69702 Federal Register / Vol. 67, No. 223 / Tuesday, November 19, 2002 / Proposed Rules discount ( containing a ZIP+ 4 or delivery point barcode) and Presorted rate pieces ( containing a 5 digit barcode).

4.2 Package Preparation Package size, preparation sequence, and labeling: a. 5 digit ( required); minimum 10 addressed pieces or 10 pounds, maximum package weight 20 pounds; red Label D or optional endorsement line ( OEL). b. 3 digit ( required); minimum 10 addressed pieces or 10 pounds, maximum package weight 20 pounds; green Label 3 or OEL. c. ADC ( required); minimum 10 addressed pieces or 10 pounds, maximum package weight 20 pounds; pink Label A or OEL. d. Mixed ADC ( required); no minimum, maximum package weight 20 pounds; tan Label MXD or OEL.

R RATES AND FEES * * * * *

R700 Package Services * * * * *

2.0 BOUND PRINTED MATTER * * * * *

2.5 Destination Entry Rates   Flats [ Remove the last sentence and replace it with the following sentence:] * * * Presorted flats weighing 20 ounces or less are not eligible for the DDU rate. * * * * * An appropriate amendment to 39 CFR 111 to reflect the changes will be published if the proposal is adopted.

Stanley F. Mires, Chief Counsel, Legislative. [ FR Doc. 02   29340 Filed 11   18   02; 8: 45 am]

BILLING CODE 7710   12   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ KY   138; KY   140; KY   141   200303( b); FRL   7408   9]

Approval and Promulgation of Implementation Plans for Kentucky: Approval of Revisions to the Jefferson County Portion of the Kentucky State Implementation Plan AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: On February 19, 2002, June 16, 2002, and July 15, 2002, the Kentucky Natural Resources and Environmental Protection Cabinet ( Cabinet) submitted revisions to the Jefferson County portion of the Kentucky State Implementation Plan ( SIP). The EPA is proposing to approve these revisions to the SIP. In the final rules section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

DATES: Written comments must be received on or before December 19, 2002.

ADDRESSES: All comments should be addressed to: Scott Martin, Air Planning Branch, U. S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960. Copies of the Commonwealth's submittal are available at the following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960. Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601   1403. ( 502/ 573   3382). Air Pollution Control District of Jefferson County, 850 Barrett Avenue   Suite 200, Louisville, Kentucky 40204. ( 502/ 574   6000).

FOR FURTHER INFORMATION CONTACT: Scott Martin, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, Region 4, U. S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960. The telephone number is ( 404) 562   9036. Mr. Martin can also be reached via electronic mail at Martin. scott@ epa. gov.

SUPPLEMENTARY INFORMATION: For additional information, see the direct final rule which is published in the rules section of this Federal Register. Dated: October 31, 2002. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [ FR Doc. 02   29180 Filed 11   18   02; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [ FRL   7410   1]

National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule amendments; reopening of public comment period.

