.24 0.82 0.83 0.84 0.85 0.86 0.86 0.87 0.88 0.89 0.90 Page 9 Adjustment Factors Rule Yr Potential Compliance Years 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 0.69 0.04 1.29 1.34 1.38 1.42 1.46 1.51 1.55 1.59 1.64 1.68 1.24 1.28 1.32 1.37 1.41 1.45 1.50 1.54 1.58 1.63 0.99 1.31 1.35 1.39 1.44 1.48 1.53 1.57 1.61 1.66 1.70 0.68 0.04 1.29 1.33 1.37 1.42 1.46 1.50 1.55 1.59 1.63 1.68 1.28 1.33 1.37 1.41 1.46 1.50 1.54 1.59 1.63 1.67 0.93 1.38 1.43 1.48 1.52 1.57 1.62 1.66 1.71 1.76 1.80 0.81 0.03 1.20 1.23 1.26 1.29 1.32 1.34 1.37 1.40 1.43 1.46 1.50 1.53 1.56 1.59 1.62 1.64 1.67 1.70 1.73 1.76 1.04 1.15 1.18 1.21 1.24 1.26 1.29 1.32 1.34 1.37 1.40 0.78 0.04 1.37 1.42 1.46 1.50 1.55 1.59 1.63 1.67 1.72 1.76 2.24 2.28 2.32 2.37 2.41 2.45 2.50 2.54 2.58 2.62 0.92 1.49 1.54 1.58 1.63 1.68 1.72 1.77 1.82 1.86 1.91 0.80 0.03 1.26 1.29 1.32 1.36 1.39 1.42 1.46 1.49 1.52 1.55 1.22 1.25 1.28 1.31 1.35 1.38 1.41 1.45 1.48 1.51 1.00 1.25 1.29 1.32 1.35 1.38 1.42 1.45 1.48 1.51 1.55 0.79 0.03 Page 10 Adjustment Factors 1.21 1.24 1.27 1.30 1.33 1.36 1.39 1.42 1.45 1.48 1.23 1.26 1.29 1.32 1.35 1.38 1.41 1.44 1.47 1.50 1.01 1.19 1.22 1.25 1.28 1.31 1.34 1.37 1.40 1.43 1.46 1.03 0.00 1.03 1.03 1.03 1.03 1.03 1.03 1.04 1.04 1.04 1.04 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.99 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 0.97 0.01 1.12 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.23 1.58 1.59 1.60 1.61 1.62 1.63 1.65 1.66 1.67 1.68 1.24 0.91 0.92 0.93 0.94 0.95 0.95 0.96 0.97 0.98 0.99 Page 11 Adjustment Factors Page 12 # Co by Ind& Year Number of Companies Used in the Analysis by Industry and Year SAS Output Industry Year Number of Companies Beverages 1992 7 Beverages 1993 7 Beverages 1994 7 Beverages 1995 7 Beverages 1996 7 Beverages 1997 7 Beverages 1998 7 Beverages 1999 7 Beverages 2000 7 Beverages 2001 7 Beverages 2002 7 Beverages 2003 6 Beverages 2004 6 Beverages 2005 4 Food Processing 1992 19 Food Processing 1993 20 Food Processing 1994 20 Food Processing 1995 20 Food Processing 1996 20 Food Processing 1997 20 Food Processing 1998 20 Food Processing 1999 20 Food Processing 2000 20 Food Processing 2001 20 Food Processing 2002 20 Food Processing 2003 19 Food Processing 2004 19 Food Processing 2005 16 Industrial Chemicals 1992 15 Industrial Chemicals 1993 15 Industrial Chemicals 1994 15 Industrial Chemicals 1995 15 Industrial Chemicals 1996 15 Industrial Chemicals 1997 15 Industrial Chemicals 1998 15 Industrial Chemicals 1999 15 Industrial Chemicals 2000 15 Industrial Chemicals 2001 15 Industrial Chemicals 2002 15 Industrial Chemicals 2003 13 Industrial Chemicals 2004 12 Industrial Chemicals 2005 10 Petroleum Refining 1992 6 Petroleum Refining 1993 6 Petroleum Refining 1994 6 Petroleum Refining 1995 6 Page 13 # Co by Ind& Year Petroleum Refining 1996 6 Petroleum Refining 1997 6 Petroleum Refining 1998 6 Petroleum Refining 1999 6 Petroleum Refining 2000 6 Petroleum Refining 2001 6 Petroleum Refining 2002 6 Petroleum Refining 2003 3 Petroleum Refining 2004 2 Petroleum Refining 2005 1 Pharmaceuticals 1992 4 Pharmaceuticals 1993 4 Pharmaceuticals 1994 4 Pharmaceuticals 1995 4 Pharmaceuticals 1996 4 Pharmaceuticals 1997 4 Pharmaceuticals 1998 4 Pharmaceuticals 1999 4 Pharmaceuticals 2000 4 Pharmaceuticals 2001 4 Pharmaceuticals 2002 4 Pharmaceuticals 2003 4 Pharmaceuticals 2004 4 Pharmaceuticals 2005 4 Plastics and Synthetics 1992 15 Plastics and Synthetics 1993 15 Plastics and Synthetics 1994 15 Plastics and Synthetics 1995 15 Plastics and Synthetics 1996 15 Plastics and Synthetics 1997 15 Plastics and Synthetics 1998 15 Plastics and Synthetics 1999 