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[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31904-31905]
[FR Doc No: E9-15794]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2009-0033; FRL-8925-8]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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

SUMMARY: This document corrects and clarifies an error in the preamble
language of the proposal to approve a West Virginia State
Implementation Plan (SIP) revision that addresses the requirements of
EPA's Clean Air Interstate Rule (CAIR), and recodifies and revises
provisions pertaining to sources that are subject to the nitrogen
oxides (NOX) SIP Call.

DATES: Written comments must be received on or before July 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0033 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0033, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0033. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 11, 2009 (74 FR 27731), EPA
published a notice of proposed rulemaking announcing the approval of
West Virginia's CAIR rules and recodification and revision of
provisions pertaining to internal combustion engines and cement kilns
that are subject to the NOx SIP Call. In the preamble of this document,
EPA inadvertently printed the incorrect number of allowances in West
Virginia's Compliance Supplement Pool (CSP). This action corrects the
number of allowances in the West Virginia CSP from 4,898 allowances to
16,929 allowances.

Correction

    In rule document E9-13725, on page 27736, the first sentence of the
third paragraph in the first column should read: ``West Virginia's
compliance supplement pool is comprised of 16,929 allowances.''

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 proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 proposed approval of West Virginia's SIP revision
to meet the requirements of CAIR 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.

    Dated: June 24, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-15794 Filed 7-2-09; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62390-62393]
[FR Doc No: 2016-21457]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2011-0698; FRL-9951-95-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Redesignation of the Indiana Portion of the Louisville Area to
Attainment of the 1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is granting
Indiana's request to redesignate, under the Clean Air Act (CAA), the
state of Indiana portion of the Louisville (KY-IN) (Madison Township in
Jefferson County and Clark and Floyd Counties) nonattainment area to
attainment of the 1997 annual standard for fine particulate matter
(PM2.5). EPA determined that the Louisville area has
attained the 1997 annual standard, and proposed on July 11, 2013, with
a supplemental proposal on June 23, 2016, to approve Indiana's request
to redesignate the area. EPA is taking final action today on the
proposal and supplemental proposal. EPA is also taking final action in
this rulemaking on several related proposals.
    Along with granting the change in the area's designation status,
EPA is also approving Indiana's PM2.5 maintenance plan for
the Louisville area as a revision to the Indiana state implementation
plan (SIP) as meeting the requirements of section 175A of the CAA. EPA
is approving the 2008 emissions inventory for primary PM2.5,
nitrogen oxides (NOX), sulfur dioxide (SO2),
volatile organic compounds (VOC) and ammonia as satisfying the
requirement of the CAA for a comprehensive, current emission inventory.
Finally, EPA finds adequate and is approving 2015 and 2025 primary
PM2.5 and NOX motor vehicle emissions budgets
(MVEBs) for the Louisville area. These MVEBs will be used in future
transportation conformity analyses for the area. These actions were
proposed for approval in EPA's initial action on July 11, 2013. EPA
received no comments in response to the above proposals.

DATES: This final rule is effective on September 9, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0698. All documents in these dockets are listed on
the 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. Publicly available docket
materials are available either through www.regulations.gov or at the
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Carolyn
Persoon at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5,77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On June 16, 2011, the Indiana Department of Environmental
Management (IDEM) submitted its request to redesignate the Indiana
portion of the Louisville nonattainment area to attainment for the 1997
annual PM2.5 NAAQS, and for EPA approval of the state's SIP
revision containing a maintenance plan for the area. On July 11, 2013,
(78 FR 41735), EPA proposed to grant Indiana's redesignation request
and its plan for maintaining the 1997 annual PM2.5 NAAQS.
EPA also proposed approval of Indiana's MVEBs for PM2.5 and
NOX for 2025 for the area. EPA also proposed the 2008
emissions inventory for primary PM2.5, NOX,
SO2, VOC and ammonia as satisfying the requirement in
section 172(c)(3) of the CAA for a comprehensive, current emission
inventory. Additional background for this action is set forth in EPA's
July 11, 2013 (78 FR 41735), proposed rulemaking. EPA published a
supplement to its July 11, 2013, proposed rulemaking on June 23, 2016
(81 FR 40834). The supplement was based on valid design values for the
2013-2015 period, demonstrating attainment of the standard for the
entire Louisville area using the most recent three years of data.
Previous data from 2012 and beginning of 2013 had been invalidated
through a technical systems audit, which is described in the
supplemental proposal.

