UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Applications of Alaska Airlines, Inc., America West Airlines, Inc.,

Frontier Airlines, Inc., United Air Lines, Inc.

AirTran Airways Inc., Comair, Inc., Midwest Airlines, Inc.,

Spirit Airlines, Inc., and US Airways, Inc.,

For Exemptions from 14 CFR Part 93, Subparts K and S,

Pursuant to 49 U.S.C. § 41718(a) and § 41718(b)

Docket OST-2000-7181

Docket OST-2000-7182

NOTICE

On April 1, 2004, the Department issued Orders 2004-4-1 and 2004-4-2, which granted a total of 22 slot exemptions at Ronald Reagan Washington National Airport (DCA) to the above listed air carriers as mandated by the Vision 100--Century of Aviation Reauthorization Act, P.L. 108-176 (Vision 100) and the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21).  The Department also directed that no later than seven business days from the service date of the two orders, or not later than April 12, 2004, these air carriers should file proposed flight schedules and the effective date for operations authorized by the orders in the appropriate docket.  The Department also noted that the Federal Aviation Administration (FAA) would assign slot exemption numbers, effective dates, and operating times consistent with statutory limitations, but that the Department would make the final determination of slot time assignments.  The affected air carriers have now filed their proposed flight schedules, and in several instances we have noted scheduling conflicts where several carriers have requested slot exemptions for the same one-hour period.  As the Department stated in its Notice dated December 22, 2003, since 49 U.S.C. § 41718(c)(2), as amended by

Vision 100, does not allow us to assign more than a total of three slot exemption per one-hour period, and two exemptions have been awarded already for most one-hour periods, we are unable to accommodate all of the carrier slot exemption time requests.

By this notice we are assigning slot times awarded by Orders 2004-4-1

and 2004-4-2, as summarized in the attachment.  In making these determinations, we were required to balance the number of limited operations with the carriers’ operational needs, while fully complying with the statutory requirements of Vision 100.  The attachment to this notice indicates only the hourly period during which the slot exemption must be operated, not the exact times.  Additional consultation on exact times, frequency, and effective dates will be required between the air carriers and the FAA’s Slot Administration Office prior to initiating service.

We acknowledge that carriers may wish to propose additional changes that may be necessary to for them to optimize and rationalize the slot exemption times shown in the attachment.  Carriers may request the FAA Slot Administration Office to approve exchanges of the assigned slot exemption times with other slots or slot exemptions for the purpose of conducting operations authorized by Orders 2004-4-1 and 2004-4-2 in a different hour.  In acting on such requests, the FAA will employ standard practices in conjunction with applicable statutory and regulatory requirements for the utilization of slot times between and among individual air carriers.

Finally, as stated in Orders 2004-4-1 and 2004-4-2, air carriers must inaugurate the services granted within 90 days of the issuance of this notice assigning the slot times.  Regardless of subsequent slot time exchanges, the slot times assigned by this notice or assigned by the FAA’s Slot Administration Office pursuant to this notice will be tagged.  Furthermore, if any of the service granted by Orders 2004-4-1 and 2004-4-2 is suspended, or is not inaugurated in a timely manner, the Department will withdraw the slot exemptions based on their tagged slot time, rather than by any subsequent slot time operated.

We shall serve a copy of this notice on Alaska Airlines, America West Airlines, Inc., Frontier Airlines, Inc., United Air Lines, Inc., AirTran Airways, Inc., Comair, Inc., Midwest Airlines, Inc., Spirit Airlines, Inc., US Airways, Inc, the Federal Aviation Administration’s Slot Administration office, and the Metropolitan Washington Airports Authority.

By:

KARAN K. BHATIA

Assistant Secretary for Aviation

and International Affairs

Dated:  May 3, 2004

(SEAL)

An electronic version of this document will be available on the World Wide Web at:

http://dms.dot.gov/

	DCA SLOT TIMES ASSIGNED PURSUANT TO DEPARTMENT ORDERS 2004-4-1 AND 2004-4-2

	0700	0800	0900	1000	1100	1200	1300	1400	1500	1600	1700	1800	1900	2000 2100

	Times Avail/Hour:

2	1	1	2	3	2	3	1	1	1	1	1	1	2	1	23

Outside-Perimeter

Alaska

	0800

1600	1700

	2000

	America West

0700

1900

Frontier Airlines

0900

1300	1400

	2100

United

1100

	2000

Inside-Perimeter

AirTran

1500

	1800

	Comair

	1000

1200

	Midwest

1300 (2)

Spirit Airlines

	1000	1100

US Airways

0700

	1200

	ATTACHMENT

 Among other things, 49 U.S.C. § 41718(c)(2) prohibits the Department from adding any new DCA slot exemptions between the hours of 10:00 p.m. and 7:00 a.m.  In addition the Department may not increase the number of DCA operations in any one-hour period by more than three additional operations between the hours of 7:00 a.m. and 10:00 p.m.

 See, e.g., the restrictions at 49 U.S.C. 41714(j) on sale, lease, or transfer of exemptions.

 Orders 2004-4-1 and 2004–4-2 specified that if carriers failed to inaugurate service within 90 days of being given their exact slot times by the Department, the slot exemptions would be reallocated.

 PAGE

 PAGE   3

 PAGE

Served:  May 3, 2004


[Federal Register: June 9, 2010 (Volume 75, Number 110)]
[Notices]
[Page 32828-32831]
[DOCID:fr09jn10-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62213; File No. SR-NYSEArca-2010-22]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Relating to Listing of the Teucrium
Corn Fund

June 3, 2010.