15 Plastics and Synthetics 2000 15 Plastics and Synthetics 2001 15 Plastics and Synthetics 2002 15 Plastics and Synthetics 2003 15 Plastics and Synthetics 2004 14 Plastics and Synthetics 2005 12 Pulp & Paper Mills 1992 6 Pulp & Paper Mills 1993 6 Pulp & Paper Mills 1994 6 Pulp & Paper Mills 1995 5 Pulp & Paper Mills 1996 6 Pulp & Paper Mills 1997 6 Pulp & Paper Mills 1998 6 Pulp & Paper Mills 1999 6 Pulp & Paper Mills 2000 6 Pulp & Paper Mills 2001 6 Pulp & Paper Mills 2002 6 Page 14 # Co by Ind& Year Pulp & Paper Mills 2003 6 Pulp & Paper Mills 2004 5 Pulp & Paper Mills 2005 4 Steel 1992 14 Steel 1993 14 Steel 1994 14 Steel 1995 14 Steel 1996 14 Steel 1997 14 Steel 1998 14 Steel 1999 14 Steel 2000 14 Steel 2001 14 Steel 2002 14 Steel 2003 10 Steel 2004 8 Steel 2005 4 Page 15 # Co by Ind Number of Companies Used in the Analysis by Industry SAS Output Industry Number of Companies Beverages 7 Food Processing 20 Industrial Chemicals 15 Petroleum Refining 6 Pharmaceuticals 4 Plastics and Synthetics 15 Pulp & Paper Mills 6 Steel 14 Total 87 Page 16 Output Time Trend and Index ATCF Values SAS Output Industry Year trend weigh_ avg_ indexATCF_ adj Beverages 1992 0.731566693 0.743979722 Beverages 1993 0.77469611 0.731517214 Beverages 1994 0.817825527 0.799012427 Beverages 1995 0.860954944 0.843082532 Beverages 1996 0.904084361 0.918370811 Beverages 1997 0.947213778 1.037382241 Beverages 1998 0.990343196 1.00898938 Beverages 1999 1.033472613 0.984768704 Beverages 2000 1.07660203 1.054281906 Beverages 2001 1.119731447 1.129982888 Beverages 2002 1.162860864 1.171532775 Beverages 2003 1.205990281 1.235680774 Beverages 2004 1.249119698 1.268340058 Beverages 2005 1.292249115 1.237432674 Food Processing 1992 0.722954815 0.756464107 Food Processing 1993 0.766280202 0.746016861 Food Processing 1994 0.80960559 0.853844557 Food Processing 1995 0.852930977 0.885394853 Food Processing 1996 0.896256364 0.925212483 Food Processing 1997 0.939581752 0.935402668 Food Processing 1998 0.982907139 0.928353788 Food Processing 1999 1.026232527 0.924287342 Food Processing 2000 1.069557914 0.990298192 Food Processing 2001 1.112883302 1.053002564 Food Processing 2002 1.156208689 1.154405155 Food Processing 2003 1.199534076 1.325081652 Food Processing 2004 1.242859464 1.300695729 Food Processing 2005 1.286184851 1.282740178 Industrial Chemicals 1992 0.836240203 0.817763198 Industrial Chemicals 1993 0.864454097 0.820009794 Industrial Chemicals 1994 0.892667991 0.90932693 Industrial Chemicals 1995 0.920881885 1.096253357 Industrial Chemicals 1996 0.949095779 1.054145588 Industrial Chemicals 1997 0.977309674 1.048610866 Industrial Chemicals 1998 1.005523568 1.02391461 Industrial Chemicals 1999 1.033737462 1.004638129 Industrial Chemicals 2000 1.061951356 1.042910904 Industrial Chemicals 2001 1.09016525 0.8305831 Industrial Chemicals 2002 1.118379144 0.766498253 Industrial Chemicals 2003 1.146593038 0.992501905 Industrial Chemicals 2004 1.174806932 1.29225952 Industrial Chemicals 2005 1.203020826 1.503721732 Petroleum Refining 1992 0.81810913 0.909807262 Petroleum Refining 1993 0.860902813 1.092208649 Petroleum Refining 1994 0.903696495 0.915386243 Petroleum Refining 1995 0.946490178 0.973861766 Page 17 Output Petroleum Refining 1996 0.989283861 0.759193192 Petroleum Refining 1997 1.032077544 1.117798172 Petroleum Refining 1998 1.074871226 0.887699624 Petroleum Refining 1999 1.117664909 0.721944432 Petroleum Refining 2000 1.160458592 1.3276229 Petroleum Refining 2001 1.203252275 1.315145908 Petroleum Refining 2002 1.246045957 0.728259226 Petroleum Refining 2003 1.28883964 1.206613505 Petroleum Refining 2004 