SUMMARY: The EPA is announcing the reopening of the public comment period on the proposed amendments to the national emission standards for hazardous air pollutants ( NESHAP) for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. We originally requested comments on the proposed rule amendments by August 5, 2002 ( 67 FR 38809, June 5, 2002). We are reopening the comment period and extending the deadline for written comments to January 21, 2003, because pertinent information related to the proposed rule amendments was not submitted to the docket and thus not available for inspection prior to August 1, 2002. DATES: Comments. Submit comments on or before January 21, 2003. ADDRESSES: Comments. By U. S. Postal Service, send comments ( in duplicate if possible) to: Air and Radiation Docket and Information Center ( 6102), Attention Docket Number A   88   02, U. S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. In person or by courier, deliver comments ( in duplicate if possible) to: Air and Radiation Docket and Information Center ( 6102T), Attention Docket Number A   88   02, Room Number Bl08, U. S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460. The EPA requests a separate copy also be sent to the contact person listed in the FOR FURTHER INFORMATION CONTACT section. Comments may be submitted by electronic mail ( e mail) to: a and rdocket epa. gov. Comments submitted by e mail must be submitted as an ASCII file to avoid the use of special characters and encryption problems. Comments will also be accepted on disks in VerDate 0ct< 31> 2002 15: 26 Nov 18, 2002 Jkt 200001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 19NOP1. SGM 19NOP1 69703 Federal Register / Vol. 67, No. 223 / Tuesday, November 19, 2002 / Proposed Rules WordPerfect file format. All comments and data submitted in electronic form must be identified by the docket number A   88   02. No confidential business information ( CBI) should be submitted by e mail. Electronic comments may be filed online at many Federal Depository Libraries. Commenters wishing to submit proprietary information for consideration must clearly distinguish such information from other comments and clearly label it as CBI. Send submissions containing such proprietary information directly to the following address, and not to the public docket, to ensure that proprietary information is not inadvertently placed in the docket: OAQPS Document Control Officer, C404   02, Attention: Mr. Phil Mulrine, U. S. EPA, Research Triangle Park, NC 27711. The EPA will disclose information identified as CBI only to the extent allowed by the procedures set forth in 40 CFR part 2. If no claim of confidentiality accompanies a submission when it is received by EPA, the information may be made available to the public without further notice to the commenter. Docket. Information related to the proposed standards is available for inspection at the Air and Radiation Docket and Information Center, Docket No. A   88   02. The docket is located at the U. S. EPA, 1301 Constitution Avenue, NW., Room Number Bl08, Washington, DC 20460, telephone ( 202) 566   1742. The docket is available for public inspection and copying between 8 a. m. and 5: 30 p. m., Monday through Friday, excluding legal holidays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group, Emission Standards Division, C439   02, U. S. EPA, Research Triangle Park, North Carolina 27711; telephone number ( 919) 541   5289; facsimile number ( 919) 541   5450; electronic mail address mulrine. phil@ epa. gov.

List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Recordkeeping and reporting requirements.

Dated: November 8, 2002. Robert Brenner, Acting Assistant Administrator for Air and Radiation. [ FR Doc. 02   29334 Filed 11   18   02; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [ FRL   7409   3]

Georgia: Final Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: Georgia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act ( RCRA). EPA proposes to grant final authorization to Georgia. In the `` Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by December 19, 2002. ADDRESSES: Send written comments to Narindar Kumar, Chief, RCRA Programs Branch, Waste Management Division, U. S. Environmental Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960; ( 404) 562   8440. You can examine copies of the materials submitted by Georgia during normal business hours at the following locations: EPA Region 4 Library, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960, Phone number: ( 404) 562   8190, Kathy Piselli, Librarian; or The Georgia Department of Natural Resources Environmental Protection Division, 205 Butler Street, Suite 1154, East, Atlanta Georgia 30334   4910, Phone number: 404   656   7802.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs Branch, Waste Management Division, U. S. Environmental Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303   8960; ( 404) 562   8440.

SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the `` Rules and Regulations'' section of this Federal Register.

Dated: August 12, 2002. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [ FR Doc. 02   29178 Filed 11   18   02; 8: 45 am]

BILLING CODE 6560   50   P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [ DA 02   2814; MB Docket No. 02   330, RM   10588; MB Docket No. 02   331, RM   10589]

Radio Broadcasting Services; Jasper, AR, and Milford, UT AGENCY: Federal Communications Commission. ACTION: Proposed rule.

SUMMARY: The Audio Division requests comments on a petition filed by JEM Broadcasting Company, Inc. proposing the allotment of Channel 245A at Jasper, Arkansas, as the community's first local aural transmission service. Channel 245A can be allotted to Jasper in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 245A at Jasper are 36   00   29 North Latitude and 93   11   11 West Longitude. The Audio Division also requests comments on a petition filed by Larry Jackson proposing the allotment of Channel 288C2 at Milford, Utah, as the community's first local aural transmission service. Channel 288C2 can be allotted to Milford in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 288C2 at Milford are 38   23   49 North Latitude and 113   00   36 West Longitude. DATES: Comments must be filed on or before December 16, 2002, and reply comments on or before December 31, 2002.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, his counsel, or consultant, as VerDate 0ct< 31> 2002 15: 26 Nov 18, 2002 Jkt 200001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 19NOP1. SGM 19NOP1