II. What actions is EPA taking?

    EPA has determined that the entire Louisville area is attaining the
1997 annual PM2.5 standards (81 FR 40834) and that the
Indiana portion of the Louisville area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. Thus, EPA is
granting the request from the state of Indiana to change the legal
designation of the Indiana portion of the Louisville area from
nonattainment to attainment for the 1997 annual PM2.5 NAAQS.
EPA is also taking several additional actions related to Indiana's
PM2.5 redesignation request, as discussed below.
    EPA is approving the 2008 emissions inventory for primary
PM2.5, NOX, SO2, VOC and ammonia as
satisfying the requirement in section 172(c)(3) of the CAA for a
comprehensive, current emission inventory.
    EPA is approving Indiana's PM2.5 maintenance plan for
the Indiana portion of the Louisville area as a revision to the Indiana
SIP (such approval being one of the CAA criteria for redesignation to
attainment status). The maintenance plan is designed to keep the
Louisville area in attainment of the 1997 annual PM2.5 NAAQS
through 2026.
    EPA also finds adequate and is approving Indiana's 2025 primary
PM2.5 and NOX MVEBs for the Louisville area.
These MVEBs will be used in future transportation conformity analyses
for the area.

III. What is EPA's response to comments?

    EPA received no comments on either its proposed or supplemental
rulemaking.

IV. Why is EPA taking these actions?

    EPA has determined that the Louisville area has attained the 1997
annual PM2.5 NAAQS. EPA has also determined that all other
criteria have been met for the redesignation of the Indiana portion of
the Louisville area from nonattainment to attainment of the 1997 annual
PM2.5 NAAQS and for approval of Indiana's maintenance plan
for the area. See CAA sections 107(d)(3)(E) and 175A. EPA is also
approving the 2008 emissions inventory for primary PM2.5,
NOX, SO2, VOC and ammonia as satisfying the
requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory. The detailed rationale for EPA's findings
and actions is set forth in the proposed rule on July 11, 2013, and a
supplemental proposal on June 23, 2016.

V. Final Action

    EPA is determining that the Indiana portion of the Louisville area
has attained the standards and that the area meets the requirements for
redesignation to attainment of that standard under sections
107(d)(3)(E) and 175A of the CAA. Thus, EPA is granting the request
from Indiana to change the legal designation of the Indiana portion of
the Louisville area from nonattainment to attainment for the 1997
annual PM2.5 NAAQS. EPA is also approving Indiana's 1997
annual PM2.5 maintenance plan for the Indiana portion of the
Louisville area as a revision to the SIP because the plan meets the
requirements of section 175A of the CAA. EPA is approving the 2008
emissions inventory for primary PM2.5, NOX,
SO2, VOC and ammonia as satisfying the requirement in
section 172(c)(3) of the CAA for a comprehensive, current emission
inventory. Finally, EPA finds adequate and is approving Indiana's 2025
primary PM2.5 and NOX MVEBs for the Indiana
portion of the Louisville area. These MVEBs will be used in future
transportation conformity analyses for the area after the effective
date for the adequacy finding and approval.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves Indiana of various requirements for
the Indiana portion of the Louisville area. For these reasons, EPA
finds good cause under 5 U.S.C. 553(d)(3) for this action to become
effective on the date of publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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 CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond

those imposed by state law. For these reasons, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 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 CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: August 26, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.770, the table in paragraph (e) is amended by adding an
entry for ``Louisville 1997 Annual PM2.5 Maintenance Plan''
in alphabetical order to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                  Title                    Indiana date          EPA approval                 Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville 1997 Annual PM2.5 Maintenance       6/16/2011  9/9/2016, [insert Federal   ..........................
 Plan.                                                     Register citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.776 is amended by adding paragraphs (v)(6) and (w)(5) to
read as follows:

Sec.  52.776  Control strategy: Particulate matter.

* * * * *
    (v) * * *
    (6) Approval--The 1997 annual PM2.5 maintenance plan for
the Indiana portion of the Louisville (KY-IN) (Madison Township,
Jefferson County and Clark and Floyd Counties), has been approved as
submitted on June 16, 2011. The maintenance plan establishes 2025 motor
vehicle emissions budgets for the Louisville area to be 324.04 tpy for
primary PM2.5 and 9,311.76 tpy for NOX.
    (w) * * *
    (5) Indiana's 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Louisville area.
* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

0
5. Section 81.315 is amended by revising the entry for ``Louisville,
KY-IN'' in the table entitled ``Indiana--1997 Annual PM2.5
NAAQS [Primary and secondary]'' to read as follows:

Sec.  81.315  Indiana.