I. Introduction

    On March 31, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares of the Teucrium Corn Fund under NYSE Arca
Equities Rule 8.200. The proposed rule change was published for comment
in the Federal Register on April 29, 2010.\3\ The Commission received
no comments on the proposal. This order grants approval of the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 61954 (April 21,
2010), 75 FR 22663 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade shares (``Shares'') of the
Teucrium Corn Fund (``Fund'') pursuant to NYSE Arca Equities Rule
8.200. NYSE Arca Equities Rule 8.200, Commentary .02, permits the
trading of Trust Issued Receipts either by listing or pursuant to
unlisted trading privileges.\4\
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    \4\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap agreements.
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    The Shares represent beneficial ownership interests in the Fund,
which is a commodity pool that is a series of the Teucrium Commodity
Trust (``Trust''), a Delaware statutory trust.\5\ The Fund is managed
and controlled by Teucrium Trading, LLC (``Sponsor''). The Sponsor is a
Delaware limited liability company that is registered as a commodity
pool operator with the Commodity Futures Trading Commission (``CFTC'')
and is a member of the National Futures Association.
---------------------------------------------------------------------------

    \5\ See Amendment No. 3 to the Registration Statement on Form S-
1 for the Trust, dated March 29, 2010 (File No. 333-162033)
(``Registration Statement'').
---------------------------------------------------------------------------

    The investment objective of the Fund is to have the daily changes
in percentage terms of the Fund's net asset value (``NAV'') per Share
reflect the daily changes in percentage terms of a weighted average of
the closing settlement prices for three futures contracts for corn
(``Corn Futures Contracts'') that are traded on the Chicago Board of
Trade (``CBOT''): (1) The second-to-expire CBOT Corn Futures Contract,
weighted 35%; (2) the third-to-expire CBOT Corn Futures Contract,
weighted 30%; and (3) the CBOT Corn Futures Contract expiring in the
December following the expiration month of the third-to-expire
contract, weighted 35%, less the Fund's expenses. This weighted average
of the three referenced Corn Futures Contracts is referred to herein as
the ``Benchmark,'' and the three Corn Futures Contracts that at any
given time make up the Benchmark are referred to herein as the
``Benchmark Component Futures Contracts.'' \6\
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    \6\ Corn Futures Contracts traded on CBOT expire on a specified
day in five different months: March, May, July, September, and
December. In terms of the Benchmark, in June of a given year, the
next-to-expire or ``spot month'' Corn Futures Contract will expire
in July of that year, and the Benchmark Component Futures Contracts
will be the contracts expiring in September of that year (the
second-to-expire contract), December of that year (the third-to-
expire contract), and December of the following year. In November of
a given year, the Benchmark Component Futures Contracts will be the
contracts expiring in March, May, and December of the following
year.
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    The Fund seeks to achieve its investment objective by investing
under normal market conditions in Benchmark Component Futures Contracts
or, in certain circumstances, in other Corn Futures Contracts traded on
CBOT or on foreign exchanges.\7\ In addition, and to

a limited extent, the Fund also may invest in corn-based swap
agreements that are cleared through CBOT or its affiliated provider of
clearing services (``Cleared Corn Swaps'') in furtherance of the Fund's
investment objective. Once position limits in Corn Futures Contracts
are applicable,\8\ the Fund's intention is to invest first in Cleared
Corn Swaps to the extent permitted by the position limits applicable to
Cleared Corn Swaps and appropriate in light of the liquidity in the
Cleared Corn Swap market, and then in contracts and instruments such as
cash-settled options on Corn Futures Contracts and forward contracts,
swaps other than Cleared Corn Swaps, and other over-the-counter
transactions that are based on the price of corn and Corn Futures
Contracts (collectively, ``Other Corn Interests,'' and together with
Corn Futures Contracts and Cleared Corn Swaps, ``Corn Interests''). By
utilizing certain or all of these investments, the Sponsor will
endeavor to cause the Fund's performance, before taking Fund expenses
and any interest income from the cash, cash equivalents, and Treasury
Securities (as defined herein) held by the Fund into account, to
closely track that of the Benchmark.
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    \7\ Corn futures volume on CBOT for 2008 and 2009 (through
November 30, 2009) was 59,934,739 contracts and 47,754,866
contracts, respectively. As of March 16, 2010, CBOT open interest
for corn futures was 1,118,103 contracts, and open interest for
near-month futures was 447,554 contracts. The contract price was
$18,337.50 ($3.6675 per bushel and 5,000 bushels per contract). The
approximate value of all outstanding contracts was $20.5 billion.
The position limits for all months is 22,000 contracts, and the
total value of contracts if position limits were reached would be
approximately $403.5 million (based on the $18,337.50 contract
price). As of March 16, 2010, open interest in corn swaps cleared on
CBOT was approximately 2,100 contracts, with an approximate value of
$38.5 million. Corn futures and options are also traded on NYSE
Liffe, and corn futures are traded on the Tokyo Grain Exchange.
    \8\ See infra note 21.
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    The Fund's positions in Corn Interests will be changed, or
``rolled,'' on a regular basis in order to track the changing nature of
the Benchmark. For example, five times a year (on the date on which a
Corn Futures Contract expires), the second-to-expire Corn Futures
Contract will become the next-to-expire Corn Futures Contract and will
no longer be a Benchmark Component Futures Contract, and the Fund's
investments will have to be changed accordingly. In order that the
Fund's trading does not cause unwanted market movements and to make it
more difficult for third parties to profit by trading based on such
expected market movements, the Fund's investments typically will not be
rolled entirely on that day, but rather will typically be rolled over a
period of several days.
    The Fund will invest in Corn Interests to the fullest extent
possible without being leveraged or unable to satisfy its expected
current or potential margin or collateral obligations with respect to
its investments in Corn Interests.\9\ After fulfilling such margin and
collateral requirements, the Fund will invest the remainder of its
proceeds from the sale of baskets in short-term obligations of the
United States government (``Treasury Securities'') or cash equivalents,
and/or merely hold such assets in cash (generally in interest-bearing
accounts). Therefore, the focus of the Sponsor in managing the Fund is
investing in Corn Interests and in Treasury Securities, cash, and/or
cash equivalents. The Fund will earn interest income from the Treasury
Securities and/or cash equivalents that it purchases and on the cash it
holds through the Fund's custodian, the Bank of New York Mellon.
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    \9\ The Sponsor represents that the Fund will invest in Corn
Interests in a manner consistent with the Fund's investment
objective and not to achieve additional leverage.
---------------------------------------------------------------------------