1.331633323 1.699755441 Petroleum Refining 2005 1.374427005 2.239112666 Pharmaceuticals 1992 0.832046618 0.720801968 Pharmaceuticals 1993 0.86486167 0.744049342 Pharmaceuticals 1994 0.897676721 0.75664853 Pharmaceuticals 1995 0.930491772 0.836797283 Pharmaceuticals 1996 0.963306824 0.905923319 Pharmaceuticals 1997 0.996121875 1.013102907 Pharmaceuticals 1998 1.028936927 1.095399749 Pharmaceuticals 1999 1.061751978 1.317286168 Pharmaceuticals 2000 1.094567029 1.383178575 Pharmaceuticals 2001 1.127382081 1.438039124 Pharmaceuticals 2002 1.160197132 1.044122604 Pharmaceuticals 2003 1.193012184 1.00116433 Pharmaceuticals 2004 1.225827235 0.996260402 Pharmaceuticals 2005 1.258642286 1.215952775 Plastics and Synthetics 1992 0.817211524 0.778296268 Plastics and Synthetics 1993 0.847371568 0.747073428 Plastics and Synthetics 1994 0.877531611 0.834084543 Plastics and Synthetics 1995 0.907691655 0.963171701 Plastics and Synthetics 1996 0.937851698 0.946935459 Plastics and Synthetics 1997 0.968011742 1.010935545 Plastics and Synthetics 1998 0.998171786 1.078520723 Plastics and Synthetics 1999 1.028331829 1.144521834 Plastics and Synthetics 2000 1.058491873 1.096525775 Plastics and Synthetics 2001 1.088651916 1.030680573 Plastics and Synthetics 2002 1.11881196 1.027671563 Plastics and Synthetics 2003 1.148972003 1.08473634 Plastics and Synthetics 2004 1.179132047 1.191810034 Plastics and Synthetics 2005 1.20929209 1.226143705 Pulp & Paper Mills 1992 1.029588462 0.785355771 Pulp & Paper Mills 1993 1.029884122 0.919865448 Pulp & Paper Mills 1994 1.030179783 0.99148568 Pulp & Paper Mills 1995 1.030475443 1.4916242 Pulp & Paper Mills 1996 1.030771103 1.045822352 Pulp & Paper Mills 1997 1.031066763 0.906447449 Pulp & Paper Mills 1998 1.031362423 1.032666079 Pulp & Paper Mills 1999 1.031658083 1.360872337 Pulp & Paper Mills 2000 1.031953743 1.287797568 Pulp & Paper Mills 2001 1.032249404 0.929736859 Pulp & Paper Mills 2002 1.032545064 0.8575757 Page 18 Output Pulp & Paper Mills 2003 1.032840724 0.97613148 Pulp & Paper Mills 2004 1.033136384 0.913573982 Pulp & Paper Mills 2005 1.033432044 0.951974128 Steel 1992 0.979211326 0.548780351 Steel 1993 0.990419891 0.832132713 Steel 1994 1.001628457 1.043225619 Steel 1995 1.012837023 1.262182737 Steel 1996 1.024045589 1.141889126 Steel 1997 1.035254154 1.330824264 Steel 1998 1.04646272 1.237495502 Steel 1999 1.057671286 1.058333061 Steel 2000 1.068879851 1.110237667 Steel 2001 1.080088417 0.649116283 Steel 2002 1.091296983 0.882398202 Steel 2003 1.102505549 0.757771686 Steel 2004 1.113714114 1.664822299 Steel 2005 1.12492268 1.578421251 Page 19 Output Page 20 Output Page 21 Output Page 22 Output Page 23 Output Page 24 Output Page 25 Output Page 26 Linear Trend vs Index Industry Year Time Trend Index ATCF Number of Co Beverages 1992 0.73 0.74 7 Beverages 1993 0.77 0.73 7 Beverages 1994 0.82 0.80 7 Beverages 1995 0.86 0.84 7 Beverages 1996 0.90 0.92 7 Beverages 1997 0.95 1.04 7 Beverages 1998 0.99 1.01 7 Beverages 1999 1.03 0.98 7 Beverages 2000 1.08 1.05 7 Beverages 2001 1.12 1.13 7 Beverages 2002 1.16 1.17 7 Beverages 2003 1.21 1.24 6 Beverages 2004 1.25 1.27 6 Beverages 2005 1.29 1.24 4 Food Processing 1992 0.72 0.76 19 Food Processing 1993 0.77 0.75 20 Food Processing 1994 0.81 0.85 20 Food Processing 1995 0.85 0.89 20 Food Processing 1996 0.90 0.93 20 Food Processing 1997 0.94 0.94 20 Food Processing 1998 0.98 0.93 20 Food Processing 1999 1.03 0.92 20 Food Processing 2000 1.07 0.99 20 Food Processing 2001 1.11 1.05 20 Food Processing 2002 1.16 1.15 20 Food Processing 2003 1.20 1.33 19 Food Processing 2004 1.24 1.30 19 Food Processing 2005 1.29 1.28 16 