* * * * *

                                        Indiana--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                              Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\              Type              Date \2\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville, KY-IN...............        9/9/2016  Attainment............  ..............  Moderate.
    Clark County................
    Floyd County................
    Jefferson County (part)
     Madison Township.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

[FR Doc. 2016-21457 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81431-81432]
[FR Doc No: 2015-32394]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Application for Modification of
Special Permit

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

ACTION: List of application for modification of special permits.

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

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

DATES: Comments must be received on or before January 13, 2016.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and

Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, December 7, 2015.
Don Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of special permit
    Application No.       Docket No.         Applicant        Regulation(s) affected            thereof
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
8178-M.................  ...........  National Aeronautics &  49 CFR 173.302(a);      To modify the special
                                       Space Administration    173.34(d); 175.3.       permit by extending the
                                       (NASA) Washington, DC.                          service life of the
                                                                                cylinder from 32 years to
                                                                                43 years.
8451-M.................  ...........  Veolia ES Technical     49 CFR 173.320,         To modify the special
                                       Solutions, L.L.C.       173.54(a), 173.56(b),   permit to authorize
                                       Flanders, NJ.           173.57, 173.58,         transportation to a final
                                                               173.60.                 disposal and facility.
11516-M................  ...........  Honeywell               49 CFR 173.306(a)(3)..  To modify the special
                                       International, Inc.                             permit to authorize an
                                       Morristown, NJ.                                 additional Division 2.2
                                                                                material.
11624-M................  ...........  Belshire                49 CFR 173.173(b)(2)..  To modify the special
                                       Transportation                                  permit to authorize Class
                                       Services, Inc.                                  8, PG II and PG III
                                       Foothill Ranch, CA.                             hazardous materials.
14298-M................  ...........  Air Products and        49 CFR 180.209(a) and   To modify the special
                                       Chemicals, Inc.         (b).                    permit to authorize DOT
                                       Allentown, PA.                                  specification 3A or 3AA
                                                                                tubes with a capacity
                                                                                greater than 125 lbs
                                                                                mounted in an ISO or tube
                                                                                trailer frame to not be
                                                                                removed from bundles or
                                                                                be hammer tested prior to
                                                                                refilling and to align
                                                                                the markings requirements
                                                                                for ISO or tube trailer
                                                                                frame mounted DOT
                                                                                specification 3A or 3AA
                                                                                cylinders with those for
                                                                                DOT specification DOT 3A,
                                                                                3AA, 3AX, 3AAX or 3T
                                                                                cylinders in tube
                                                                                trailers.
14692-M................  ...........  Airgas USA, LLC,        49 CFR 180.209........  To modify the special
                                       Tulsa, OK.                                      permit to increase the
                                                                                maximum cycling
                                                                                (fillings) of each
                                                                                cylinder in a 10 year
                                                                                period to 600 from 300
                                                                                cycles (fillings).
15507-M................  ...........  Yiwu Jinyu Machinery    49 CFR 173.304(d).....  To modify the special
                                       Factory, Jiangwan                               permit to authorize an
                                       Town, Yiwu City.                                additional non-
                                                                                refillable, non-DOT
                                                                                specification inner
                                                                                container similar to a
                                                                                DOT specification 2Q.
16061-M................  ...........  Battery Solutions,      49 CFR 172.200,         To modify the special
                                       LLC, Howell, MI.        172.300, 172.400.       permit to authorize dry
                                                                                cell batteries each with
                                                                                a marked rating up to 12
                                                                                volts to be transported
                                                                                without short circuit
                                                                                protection; to increase
                                                                                the quantity of lithium
                                                                                metal authorized in each
                                                                                battery from 5 grams to
                                                                                25 grams; to increase the
                                                                                weight of each non-
                                                                                spillable battery
                                                                                authorized from 11 pounds
                                                                                to 25 pounds; and to
                                                                                correct the Packing
                                                                                Groups in paragraph 6.
16514-M................  ...........  Robert Bosch Tool       49 CFR 172.301(c),      To modify the special
                                       Corporation, Mt.        173.185(c)(1)(iii),     permit to increase the
                                       Prospect, IL.           173.185(c)(3)(i).       watt- hour (Wh) rating of
                                                                                lithium ion cells and
                                                                                batteries from 20 Wh to
                                                                                60 Wh for cells and from
                                                                                100 Wh to 300 Wh for
                                                                                batteries.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-32394 Filed 12-28-15; 8:45 am]
 BILLING CODE 4909-60-M