    The Sponsor will employ a ``neutral'' investment strategy intended
to track the changes in the Benchmark regardless of whether the
Benchmark goes up or goes down and will endeavor to place the Fund's
trades in Corn Interests and otherwise manage the Fund's investments so
that the Fund's average daily tracking error against the Benchmark will
be less than 10 percent over any period of 30 trading days. More
specifically, the Sponsor will endeavor to manage the Fund so that A
will be within plus/minus 10 percent of B, where A is the average daily
change in the Fund's NAV for any period of 30 successive valuation
days, i.e., any trading day as of which the Fund calculates its NAV,
and B is the average daily change in the Benchmark over the same
period.
    The Sponsor believes that market arbitrage opportunities will cause
the Fund's Share price on the NYSE Arca to closely track the Fund's NAV
per share and that the net effect of this expected relationship and the
expected relationship between the Fund's NAV and the Benchmark will be
that the changes in the price of the Fund's Shares on NYSE Arca will
closely track, in percentage terms, changes in the Benchmark, less the
Fund's expenses.
    The CFTC and U.S. designated contract markets such as CBOT may
establish position limits on the maximum net long or net short futures
contracts in commodity interests that any person or group of persons
under common trading control (other than as a hedge) may hold, own, or
control. For example, the current position limits for investments at
any one time in the Corn Futures Contracts traded on CBOT are 600 spot
month contracts, 13,500 contracts expiring in any other single month,
and 22,000 total for all months. These position limits are fixed
ceilings that the Fund would not be able to exceed without specific
CFTC authorization.
    In addition to position limits, the futures exchanges set daily
price fluctuation limits on futures contracts. The daily price
fluctuation limit establishes the maximum amount that the price of
futures contracts may vary either up or down from the previous day's
settlement price. Once the daily price fluctuation limit has been
reached in a particular futures contract, no trades may be made at a
price beyond that limit.
    The Fund does not intend to limit the size of the offering and will
attempt to utilize substantially all of its proceeds to purchase Corn
Interests. If the Fund encounters position limits, accountability
levels, or price fluctuation limits for Corn Futures Contracts on CBOT,
it may then, if permitted under applicable regulatory requirements,
purchase Other Corn Interests and/or Corn Futures Contracts listed on
foreign exchanges. The Corn Futures Contracts available on such foreign
exchanges may have different underlying sizes, deliveries, and prices.
In addition, the Corn Futures Contracts available on these exchanges
may be subject to their own position limits and accountability levels.
In certain circumstances, however, position limits could force the Fund
to limit the number of creation baskets that it sells.
    The Exchange represents that the Fund will meet the initial and
continued listing requirements applicable to Trust Issued Receipts in
NYSE Arca Equities Rule 8.200 and Commentary .02 thereto. With respect
to application of Rule 10A-3 under the Act,\10\ the Trust will rely on
the exception contained in Rule 10A-3(c)(7).\11\ A minimum of 100,000
Shares will be outstanding as of the start of trading on the Exchange.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.10A-3.
    \11\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    Additional details regarding the trading policies of the Fund,
creations and redemptions of the Shares, Corn Interests and other
aspects of the corn and Corn Interest markets, investment risks,
Benchmark performance, NAV calculation, the dissemination and
availability of information about the underlying assets, trading halts,
applicable trading rules, surveillance, and the Information Bulletin,
among other things, can be found in the Notice

and/or the Registration Statement, as applicable.\12\
---------------------------------------------------------------------------