Industrial Chemicals 1992 0.84 0.82 15 Industrial Chemicals 1993 0.86 0.82 15 Industrial Chemicals 1994 0.89 0.91 15 Industrial Chemicals 1995 0.92 1.10 15 Industrial Chemicals 1996 0.95 1.05 15 Industrial Chemicals 1997 0.98 1.05 15 Industrial Chemicals 1998 1.01 1.02 15 Industrial Chemicals 1999 1.03 1.00 15 Industrial Chemicals 2000 1.06 1.04 15 Industrial Chemicals 2001 1.09 0.83 15 Industrial Chemicals 2002 1.12 0.77 15 Industrial Chemicals 2003 1.15 0.99 13 Industrial Chemicals 2004 1.17 1.29 12 Industrial Chemicals 2005 1.20 1.50 10 Petroleum Refining 1992 0.82 0.91 6 Petroleum Refining 1993 0.86 1.09 6 Petroleum Refining 1994 0.90 0.92 6 Petroleum Refining 1995 0.95 0.97 6 Petroleum Refining 1996 0.99 0.76 6 Petroleum Refining 1997 1.03 1.12 6 Page 27 Linear Trend vs Index Petroleum Refining 1998 1.07 0.89 6 Petroleum Refining 1999 1.12 0.72 6 Petroleum Refining 2000 1.16 1.33 6 Petroleum Refining 2001 1.20 1.32 6 Petroleum Refining 2002 1.25 0.73 6 Petroleum Refining 2003 1.29 1.21 3 Petroleum Refining 2004 1.33 1.70 2 Petroleum Refining 2005 1.37 2.24 1 Pharmaceuticals 1992 0.83 0.72 4 Pharmaceuticals 1993 0.86 0.74 4 Pharmaceuticals 1994 0.90 0.76 4 Pharmaceuticals 1995 0.93 0.84 4 Pharmaceuticals 1996 0.96 0.91 4 Pharmaceuticals 1997 1.00 1.01 4 Pharmaceuticals 1998 1.03 1.10 4 Pharmaceuticals 1999 1.06 1.32 4 Pharmaceuticals 2000 1.09 1.38 4 Pharmaceuticals 2001 1.13 1.44 4 Pharmaceuticals 2002 1.16 1.04 4 Pharmaceuticals 2003 1.19 1.00 4 Pharmaceuticals 2004 1.23 1.00 4 Pharmaceuticals 2005 1.26 1.22 4 Plastics and Synthetics 1992 0.82 0.78 15 Plastics and Synthetics 1993 0.85 0.75 15 Plastics and Synthetics 1994 0.88 0.83 15 Plastics and Synthetics 1995 0.91 0.96 15 Plastics and Synthetics 1996 0.94 0.95 15 Plastics and Synthetics 1997 0.97 1.01 15 Plastics and Synthetics 1998 1.00 1.08 15 Plastics and Synthetics 1999 1.03 1.14 15 Plastics and Synthetics 2000 1.06 1.10 15 Plastics and Synthetics 2001 1.09 1.03 15 Plastics and Synthetics 2002 1.12 1.03 15 Plastics and Synthetics 2003 1.15 1.08 15 Plastics and Synthetics 2004 1.18 1.19 14 Plastics and Synthetics 2005 1.21 1.23 12 Pulp & Paper Mills 1992 1.03 0.79 6 Pulp & Paper Mills 1993 1.03 0.92 6 Pulp & Paper Mills 1994 1.03 0.99 6 Pulp & Paper Mills 1995 1.03 1.49 5 Pulp & Paper Mills 1996 1.03 1.05 6 Pulp & Paper Mills 1997 1.03 0.91 6 Pulp & Paper Mills 1998 1.03 1.03 6 Pulp & Paper Mills 1999 1.03 1.36 6 Pulp & Paper Mills 2000 1.03 1.29 6 Pulp & Paper Mills 2001 1.03 0.93 6 Pulp & Paper Mills 2002 1.03 0.86 6 Pulp & Paper Mills 2003 1.03 0.98 6 Pulp & Paper Mills 2004 1.03 0.91 5 Page 28 Linear Trend vs Index Pulp & Paper Mills 2005 1.03 0.95 4 Steel 1992 0.98 0.55 14 Steel 1993 0.99 0.83 14 Steel 1994 1.00 1.04 14 Steel 1995 1.01 1.26 14 Steel 1996 1.02 1.14 14 Steel 1997 1.04 1.33 14 Steel 1998 1.05 1.24 14 Steel 1999 1.06 1.06 14 Steel 2000 1.07 1.11 14 Steel 2001 1.08 0.65 14 Steel 2002 1.09 0.88 14 Steel 2003 1.10 0.76 10 Steel 2004 1.11 1.66 8 Steel 2005 1.12 1.58 4 Page 29 Beverages 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Food Processing 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Industrial Chemicals 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Petroleum Refining 0.00 0.50 1.00 1.50 2.00 2.50 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Pharmaceuticals 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Plastics Material and Resins 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Pulp & Paper Mills 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF Steel 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Year ATCF Index Time Trend Index ATCF