[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Page 37592]
[FR Doc No: 2016-13791]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9027-5]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements
Filed 05/30/2016 Through 06/03/2016
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20160124, Final, FERC, AK, Sweetheart Lake Hydroelectric
Project, Review Period Ends: 07/11/2016, Contact: John Matkowski 202-
502-8576
EIS No. 20160125, Final, BIA, NV, Aiya Solar Project, Review Period
Ends: 07/11/2016, Contact: Charles Lewis<PHONE_NUMBER>
EIS No. 20160126, Draft, USA, AZ, Lone Star Ore Body Development
Project, Comment Period Ends: 07/25/2016, Contact: Michael Langley 602-
230-6953
EIS No. 20160127, Final, NPS, CA, Restoration of Native Species in High
Elevation Aquatic Ecosystems Plan, Review Period Ends: 07/11/2016,
Contact: Woody Smeck<PHONE_NUMBER>
EIS No. 20160128, Final, USACE, NC, Morehead City Harbor Integrated
Dredged Material Management Plan, Review Period Ends: 07/11/2016,
Contact: Jennifer Owens<PHONE_NUMBER>
EIS No. 20160129, Draft, USFS, CA, Los Padres Tamarisk Removal, Comment
Period Ends: 07/25/2016, Contact: Lloyd Simpson<PHONE_NUMBER> ex. 316
EIS No. 20160130, Draft, NOAA, TX, Flower Garden Banks National Marine
Sanctuary Boundary Expansion, Comment Period Ends: 08/19/2016, Contact:
Kelly Drinnen<PHONE_NUMBER> Ext.105
EIS No. 20160131, Third Final Supplemental, USFS, MT, Beaverhead-
Deerlodge National Forest Land and Resource Management Plan to comply
with District of Mont Court Order, Review Period Ends: 07/20/2016,
Contact: Jan Bowey<PHONE_NUMBER>
EIS No. 20160132, Draft, FHWA, CO, US 50 Corridor East, Comment Period
Ends: 07/29/2016, Contact: Patricia Sergeson<PHONE_NUMBER>
EIS No. 20160133, Final, FTA, VA, Potomac Yard Metrorail Station,
Review Period Ends: 07/11/2016, Contact: Dan Koenig<PHONE_NUMBER>
EIS No. 20160134, Final, TVA, TN, PROGRAMMATIC--Ash Impoundment
Closure, Review Period Ends: 07/11/2016, Contact: Ashley Farless 423-
751-2361

    Dated: June 7, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-13791 Filed 6-9-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16848-16850]
[FR Doc No: 2014-06600]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71760; File No. SR-ISE-2014-16]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees

March 20, 2014.
    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 March 6, 2013, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. 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.
---------------------------------------------------------------------------

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

    The ISE proposes to amend its Schedule of Fees to waive DTR
approval fees charged to affiliated CMMs. The text of the proposed rule
change is available on the Exchange's Web site (http://www.ise.com), at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend the Schedule
of Fees to waive the Designated Trading