    \12\ See supra notes 3 and 5.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change to list and trade the Shares of the Fund is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\13\ In particular, the
Commission finds that the proposed rule change is consistent with the
requirements of Section 6(b)(5) of the Act,\14\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \13\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is also consistent with Section 11A(a)(1)(C)(iii) of
the Act,\15\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information regarding the Shares will be disseminated through the
facilities of the Consolidated Tape Association (``CTA''), and the
Benchmark will be disseminated by one or more major market data vendors
every 15 seconds during the NYSE Arca Core Trading Session of 9:30 a.m.
to 4 p.m. Eastern Time (``E.T.''). In addition, the Indicative Trust
Value (``ITV'') will be disseminated on a per-Share basis by one or
more major market data vendors every 15 seconds during the NYSE Arca
Core Trading Session.\16\ The Fund will provide Web site disclosure of
portfolio holdings daily and will include, as applicable, the names,
quantity, price, and market value of Financial Instruments \17\ and the
characteristics of such instruments and cash equivalents, and amount of
cash held in the portfolio of the Fund. The closing price and
settlement prices of the Corn Futures Contracts are readily available
from CBOT, automated quotation systems, published or other public
sources, or on-line information services such as Bloomberg or Reuters,
and the spot price of corn also is available on a 24-hour basis from
major market data vendors. The NAV for the Fund will be calculated by
the Administrator once a day and will be disseminated daily to all
market participants at the same time, and the Web site for the Fund
(http://www.teucriumcornfund.com) and/or the Exchange will contain the
prospectus and additional data relating to NAV and other applicable
quantitative information.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \16\ The normal trading hours for Corn Futures Contracts on CBOT
are 10:30 a.m. to 2:15 p.m. E.T. The ITV will not be updated, and,
therefore, a static ITV will be disseminated, between the close of
trading on CBOT of Corn Futures Contracts and the close of the NYSE
Arca Core Trading Session. The value of a Share may be influenced by
non-concurrent trading hours between NYSE Arca and CBOT when the
Shares are traded on NYSE Arca after normal trading hours of Corn
Futures Contracts on CBOT.
    \17\ See supra note 4.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. If the Exchange becomes aware that the NAV with respect to the
Shares is not disseminated to all market participants at the same time,
it will halt trading in the Shares until such time as the NAV is
available to all market participants. Further, the Exchange represents
that it may halt trading during the day in which an interruption to the
dissemination of the ITV or the value of the underlying futures
contracts occurs. If the interruption to the dissemination of the ITV
or the value of the underlying futures contracts persists past the
trading day in which it occurred, the Exchange will halt trading no
later than the beginning of the trading day following the interruption.
In addition, the Web site disclosure of the portfolio composition of
the Fund will occur at the same time as the disclosure by the Sponsor
of the portfolio composition to Authorized Purchasers (as defined in
the Registration Statement) so that all market participants are
provided portfolio composition information at the same time. Therefore,
the same portfolio information will be provided on the public Web site
as well as in electronic files provided to Authorized Purchasers.
Accordingly, each investor will have access to the current portfolio
composition of the Fund through the Fund's Web site. Lastly, the
trading of the Shares will be subject to NYSE Arca Equities Rule 8.200,
Commentary .02(e), which sets forth certain restrictions on ETP
Holders\18\ acting as registered Market Makers\19\ in Trust Issued
Receipts to facilitate surveillance.
---------------------------------------------------------------------------

    \18\ See NYSE Arca Equities Rule 1.1(n) (defining ETP Holder).
    \19\ See NYSE Arca Equities Rule 1.1(u) (defining Market Maker).
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are deemed equity
securities subject to the Exchange's rules governing the trading of
equity securities. In support of this proposal, the Exchange has made
representations, including the following:
    (1) The Fund will meet the initial and continued listing
requirements applicable to Trust Issued Receipts in NYSE Arca Equities
Rule 8.200 and Commentary .02 thereto.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
    (4) With respect to Fund assets traded on exchanges, not more than
10% of the weight of such assets in the aggregate shall consist of
components whose principal trading market is not a member of the
Intermarket Surveillance Group or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
    (5) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Opening and Late
Trading Sessions when an updated ITV will not be calculated or publicly
disseminated; (b) the procedures for purchases and redemptions of
Shares (and that Shares are not individually redeemable); (c) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Shares; (d) how information regarding the ITV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of

a transaction; and (f) trading information.
    (6) A minimum of 100,000 Shares will be outstanding as of the start
of trading on the Exchange.
    (7) With respect to the application of Rule 10A-3 under the Act,
the Trust will rely on the exception contained in Rule 10A-3(c)(7).\20\
---------------------------------------------------------------------------

    \20\ See supra notes 10 and 11 and accompanying text.
---------------------------------------------------------------------------

    This approval order is based on the Exchange's representations.\21\
---------------------------------------------------------------------------

    \21\ The Commission notes that it does not regulate the market
for the futures in which the Fund plans to take positions, which is
the responsibility of the CFTC. The CFTC has the authority to set
limits on the positions that any person may take in futures on
commodities. These limits may be directly set by the CFTC, or by the
markets on which the futures are traded. The Commission has no role
in establishing position limits on futures in commodities, even
though such limits could impact a commodity-based exchange-traded
product that is under the jurisdiction of the Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-NYSEArca-2010-22) be, and it
hereby is, approved.
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    \22\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-13826 Filed 6-8-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Notices]
[Page 1335]
[DOCID:fr08ja08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC08-20-000]

Enbridge Pipelines (Patoka), LLC; Notice of Filing

January 2, 2008.
    Take notice that on November 28, 2007, Enbridge Pipelines (Patoka),
LLC, submitted a request for waiver of the requirement to file the FERC
Form No. 6 for the last two months of the 2004 calendar year.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: February 1, 2008.

 Kimberly D. Bose,
 Secretary.
[FR Doc. E8-98 Filed 1-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Page 57879]
[FR Doc No: 2021-22686]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93301; File No. SR-PEARL-2021-38]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Its Fee Schedule To Adjust
the Options Regulatory Fee

October 13, 2021.
    On August 12, 2021, MIAX PEARL, LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Exchange's fee schedule to revise the Options Regulatory Fee charged
starting August 12, 2021. The proposed rule change was immediately
effective upon filing with the Commission pursuant to Section
19(b)(3)(A) of the Act.\3\ The proposed rule change was published for
comment in the Federal Register on August 27, 2021.\4\ The Commission
received one comment letter on the proposal from the Exchange noting
that it planned to withdraw File No. PEARL-2021-38.\5\ On October 7,
2021, the Exchange withdrew the proposed rule change (SR-PEARL-2021-
38).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 92728 (August 23,
2021), 86 FR 48253.
    \5\ See Letter to Vanessa Countryman, Secretary, Commission,
from Michael Slade, AVP and Associate Counsel, Exchange, dated
September 30, 2021.
    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22686 Filed 10-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14751-14752]
[FR Doc No: 2018-07086]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0156]

Special Local Regulation; California Half Ironman Triathlon,
Oceanside, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the special local regulations on
the waters offshore Oceanside and within Oceanside Harbor, California
during the California Half Ironman Triathlon from 6:30 a.m. to 8:40
a.m. on April 7, 2018.