[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Rules and Regulations]
[Page 44294-44296]
[DOCID:fr28au09-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0079; FRL-8945-1]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Antelope Valley Air Quality Management District (AVAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from leaking components at
facilities such as oil refineries and chemical manufacturing plants. We
are approving a local rule that regulates these emission sources under
the Clean Air Act as amended in 1990 (CAA or the Act). At the same
time, we are also approving an AVAQMD Negative Declaration and removing
rules from the SIP.

DATES: This rule is effective on October 27, 2009 without further
notice, unless EPA receives adverse comments by September 28, 2009. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0079, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rule we are approving, Rule 1173, with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board along with the rules we are removing
from the SIP, Rules 465, 466, 466.1, and 467.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD...............................           1173    Fugitive Emissions of           06/17/08        10/20/08
                                                         VOCs.

AVAQMD...............................            465    Vacuum Producing Devices        11/01/91        10/20/08
                                                         or Systems.
AVAQMD...............................            466    Pumps & Compressors.....        10/07/83        10/20/08
AVAQMD...............................            466.1  Valves & Flanges........        03/16/84        10/20/08
AVAQMD...............................            467    Pressure Relief Devices.        03/05/82        10/20/08
----------------------------------------------------------------------------------------------------------------

    On November 18, 2008, EPA found this rule submittal met the
completeness criteria in 40 CFR part 51, appendix V. These criteria
must be met before formal EPA review can begin.