[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65859-65860]
[DOCID:fr09no06-147]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54704; File No. SR-ISE-2006-44]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Order Approving a Proposed Rule Change To Amend the Schedule of
Fees To Expand the Broker Marketing Alliance To Include Non-Broker-
Dealers With Regard to the Enhanced Sentiment Market Data Offering

 November 3, 2006.
    On July 25, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change, pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ to amend its Schedule of Fees regarding its
enhanced sentiment market data offering to expand the Broker Marketing
Alliance by eliminating its limitation to only broker-dealers. The
proposed rule change was published for comment in the Federal Register
on October 3, 2006.\3\ The Commission received no comments on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 54508 (September 26,
2006), 71 FR 58459 (``Notice'').
---------------------------------------------------------------------------

    The Exchange offers an enhanced sentiment market data product that
allows an end user to identify investor sentiment for individual
securities or select industry sectors based on a calculation
methodology that utilizes proprietary Exchange opening long option
customer trade data.\4\ Previously, the Commission approved a fee
structure for this product.\5\ The amount that a subscriber is charged
depends upon whether the subscription is obtained directly from the
Exchange or indirectly through a U.S. broker-dealer participating with
the ISE in a Broker Marketing Alliance. A Broker Marketing Alliance is
an arrangement between ISE and a participating broker-dealer that
allows a participating U.S. broker-dealer to be compensated for
enlisting subscribers to the enhanced sentiment market data product.
There are four subscription levels of fees based on the

number of customer queries. Broker-dealer clients pay lower fees at the
four levels than subscribers directly to the Exchange, and broker-
dealers receive a rebate of the subscription fees collected.
Specifically, the Fee Schedule provides that participating broker-
dealers receive: (1) A rebate of 35% of the subscription fee collected
from subscribers; and (2) an additional bonus rebate based on (a) the
achievement of certain subscription levels; and (b) the size of their
firm, as measured by the number of the firm's customers.
---------------------------------------------------------------------------

    \4\ The enhanced sentiment market data is based on the ISE
Sentiment Index or ISEE. The ISEE, which is created by the ISE,
provides an intra-day picture of how investors view stock prices by
assessing customers' option trading activity. See Securities
Exchange Act Release Nos. 53756 (May 3, 2006), 71 FR 27529 (May 11,
2006) (SR-ISE-2005-56) (order approving the prior fee structure for
the product) (``Prior Order''); and 53532 (March 21, 2006), 71 FR
15501 (March 28, 2006) (SR-ISE-2005-56).
    \5\ See Prior Order, supra at n.4.
---------------------------------------------------------------------------

    With the instant proposed rule change, the Exchange seeks to expand
the Broker Marketing Alliance by eliminating its limitation to only
broker-dealers.\6\ Under the proposal, the lower level subscription
fees billed to broker-dealer clients will now be expanded to apply to
subscribers of non-broker-dealers. These non-broker-dealers will also
be allowed to receive the same rebates and bonus rebates as described
above and previously approved for broker-dealers participating in the
Broker Marketing Alliance.\7\
---------------------------------------------------------------------------

    \6\ In the ISE's Schedule of Fees, it will now be referred to as
a ``Subscription through Marketing Alliance.''
    \7\ See Prior Order, supra at n.4.
---------------------------------------------------------------------------

    In support of its proposal, the Exchange states that, since the
introduction of this market data offering, it has received interest
from many non-broker-dealers, including firms that provide investors
with market commentary, investment tools and educational materials,
seeking to sell subscriptions and participate in a revenue sharing
arrangement similar to the Broker Marketing Alliance. The Exchange
believes that allowing non-broker dealers to market its enhanced
sentiment market data offering will increase the number of product
subscribers.
    The Commission has reviewed carefully the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\8\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(4) of the Act,\9\ which requires
that an exchange have an equitable allocation of reasonable dues, fees
and other charges among its members and other persons using its
facilities. We note that the fee structure for subscribers of non-
broker-dealers is identical to the fee structure previously approved
for subscribers of participating U.S. broker-dealers in the Broker
Marketing Alliance and, as noted above, the rebates and revenue sharing
arrangements are the same. Further, as noted in the Prior Order,
enhanced sentiment market data is a purely optional product, and it is
not necessary to subscribe to this service to trade options on the ISE.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\10\ that the proposed rule change be and hereby is approved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
 [FR Doc. E6-18975 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P