These special local regulations are necessary to provide for the safety
of the participants, crew, spectators, sponsor vessels of the
triathlon, and general users of the waterway. During the enforcement
period, persons and vessels are prohibited from entering into,
transiting through, or anchoring within this regulated area unless
authorized by the Captain of the Port, or his designated
representative.

DATES: The regulations for the marine event listed in 33 CFR 100.1101,
Table 1, Item 2, will be enforced from 6:30 a.m. through 8:40 a.m. on
April 7, 2018.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
publication of enforcement, call or email Lieutenant Junior Grade
Briana Biagas, Waterways Management, U.S. Coast Guard Sector San Diego,
CA; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1101 from 6:30 a.m. through 8:40 a.m.
on April 7, 2018 for the California Half Ironman Triathlon in
Oceanside, CA. This action is being taken to provide for the safety of
life on navigable waterways during the triathlon. Our regulation for
recurring marine events in the San Diego Captain of the Port Zone,
Sec.  100.1101, specifies the location of the regulated area for this 2
KM loop open water swim is located offshore Oceanside and in Oceanside
Harbor. Under the provisions of 33 CFR 100.1101, persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this regulated area unless authorized by the Captain of the
Port, or his designated representative. The Coast Guard may be assisted
by other Federal, State, or local law enforcement agencies in enforcing
this regulation.
    This document is issued under authority of 5 U.S.C. 552 (a) and 33
CFR 100.1101. In addition to this document in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners, Broadcast Notice to Mariners, and local advertising by the
event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: March 20, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-07086 Filed 4-5-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Rules and Regulations]
[Pages 39949-39952]
[FR Doc No: 2012-16421]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2009-0596; FRL-9691-3]
RIN 2040-AF41

Effective Date for the Water Quality Standards for the State of
Florida's Lakes and Flowing Waters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
extension of the July 6, 2012, effective date of the ``Water Quality
Standards for the State of Florida's Lakes and Flowing Waters; Final
Rule'' (inland waters rule) for six months to January 6, 2013. EPA's
inland waters rule currently includes an effective date of July 6,
2012, for the entire regulation except for the site-specific
alternative criteria provision, which took effect on February 4, 2011.
This extension of the July 6, 2012, effective date for the inland
waters rule to January 6, 2013, does not affect or change the February
4, 2011, effective date for the site-specific alternative criteria
provision.

DATES: The revision to Sec.  131.43 in this final rule is effective
January 6, 2013. The effective date of Sec.  131.43, revised on
December 6, 2010 (75 FR 75805), and delayed on March 7, 2012 (77 FR
13949) to July 6, 2012, is further delayed until January 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-OW-2009-0596. All documents in the docket 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
of which disclosure is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center, EPA West
Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004,
Attention: Docket ID No. EPA-HQ-OW-2009-0596. The Office of Water (OW)
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The OW Docket Center telephone number
is<PHONE_NUMBER>. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For information concerning this
rulemaking, contact: Tracy Bone, U.S. EPA, Office of Water, Mailcode
4305T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

Does this action apply to me?

    Citizens concerned with water quality in Florida may be interested
in this rulemaking. Entities discharging nitrogen or phosphorus to
lakes and flowing waters of Florida could be indirectly affected by
this rulemaking because water quality standards (WQS) are used in
determining National Pollutant Discharge Elimination System (NPDES)
permit limits. Categories and entities that may ultimately be affected
include:

------------------------------------------------------------------------
                                      Examples of potentially affected
             Category                             entities
------------------------------------------------------------------------
Industry..........................  Industries discharging pollutants to
                                     lakes and flowing waters in the
                                     State of Florida.
Municipalities....................  Publicly-owned treatment works
                                     discharging pollutants to lakes and
                                     flowing waters in the State of
                                     Florida.
Stormwater Management Districts...  Entities responsible for managing
                                     stormwater runoff in Florida.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for entities that may be directly or indirectly affected by this
action. This table lists the types of entities of which EPA is now
aware that potentially could be affected by this action. Other types of
entities not listed in the table, such as nonpoint source contributors
to nitrogen/phosphorus pollution in Florida's waters may be indirectly
affected through implementation of Florida's water quality standards
program (i.e., through Basin Management Action Plans (BMAPs)). Any
parties or entities conducting activities within watersheds of the
Florida waters covered by this rule, or who rely on, depend upon,
influence, or contribute to the water quality of the lakes and flowing
waters of Florida, may be indirectly affected by this rule. To
determine whether your facility or activities may be affected by this
action, you should carefully examine the language in 40 CFR 131.43,
which is the final rule. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

    On December 6, 2010, EPA's final inland waters rule, entitled
``Water Quality Standards for the State of Florida's Lakes and Flowing
Waters; Final Rule,'' was published in the Federal Register at 75 FR
75762, and codified at 40 CFR 131.43. The final inland waters rule
established numeric nutrient criteria in the form of total nitrogen,
total phosphorus, nitrate+nitrite, and chlorophyll a for the different
types of Florida's inland waters to assure attainment of the State's
applicable water quality designated uses. More specifically, the
numeric nutrient criteria translated Florida's narrative nutrient
provision at Subsection 62-302.530(47)(b), Florida Administrative Code
(F.A.C.), into numeric values that apply to lakes and springs
throughout Florida and flowing waters outside of the South Florida
Region. (EPA has distinguished the South Florida Region as those areas
south of Lake Okeechobee and the Caloosahatchee River watershed to the
west of Lake Okeechobee and the St. Lucie watershed to the east of Lake
Okeechobee.) This final inland waters rule seeks to improve water
quality, protect public health and aquatic life, and achieve the long-
term recreational uses of Florida's waters, which are a critical part
of the State's economy.