B. Are there other versions of this rule?

    EPA has approved and incorporated into the SIP the May 13, 1994
version of Rule 1173 (see 59 Federal Register (FR) 43751, August 25,
1994). CARB has made no intervening submittals of this rule since 1994.
The remaining rules, 465, 466, 466.1, and 467 are part of the SIP and
were submitted for the purpose of rescinding them; please see the
discussion below.

C. What is the purpose of the submitted rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. Rule 1173 is a rule
designed to reduce fugitive VOC emissions from leaking components at
industrial sites handling and manufacturing VOC laden liquids and
gases. The rule establishes inspection, component replacement, re-
inspection requirements, maintenance, repair periods, and replacement
or retrofit requirements for leaking components at these facilities.
Finally, the rule has associated administrative and recordkeeping
requirements, such as an inspection log, and test methods for
determining compliance.
    With its creation in 1997 the AVAQMD inherited the applicable South
Coast Air Quality Management District Rule Book as of this date. As a
result, the AVAQMD Rule Book included Rule 1173 as well as Rules 465,
466, 466.1, and Rule 467. The May 13, 1994 version of SCAQMD 1173 that
AVAQMD inherited contained a sunset provision that sources subject to
Rules 465, 466, 466.1, and 467 must comply with Rule 1173 by February
1, 1991. In its June 17, 2008 action, the AVAQMD board rescinded Rules
465, 466, 466.1, and 467 and adopted a Federal Negative Declaration
stating that there are no major sources within the AVAQMD subject to
Rule 465 and the non-leak provisions of the remaining rules. Rule 1173
was retained and amended to ensure that any applicable leak
requirements in Rules 466, 466.1, and 467 remained in the SIP within
Rule 1173. For further discussion, see EPA's Technical Support Document
and the AVAQMD Final Staff Report.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
section 182(a)(2)), and must not relax existing requirements (see
sections 110(l) and 193). The AVAQMD regulates an ozone nonattainment
area (see 40 CFR part 81), so Rule 1173 must fulfill RACT.
    Guidance and policy documents that we use to help evaluate specific
enforceability and RACT requirements consistently include the
following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control of Volatile Organic Compound Equipment Leaks from
Synthetic Organic Chemical and Polymer Manufacturing,'' EPA-450/3-83-
006, USEPA, December 1983.
    5. ``Control of Volatile Organic Compound Equipment Leaks from
Natural Gas/Gasoline Processing Plants,'' EPA-450/3-83-007, USEPA,
December 1983.