23304 Federal Register / Vol. 68, No. 84 / Thursday, May 1, 2003 / Notices developing strategies to promote the use of EMS. Because sector wide performance improvement is the goal, EPA will work with trade associations and others to find creative ways to measure environmental progress and burden reductions. OPEI will maintain points of contact with the Metal Finishing, Metal Casting, Shipbuilding & Ship Repair, and Specialty Batch Chemical sectors. OPEI will follow through on EMS and other projects that are ongoing with these sectors. Accomplishments with the Meat Processing industry will support new work with the Agribusiness Sector. FOR FURTHER INFORMATION CONTACT: Robert Benson, Director, Sector Strategies Division ( mail code 1808T), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Email: benson. robert@ epa. gov. Telephone: 202   566   2954.

Dated: April 28, 2003. Jessica L. Furey, Associate Administrator for Policy, Economics and Innovation. [ FR Doc. 03   10887 Filed 4   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0124; FRL   7305   3]

4 Chlorophenoxyacetic Acid; Report of the FQPA Tolerance Reassessment Progress and Risk Management Decision ( TRED); Notice of Availability AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the availability of the `` Report of the Food Quality Protection Act ( FQPA) Tolerance Reassessment Progress and Risk Management Decision ( TRED) for 4 Chlorophenoxyacetic Acid ( 4 CPA).'' EPA has reassessed the two tolerances, or legal limits, established for residues of 4 CPA in/ on raw agricultural commodities. These tolerances are now considered safe under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the FQPA of 1996. DATES: Comments, identified by docket ID number OPP   2003   0124 must be received on or before June 2, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mark T. Howard, Special Review and Registration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8172; fax number: ( 703) 308   8005; email address: howard. markt@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general, but will also be of interest to stakeholders, including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the use of pesticides on food. As such, the Agency has not attempted to specifically describe all the entities potentially affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0124. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand VerDate Jan< 31> 2003 16: 46 Apr 30, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01MYN1. SGM 01MYN1 23305 Federal Register / Vol. 68, No. 84 / Thursday, May 1, 2003 / Notices delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0124. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   124. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2003   0124. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2003   0124. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any 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 and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.

II. What Action is the Agency Taking?

EPA has assessed the risks associated with the current use of 4 CPA, reassessed two existing tolerances, and reached a tolerance reassessment decision. The Agency is issuing the resulting Report on FQPA Tolerance Reassessment Progress and Risk Management Decision for 4 CPA, known as a TRED, as well as a fact sheet, and technical support documents. The Agency has determined that there are no dietary ( food or drinking water) or aggregate risks of concern for the current registered use of 4 CPA, so mitigation of these risks is not necessary. For the purposes of this TRED, EPA is assuming there is no common mechanism of toxicity, and that the tolerances established for residues of 4 CPA in/ on raw agricultural commodities are considered reassessed as safe under section 408( q) of the FFDCA. EPA works extensively with affected parties to reach the tolerance reassessment decisions presented in TREDs. The Agency, therefore, is issuing the 4 CPA TRED as a final decision. However, the docket remains open, and if the Agency receives any comments by June 2, 2003, which significantly affect the Agency's decision, EPA will publish an amendment to the TRED in the Federal Register. In the absence of substantive comments, the tolerance reassessment decisions reflected in this TRED will be considered final.

VerDate Jan< 31> 2003 16: 46 Apr 30, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01MYN1. SGM 01MYN1 23306 Federal Register / Vol. 68, No. 84 / Thursday, May 1, 2003 / Notices List of Subjects Environmental protection, Pesticides, Plant growth regulators, Tolerances, and 4 CPA.

Dated: April 23, 2003. Betty Shackleford, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [ FR Doc. 03   10764 Filed 4   30   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7490   9]

Notice of Proposed Administrative Order on Consent Pursuant to Sections 106( a), 107( a) and 122( g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA), PCB Treatment, Inc. Superfund Site, Kansas City, KS, and Kansas City, MO, Docket No. CERCLA 07   2002   0128 AGENCY: Environmental Protection Agency. ACTION: Notice of proposed administrative order on consent, PCB Treatment, Inc. Superfund Site, Kansas City, Kansas, and Kansas City, Missouri.