III. Revised Effective Date

A. Rationale for Extending the July 6, 2012 Effective Date

    As stated in the rule itself (75 FR 75762, December 6, 2010), the
inland waters rule was originally scheduled to take effect on March 6,
2012, except for the site-specific alternative criteria (SSAC)
provision at 40 CFR 131.43(e), which took effect on February 4, 2011.
On March 7, 2012, EPA published an extension of the effective date of
the rule for four months to July 6, 2012 (77 FR 13497). On May 17, 2012
(77 FR 29271) EPA proposed a shorter-term extension of the July 6,
2012, effective

date in order to avoid the confusion and inefficiency that could occur
should Federal criteria become effective while EPA reviews State
standards for approval or disapproval under CWA section 303(c). On June
7, 2012, the State of Florida Division of Administrative Hearings ruled
in favor of the State's rule, enabling the State to officially submit
its package to EPA on June 13, 2012.
    Extending the July 6, 2012, effective date of EPA's inland waters
rule to January 6, 2013, would avoid the confusion and inefficiency
that may occur should Federal criteria become effective while EPA is
reviewing Florida's rule. This six-month extension will provide EPA
time to review and approve or disapprove Florida's rule under CWA
section 303(c). If EPA approves Florida's rule, this six-month
extension will also allow EPA to request permission from the Court to
finalize a further extension of the January 6, 2013, effective date for
a period of time for EPA to withdraw the Federal criteria corresponding
to those State criteria approved by EPA. Finally, if the Court grants
EPA permission to finalize a further extension of the January 6, 2013,
effective date, this six-month extension will allow EPA to actually
finalize such further extension of the January 6, 2013, effective date
to allow EPA to withdraw Federal criteria corresponding to those State
standards approved by EPA. If EPA does not approve Florida's standards,
EPA expects that its inland waters rule would become effective January
6, 2013.
    Note that regarding two portions of EPA's original inland waters
rule--streams and default downstream protection values (DPVs) for
unimpaired lakes--the U.S. District Court for the Northern District of
Florida invalidated and remanded those two portions of the inland
waters rule to EPA on February 18, 2012 (FWF v. Jackson, 4:08-cv-00324-
RH-WCS). EPA is preparing to propose in a separate rulemaking process
numeric nutrient criteria for such streams and default DPVs.

B. Public Comment

    EPA received twelve comments on the proposed extension of the July
6, 2012, effective date. One commenter noted that any extension of the
inland waters rule effective date does not prevent Florida from
developing protective numeric nutrient standards. This commenter
provided information showing that Florida continues to experience
nitrogen and phosphorus-fueled algae blooms. This commenter asserted
that the sooner numeric criteria are put in place, the sooner Florida
waters will be on the path to being fishable, swimmable, and drinkable.
EPA agrees with the commenter that control of excess nitrogen and
phosphorus is important, however, EPA is finalizing this six-month
extension of the effective date to allow EPA time to review the
submitted State standards (discussed earlier) for approval or
disapproval under CWA section 303(c). As mentioned earlier, having
EPA's criteria take effect while EPA is reviewing the State standards
could cause confusion and administrative inefficiency for the State and
regulated entities, something the EPA wants to avoid. The commenter
also argued against granting the longer extension of one year that was
discussed in the proposed rule. EPA agrees with the commenter and has
finalized a six-month extension. The commenter also provided input on
the submitted Florida numeric nutrient standards. Those comments are
outside the scope of this rule.
    The other eleven commenters supported the proposal to extend the
effective date, arguing that the additional time would avoid the
confusion and inefficiency that may occur should Federal criteria
become effective prior to allowing full consideration of the Florida
Department of Environmental Protection's (FDEP's) nutrient standards
and withdrawal of Federal numeric nutrient criteria rulemakings in
Florida. The commenters supported extension of the effective date by
one year as discussed in the proposal rather than the proposed three-
month extension. Some of these commenters also proposed that EPA extend
the effective date beyond one year in case more time is needed to
withdraw its Federal nutrient criteria.
    EPA agrees that a longer extension than three months is warranted,
but that six months is appropriate in order to provide sufficient time
to allow EPA to take the actions described earlier. Therefore, based on
public comment as well as the June 13, 2012, submission by Florida of
its nutrient standards, EPA believes that a six-month extension is
warranted.
    EPA received several comments urging actions related to an EPA
rulemaking under development (i.e., not the inland waters rule). These
comments are outside the scope of this action and therefore EPA is not
addressing them.

C. Good Cause Exemption

    Section 553(d)(3) of the Administrative Procedure Act, 5 U.S.C.
553(d)(3), provides that ``[t]he required publication or service of a
substantive rule shall be made not less than 30 days before its
effective date, except * * * (3) as otherwise provided by the agency
for good cause found and published with the rule.'' Today's final rule
is a rule that relieves a restriction, i.e., that delays the effective
date of a Federal rule. Today's rule does not establish any
requirements but rather merely extends the effective date of already-
promulgated requirements. On this basis, EPA has determined that there
is ``good cause'' for having this rule take effect upon publication in
the Federal Register. EPA thus finds that this constitutes ``good
cause'' under 5 U.S.C. 553(d)(3).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), since it
merely extends the effective date of an already promulgated rule, and
is therefore not subject to review under Executive Order 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action does not impose any
information collection burden, reporting or record keeping requirements
on anyone.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have significant economic impact on a substantial number
of small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions. For purposes of
assessing the impacts of this action on small entities, small entity is
defined as: (1) A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-

profit enterprise which is independently owned and operated and is not
dominant in its field.
    This final rule does not establish any requirements that are
applicable to small entities, but rather merely extends the date of
already promulgated requirements. Thus, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.