B. Does the rule meet the evaluation criteria?

    We believe that Rule 1173, the companion rescission of Rules 465,
466, 466.1, 467, and the AVAQMD Negative Declaration are consistent
with the relevant policy and guidance regarding enforceability, RACT,
and SIP relaxations. The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    We have no further recommendations for the next time the local
agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving Rule 1173, approving the AVAQMD Negative Declaration, and
rescinding Rules 465, 466, 466.1, and 467 because we believe they
fulfill all relevant requirements. We do not think anyone will object
to this approval, so we are finalizing it without proposing it in
advance. However, in the Proposed Rules section of this Federal
Register, we are simultaneously proposing approval of the same
submitted rules. If we receive adverse comments by September 28, 2009,
we will publish a timely withdrawal in the Federal Register to notify
the public that the direct final approval will not take effect and we
will address the comments in a subsequent final action based on the
proposal. If we do not receive timely adverse comments, the direct
final approval will be effective without further notice on October 27,
2009. This will incorporate Rule 1173 into the Federally enforceable
SIP and remove Rules 465, 466, 466.1, and 467 from the SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those

imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 27, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: May 13, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(361)(i)(B) to read
as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (361) * * *
    (i) * * *
    (B) Antelope Valley Air Quality Management District
    (1) Rule 1173, ``Fugitive Emissions of Volatile Organic
Compounds,'' adopted July 7, 1989 and amended June 17, 2008.
* * * * *
[FR Doc. E9-20827 Filed 8-27-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: April 23, 2009 (Volume 74, Number 77)]
[Notices]
[Page 18571-18572]
[DOCID:fr23ap09-33]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

April 16, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-68-000.
    Applicants: Del Mar Asset Management, L.P.
    Description: Joint Application Under Section 203 of the Federal
Power Act for Disposition of Jurisdictional Facilities and Request for
Waivers and Expedited Consideration of Del Mar Asset Management, L.P.,
et al.
    Filed Date: 04/14/2009.
    Accession Number: 20090414-5142.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

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

    Docket Numbers: ER01-316-032.
    Applicants: ISO New England Inc.
    Description: New England, Inc. submits its Index of Customer Report
for the first quarter of 2009.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0010.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER03-552-011; ER03-984-009.
    Applicants: New York Independent System Operator, Inc.
    Description: Status Report of New York Independent System Operator,
Inc.
    Filed Date: 04/15/2009.
    Accession Number: 20090415-5034.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER06-615-045.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits Attachment A--Interim Measure for Underscheduling in the Day-
Ahead Market Compliance Filing et al.
    Filed Date: 03/30/2009.
    Accession Number: 20090403-0139.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-304-001.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: KCP&L Greater Missouri Operations Co. submits a notice
of succession and Order No. 614 compliance filing.
    Filed Date: 04/13/2009.
    Accession Number: 20090415-0088.
    Comment Date: 5 p.m. Eastern Time on Monday, May 4, 2009.

    Docket Numbers: ER09-635-001; ER09-641-000.
    Applicants: Southern Operating Companies; Southern Companies;
PowerSouth Energy Cooperative.
    Description: Southern Companies submits response to FERC's
delegated letter order dated 3/25/09.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0102.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-920-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits for
acceptance, Notice of Termination of the 9/17/03 Offer of Partial
Settlement with San Francisco Bay Area Rapid Transit District.
    Filed Date: 03/31/2009.
    Accession Number: 20090401-0020.
    Comment Date: 5 p.m. Eastern Time on Friday, April 24, 2009.