Representative (``DTR'') \3\ approval fees charged to affiliated
Competitive Market Makers (``CMMs''). On December 23, 2013 the Exchange
filed an immediately effective rule change that waived application fees
for CMM applicants that share common ownership with another CMM, and
adopted an incremental annual regulatory fee for such affiliated
CMMs.\4\ The purpose of that rule change was to encourage current CMMs
to register additional broker dealer entities as necessary to act as
Alternative Primary Market Makers (``Alternative PMMs'') for options
products that have not been allocated to a willing Primary Market Maker
(``PMM'').\5\ Under the Alternative PMM program the ISE may list
options that are not supported by a PMM by offering such allocations to
appropriately qualified CMMs that will have all of the responsibilities
and privileges of a PMM under ISE Rules with respect to appointed
options classes.\6\ The Exchange now proposes to further decrease
``start-up'' costs associated with the Alternative PMM program by
waiving DTR approval fees for DTRs that are already registered with an
affiliated CMM. The ISE charges a one-time approval fee of $500 for
each DTR associated with a market maker. Currently each CMM must pay to
register its DTRs, regardless of whether those DTRs are already
registered with an affiliated broker dealer entity. This fee thus
increases start-up costs for CMMs that desire Alternative PMM
appointments, as these CMMs may need to house those appointments in a
separate broker dealer entity due to capital and other business
requirements.\7\ The Exchange therefore proposes to waive DTR approval
fees for affiliated CMMs that share at least 75% common ownership as
reflected on each firm's Form BD, Schedule A. In order to qualify for
this waiver the DTR must already be registered as a DTR for an
affiliated CMM. This will ensure that CMMs will only have to pay once
to register their DTRs across affiliated CMM memberships, and will
encourage current CMMs to participate in the Alternative PMM program.
The Exchange believes that this waiver is appropriate since the
incremental cost associated with processing the new DTR approval is
negligible for traders that have already registered with an affiliated
broker dealer entity.
---------------------------------------------------------------------------

    \3\ DTRs may be: (i) Individual Members registered with the
Exchange as market makers, or (ii) officers, partners, employees or
associated persons of Members that are registered with the Exchange
as market makers. See Rule 801(b)(1). Market maker quotations and
orders may be submitted to the Exchange's System only by DTRs. A DTR
is permitted to enter quotes and orders only for the account of the
market maker with which the DTR is associated. See Rule 801(a).
    \4\ See Exchange Act Release No. 71213 (December 31, 2013), 79
FR 863 (January 7, 2014) (SR-ISE-2013-70).
    \5\ PMM allocations are voluntary and require the consent of the
PMM being allocated the options class. See ISE Rule 802.
    \6\ See Exchange Act Release No. 59250 (January 14, 2009), 74 FR
4062 (January 22, 2009) (SR-ISE-2008-90).
    \7\ See supra note 2.
---------------------------------------------------------------------------

2. Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and Section
6(b)(4) of the Act,\9\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

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

    The Exchange believes that it is reasonable and equitable to waive
the DTR approval fees for traders already associated with an affiliated
CMM due to the negligible cost of processing these approvals. This
waiver will allow affiliated CMMs to become members without incurring
additional ``start-up'' fees that do not reflect the limited resources
expended by the ISE, and will thereby encourage current CMMs to
register additional affiliated CMMs as necessary to act as Alternative
PMMs. The Exchange does not believe that it is unfairly discriminatory
to apply the proposed fee waiver only to CMMs. As explained above,
these fee changes are being proposed in order to encourage CMMs to seek
Alternative PMM appointments. The Exchange believes that reducing these
costs for affiliated CMMs will encourage more CMMs to register
additional affiliated broker dealers as CMMs in order to quote options
classes as Alternative PMMs. Greater participation in the Alternative
PMM program will benefit all market participants that trade on the
Exchange as it will allow the ISE to list additional options products,
which will be supported by the Alternative PMMs. Alternative PMMs have
all the responsibilities of regular PMMs, including, among other
things, conducting the opening rotation on a daily basis and providing
continuous quotations in appointed options classes.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change should have little competitive impact as it merely aligns
the DTR approval fees for affiliated CMMs with the cost of processing
DTR registrations. While the proposed rule change only applies to CMMs,
the Exchange does not believe that this will impose a significant
burden on competition as all market participants that trade on the
Exchange will benefit from the resulting allocation of options classes
to Alternative PMMs. The Exchange operates in a highly competitive
market in which market participants can readily direct their order flow
to competing venues. In such an environment, the Exchange must
continually review, and consider adjusting, its fees to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed fee changes reflect this
competitive environment.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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 \11\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\12\ because it establishes a due, fee, or other charge
imposed by ISE.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and

arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an Email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2014-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2014-16. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the ISE. 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-ISE-2014-16 and should be submitted by
April 16, 2014.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06600 Filed 3-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7465]
[DOCID:fr17fe09-125]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3298-EM; Docket ID FEMA-2008-0018]

Maine; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Maine (FEMA-3298-EM), dated December 15, 2008, and related
determinations.

DATES: Effective Date: December 29, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective December 29, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
 [FR Doc. E9-3330 Filed 2-13-09; 8:45 am]

BILLING CODE 9111-23-P