D. Unfunded Mandates Reform Act

    This final rule does not contain a Federal mandate that may result
in expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This final rule merely extends the effective date of an already
promulgated regulation.
    This final rule is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This final rule
does not establish any requirements that are applicable to small
entities, but rather merely extends the date of already promulgated
requirements.

E. Executive Order 13132 (Federalism)

    This action does not have Federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. This action merely extends the
effective date of an already promulgated regulation.

F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has Tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by Tribal governments, or
EPA consults with Tribal officials early in the process of developing
the proposed regulation and develops a Tribal summary impact statement.
However, the rule will neither impose substantial direct compliance
costs on Tribal governments, nor preempt Tribal law.
    In the State of Florida, there are two Indian Tribes, the Seminole
Tribe of Florida and the Miccosukee Tribe of Indians of Florida, with
lakes and flowing waters. Both Tribes have been approved for treatment
in the same manner as a State (TAS) status for CWA sections 303 and 401
and have federally approved WQS in their respective jurisdictions.
These Tribes are not subject to this final rule. This rule will not
impact the Tribes because it merely extends the date of already
promulgated requirements.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to E.O. 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in E.O.
12866 and because the Agency does not believe this action includes
environmental health risks or safety risks that would present a risk to
children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (E.O.) 12898 (59 FR 7629, Feb. 16, 1994)
establishes Federal executive policy on environmental justice. Its main
provision directs agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This action is not subject to E.O.
12898 because this action merely extends the effective date for already
promulgated requirements.

K. Congressional Review Act

    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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of July 6, 2012.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 131

    Environmental protection, Florida, Nitrogen/phosphorus pollution,
Nutrients, Water quality standards.

    Dated: June 28, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, 40 CFR part 131 is amended
as follows:

PART 131--WATER QUALITY STANDARDS

0
1. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

Subpart D--[Amended]

0
2. Section 131.43 is amended by revising paragraph (f) to read as
follows:

Sec.  131.43  Florida.

* * * * *
    (f) Effective date. This section is effective on January 6, 2013,
except for Sec.  131.43(e), which is effective February 4, 2011.

[FR Doc. 2012-16421 Filed 7-5-12; 8:45 am]
BILLING CODE 6560-50-P


DRAFT

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

September 16-19, 2008

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0274

Holiday Inn – Rosslyn at Key Bridge

1900 North Fort Myer Drive

Arlington, VA 22209

Scientific Issues Associated with the Agency’s Evaluation of the
Toxicity Profile of Chlorpyrifos

Please note that all times are approximate (see note at end of Agenda).

Tuesday, September 16, 2008

9:00 A.M.	Opening of Meeting and Administrative Procedures – Sharlene
Matten, Ph.D., Designated Federal Official, Office of Science
Coordination and Policy, EPA

9:10 A.M. 	Introduction and Identification of Panel Members – Steven
Heeringa, Ph.D., FIFRA Scientific Advisory Panel Chair and Kenneth
Portier, Ph.D., FIFRA Scientific Advisory Panel Session Chair

9:20 A.M.	Welcome and Opening Remarks –Tina Levine, Ph.D., Director,
Health Effects Division, Office of Pesticide Programs, EPA

9:25 A.M.	Goals and Objectives of the Meeting– Jack Housenger,
Associate Director, Health Effects Division, Office of Pesticide
Programs, EPA

9:40 A.M.	Chlorpyrifos Hazard and Dose Response Characterization –
Anna Lowit, Ph.D., Health Effects Division, Office of Pesticide
Programs, EPA

10:45 A.M.	BREAK

11:00 A.M.	Panel Discussion

12:00 P.M.	LUNCH

1:00 P.M. 	PUBLIC COMMENTS

	Dow Agrosciences, LLC

3:00 P.M.	BREAK

3:15 P.M.    	Other Public Comments

5:30 P.M.	ADJOURN

DRAFT

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

September 16-19, 2008

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0274

Holiday Inn – Rosslyn at Key Bridge

1900 North Fort Myer Drive

Arlington, VA 22209

Scientific Issues Associated with the Agency’s Evaluation of the
Toxicity Profile of Chlorpyrifos

Please note that all times are approximate (see note at end of Agenda).

Wednesday, September 17, 2008

9:00 A.M.	Opening of Meeting and Administrative Procedures –

Sharlene Matten, Ph.D., Designated Federal Official, Office of Science
Coordination and Policy, EPA

9:05 A.M. 	Introduction and Identification of Panel Members – Kenneth
Portier, Ph.D., FIFRA Scientific Advisory Panel Session Chair

9:10 A.M.	Public Comments cont’d

10:15 A.M.	BREAK

10:30 AM	Public Comments cont’d

11:15 A.M.	Charge to the Panel – Question 1

12:00 P.M.	Lunch

1:00 P.M.	Charge to the Panel - Question 2

2:45 P.M.	BREAK

3:00 P.M.	Charge to the Panel – Question 3

5:30 P.M.	ADJOURN

DRAFT

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

September 16-19, 2008

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0274

Holiday Inn – Rosslyn at Key Bridge

1900 North Fort Myer Drive

Arlington, VA 22209

Scientific Issues Associated with the Agency’s Evaluation of the
Toxicity Profile of Chlorpyrifos

Please note that all times are approximate (see note at end of Agenda).