    Docket Numbers: ER09-985-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits Original Sheet No. 1 to First
Revised Electric Rate Schedule FERC No. 377.
    Filed Date: 04/13/2009.
    Accession Number: 20090414-0036.
    Comment Date: 5 p.m. Eastern Time on Monday, May 4, 2009.

    Docket Numbers: ER09-986-000.
    Applicants: E.ON U.S. LLC.
    Description: Kentucky Utilities Company et al. submits the 4/24/06
Amendment to the Agreement with Southwest Power Pool etc.
    Filed Date: 04/13/2009.
    Accession Number: 20090414-0039.
    Comment Date: 5 p.m. Eastern Time on Monday, May 4, 2009.

    Docket Numbers: ER09-987-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Co. submits First Revised Rate Schedule
FERC No. 87.
    Filed Date: 04/13/2009.
    Accession Number: 20090414-0038.
    Comment Date: 5 p.m. Eastern Time on Monday, May 4, 2009.

    Docket Numbers: ER09-988-000; ER05-1281-009.
    Applicants: NextEra Energy Duane Arnold, LLC, FPL Energy Duane
Arnold, LLC.
    Description: FPL Energy Duane Arnold, LLC requests acceptance of
First Revised Sheet 1 et al. of FERC Electric Tariff, Original Volume
1.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0108.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-989-000; ER07-904-005.
    Applicants: NextEra Energy Point Beach, LLC; FPL Energy Point
Beach, LLC.
    Description: FPL Energy Point Beach, LLC submits First Revised
Sheet 1 et al. of FERC Electric Tariff, Original Volume 1, Notice of
Succession.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0110.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-990-000; ER02-1838-009.
    Applicants: NextEra Energy SeaBrook, LLC; FPL Energy Seabrook, LLC.
    Description: FPL Energy Seabrook, LLC submits for acceptance First
Revised Sheet 1 to FERC Electric Tariff, Original Volume 1.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0111.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-991-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to its Open Access Transmission, Energy and
Operating Reserve Markets Tariff to revise Schedule 30, etc.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0112.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-992-000.
    Applicants: Southwest Power Pool, Inc.

    Description: Southwest Power Pool, Inc. submits for acceptance
Original Service Agreement 1790 to FERC Electric Tariff, Fifth Revised
Volume 1.
    Filed Date: 04/14/2009.
    Accession Number: 20090415-0113.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 5, 2009.

    Docket Numbers: ER09-994-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits Sub. Original Service Agreement 562 with American Municipal
Power-Ohio Inc.
    Filed Date: 04/15/2009.
    Accession Number: 20090415-0215.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER09-995-000.
    Applicants: American Electric Power Service Corporation.
    Description: Indiana Michigan Power Company submits first revised
Interconnection and Local Delivery Service Agreement with the City of
South Haven, Michigan, designated as Service Agreement 1454.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0006.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER09-996-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits tariff sheets adding
Schedule 16 to the PJM etc.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER09-998-000.
    Applicants: Midwest Independent System Transmission Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits for acceptance Original Service Agreement to FERC Electric
Tariff, Fourth Revised Volume 1.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0011.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER09-999-000.
    Applicants: Midwest Independent System Transmission Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits for acceptance, Second Revised Service Agreement 1628 et al. to
FERC Electric Tariff, Fourth Revised Volume 1.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0007.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Docket Numbers: ER09-1000-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits their
Interconnection Facilities Agreements with the City of Moreno Valley,
FERC Electric Tariff, First Revised Volume 5 etc.
    Filed Date: 04/15/2009.
    Accession Number: 20090416-0003.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 6, 2009.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES09-25-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Application of Southwest Power Pool, Inc. under
Section 204 of the Federal Power Act For An Order Authorizing the
Issuance of Securities.
    Filed Date: 04/10/2009.
    Accession Number: 20090410-5072.
    Comment Date: 5 p.m. Eastern Time on Friday, May 1, 2009.

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

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-9317 Filed 4-22-09; 8:45 am]

BILLING CODE 6717-01-P