SUMMARY: Notice is hereby given that a proposed administrative order on consent regarding the PCB Treatment Inc. Superfund Site ( Site), was signed by the United States Environmental Protection Agency ( EPA) on February 4, 2003, and approved by the United States Department of Justice ( DOJ) on April 3, 2003. DATES: EPA will receive comments until June 2, 2003, relating to the proposed agreement.

ADDRESSES: Comments should be addressed to Audrey Asher, Senior Assistant Regional Counsel, United States Environmental Protection Agency, Region VII, 901 North Fifth Street, Kansas City, Kansas 66101 and should refer to the PCB Treatment, Inc. Superfund Site Administrative Order on Consent, Docket No. CERCLA 07   2002   0128. The proposed agreement may be examined or obtained in person or by mail at the office of the United States Environmental Protection Agency, Region VII, 901 North Fifth Street, Kansas City, KS 66101, ( 913) 551   7255.

SUPPLEMENTARY INFORMATION: The proposed agreement concerns two facilities, about two miles apart, located in the industrial areas of Kansas City, Kansas at 45 Ewing Street and Kansas City, Missouri at 2100 Wyandotte Street. The facilities were formerly operated by PCB Treatment, Inc., now a defunct corporation. Between 1982 and 1987, PCB Treatment, Inc. and its subsidiaries or affiliates treated and stored PCBs contained in used transformers, capacitors, oil, equipment, and other materials at the Wyandotte facility and the Ewing facility. During its period of operations, spills of PCB contaminated oil and solvents occurred. Samples collected at the Site in the late 1990s indicated that the PCB contamination at Ewing Street exceeded 1,790 parts per million ( ppm) in the building and 1,450 ppm in the surrounding soils. At Wyandotte Street, the PCB contamination exceeded 23,800 ppm in the building and 800 ppm in the surrounding soils. Over 1000 parties arranged for disposal of PCB wastes at the Site, but the majority of the PCB contaminated material was sent to the Site by fewer than 15 parties. This settlement is with 11 private parties who contributed a major portion of waste to the Site and 12 Federal parties who collectively contributed a major share. This proposed settlement requires the private party Respondents to perform the removal actions at this Site which is estimated to cost $ 35,000,000. These costs will be paid by the Respondents, who will be reimbursed by the Federal Respondents for approximately 33% of the costs. In addition, Respondents may be reimbursed for approximately 24% of their costs through disbursements from a Special Account created with funds EPA recovered through de minimis settlements with small volume contributors.

Dated: April 21, 2003. James B. Gulliford, Regional Administrator, Region VII. [ FR Doc. 03   10763 Filed 4   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7491   2; CWA   HQ   2001   6009; EPCRA   HQ   2001   6009; CAA   HQ   2001   6009; RCRA   HQ   2001   6009]

Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Gerdau Ameristeel, Inc., d/ b/ a/ Gerdau Ameristeel, Perth Amboy and Gerdau Ameristeel, Sayerville AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice. SUMMARY: EPA has entered into a consent agreement with Gerdau Ameristeel, Inc., d/ b/ a/ Gerdau Ameristeel, Perth Amboy and Gerdau Ameristeel, Sayerville (`` Gerdau'') to resolve violations of the Clean Water Act (`` CWA''), the Clean Air Act (`` CAA''), the Resource Conservation and Recovery Act (`` RCRA'') and the Emergency Planning and Community Right to Know Act (`` EPCRA'') and their implementing regulations. The Administrator is hereby providing public notice of this consent agreement and final order and providing an opportunity for interested persons to comment on the CWA portions, as required by CWA section 311( b)( 6)( C), 33 U. S. C. 1321( b)( 6)( C). Gerdau failed to have an adequate Spill Prevention Control and Countermeasure (`` SPCC'') plans for two facilities where they stored diesel oil in above ground tanks at its Perth Amboy and Sayerville, New Jersey facilities. EPA, as authorized by CWA section 311( b)( 6), 33 U. S. C. 1321( b)( 6), has assessed a civil penalty for these violations. Gerdau failed to meet all the requirements of the facility's storm water permit, specifically by performing unauthorized discharges, and a failure to perform training required under the Storm Water Pollution Prevention Plan ( SWPPP) provisions of the General Permit at its Sayerville, New Jersey facility. EPA, as authorized by CWA section 309( g), 33 U. S. C. 1319, has assessed a civil penalty for these violations. Gerdau failed to follow the New Source Performance Standards found at 40 CFR part 60 and CAA section 111, 42 U. S. C. 7411 at its Perth Amboy, New Jersey facility. EPA, as authorized by CAA section 113( d)( 1), 42 U. S. C. 7413( d)( 1), has assessed a civil penalty for these violations. At the Sayerville, New Jersey facility, Gerdau failed to submit an Emergency and Hazardous Chemical Inventory form to the Local Emergency Planning Commission, the State Emergency Response Commission, and the fire department with jurisdiction over each facility in violation of EPCRA section 312, 42 U. S. C. 11022. EPA, as authorized by EPCRA section 325, 42 U. S. C. 11045, has assessed a civil penalty for these violations. Gerdau failed to properly manage and characterize certain hazardous wastes, and failed to include certain notifications on its manifests, in accordance with RCRA and its implementing regulations, specifically 40 CFR parts 262 and 268 at its Perth Amboy, New Jersey facility and failed to amend its contingency plan and to conduct annual hazardous waste VerDate Jan< 31> 2003 16: 46 Apr 30, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01MYN1. SGM 01MYN1


[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28541-28543]
[FR Doc No: 2018-13239]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0579]
RIN 1625-AA00

Safety Zone; City of Oswego Community Fireworks; Oswego Harbor,
Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of the launch site located at
the Oswego Harbor, Lake Ontario, Oswego, NY. This safety zone is
intended to restrict vessels from portions of Lake Ontario during the
City of Oswego Community fireworks display. This temporary safety zone
is necessary to protect mariners and vessels from the navigational
hazards associated with a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Buffalo.

DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on July
1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0579 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Michael Collet, Chief Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 find that those
procedures are ``impracticable, unnecessary, or contrary to public
interest.'' On April 19, 2018, the Captain of the Port (COTP) Buffalo
published a notice of proposed rulemaking (NPRM), Docket Number USCG-
2017-1112, to make temporary safety zones for annual events a final
rule. This event was included in the NPRM. Its purpose was to mitigate
potential threats to personnel, vessels, and the marine environment in
the navigable waters within the specified safety zones. The NPRM
addressed these concerns, and invited the public to comment during the
comment period, which ended on May 21, 2018. As such, it is unnecessary
to publish an NPRM for this temporary rule because the public had
opportunity to comment on it and no comments were received concerning
this event.
    Under 5 U.S.C 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the rule's objectives of ensuring safety of life on the
navigable waters and protection of persons and vessels in the vicinity
of the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined that a
fireworks display presents significant risks to the public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks display
takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 1, 2018, from 8:45 p.m.
until 10:15 p.m. The safety zone will encompass all waters of Lake
Ontario, Oswego, NY contained within 420-foot radius of:
43[deg]27'55.91'' N, 076[deg]30'59.04'' W.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action. 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 be relatively small
and enforced for a relatively short time. Also, the safety zone has
been designed to allow vessels to transit around it. Thus, restrictions
on vessel movement within that particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 the 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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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
establishes a temporary safety zone. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0579 to read as follows:

Sec.  165.T09-0579   Safety Zone; City of Oswego Community Fireworks;
Oswego Harbor, Oswego, NY.

    (a) Location. The safety zone will encompass all waters of the Lake
Ontario, Oswego, NY contained within a 420-foot radius of:
43[deg]27'55.91'' N, 076[deg]30'59.04'' W.
    (b) Enforcement period. This regulation will be enforced from 8:45
p.m. until 10:15 p.m. on July 1, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his 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 Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his 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 Buffalo, or his on-scene representative.

    Dated: June 15, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13239 Filed 6-19-18; 8:45 am]
 BILLING CODE 9110-04-P