Thursday, September 18, 2008

9:00 A.M.	Opening of Meeting and Administrative Procedures – Sharlene
Matten, Ph.D., Designated Federal Official, Office of Science
Coordination and Policy, EPA

9:05 A.M. 	Introduction and Identification of Panel Members – Kenneth
Portier, Ph.D., FIFRA Scientific Advisory Panel Session Chair

9:10 A.M. 	Follow-up From Previous Day’s Discussion – Anna Lowit,
Ph.D., Health Effects Division, Office of Pesticide Programs, EPA

9:30 A.M.	Charge to the Panel – Question 4

10:30 A.M. 	BREAK

10:45 A.M.    Charge to the Panel – Question 5

12:00 P.M.	LUNCH

1:15 P.M.	Charge to the Panel – Question 6

3:00 P.M.	BREAK

3.15 P.M.	Charge to the Panel – Question 7

5:30 P.M.	ADJOURN

DRAFT

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

September 16-19, 2008

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0274

Holiday Inn – Rosslyn at Key Bridge

1900 North Fort Myer Drive

Arlington, VA 22209

Scientific Issues Associated with the Agency’s Evaluation of the
Toxicity Profile of Chlorpyrifos

Please note that all times are approximate (see note at end of Agenda).

Friday, September 19, 2008

9:00 A.M.      Opening of Meeting and Administrative Procedures –
Sharlene Matten, Ph.D., Designated Federal Official, Office of Science
Coordination 	and Policy, EPA

9:05 A.M. 	Introduction and Identification of Panel Members – Kenneth
Portier, Ph.D., FIFRA Scientific Advisory Panel Session Chair

9:10 A.M. 	Follow-up From Previous Day’s Discussion – Anna Lowit,
Ph.D., Health Effects Division, Office of Pesticide Programs, EPA

9:15 A.M.	Continued Panel Discussion (as needed)

10:15 A.M. 	Break

10:30 A.M. 	Continued Panel Discussion (as needed)

12:00 P.M. 	ADJOURN

Please be advised that agenda times are approximate; when the discussion
for one topic is completed, discussions for the next topic will begin.
For further information, please contact the Designated Federal Official
for this meeting, Sharlene Matten, via telephone:<PHONE_NUMBER>; fax:
(202) 564-8382; or email<EMAIL_ADDRESS>


[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42809-42812]
[FR Doc No: 2020-13637]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-10011-34-Region 1]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Industri-Plex
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 1 is issuing
a Notice of Intent to Delete the 200 Presidential Way, Woburn, MA 01801
(200 Presidential Way) parcel of the Industri-Plex Superfund Site
(Site) (MAD076580950) located in Woburn, Massachusetts, from the
National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
Commonwealth of Massachusetts, through the Massachusetts Department of
Environmental Protection, have determined that all appropriate response
actions at the identified parcel under CERCLA, been completed. However,
this partial deletion does not preclude future actions under Superfund.
    This partial deletion pertains to soil and groundwater at the
approximately 10.7-acre 200 Presidential Way parcel. The remaining
areas/media of the Industri-Plex Superfund Site will remain on the NPL
and are not being considered for deletion as part of this action.

DATES: Comments must be received by August 14, 2020.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email<EMAIL_ADDRESS>     Written comments submitted by mail are temporarily
suspended and no hand deliveries will be accepted. EPA encourage the
public to submit comments via https://www.regulations.gov.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. 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 email. The http://www.regulations.gov website 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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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 docket are listed in the http://www.regulations.gov index. 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, will be publicly available only in at the EPA
Region 1 SEMS Records and Information Center (SEMS RIC). Publicly
available docket materials are available either electronically at:
http://www.regulations.gov, https://semspub.epa.gov/src/collection/01/AR66357 or https://go.usa.gov/xvvr6. EPA site specific web page:
www.epa.gov/superfund/industriplex.
    The EPA is temporarily suspending its Docket Center and Regional
Records Centers for public visitors to reduce the risk of transmitting
COVID-19. In addition, many site information repositories are closed
and information in these repositories, including the deletion docket,
has not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT: Joseph LeMay, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 1--New England, 5
Post Office Square, Suite 100 (mail code: 07-4), Boston, MA 02109-3912,
(617) 918-1323, email<EMAIL_ADDRESS>or SEMS Records & Information
Center, EPA Region 1--New England, 5 Post Office Square, Suite 100
(mail code: 02-3), Boston, MA 02109-3912,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA Region 1--New England announces its intent to delete the soil
and groundwater of the approximately 10.7-acre 200 Presidential Way,
Woburn, MA, (200 Presidential Way) parcel of the Industri-Plex
Superfund Site (Site), from the National Priorities List (NPL) and
request public comment on this proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to section 105 of

the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as those sites
that appear to present a significant risk to public health, welfare, or
the environment. Sites on the NPL may be the subject of remedial
actions financed by the Hazardous Substance Superfund (Fund). This
partial deletion of 200 Presidential Way parcel at the Site is proposed
in accordance with 40 CFR 300.425(e) and is consistent with the Notice
of Policy Change: Partial Deletion of Sites Listed on the National
Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL
remains eligible for Fund-financed remedial action if future conditions
warrant such actions.
    EPA will accept comments on the proposal to partially delete this
site for thirty (30) days after publication of this document in the
Federal Register.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses where to access and review
information that demonstrates how the deletion criteria have been met
for the 200 Presidential Way parcel of the Industri-Plex Superfund site
and demonstrates how the parcel meets the deletion criteria. Site.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the Commonwealth of Massachusetts, whether any of the
following criteria have been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.

III. Deletion Procedures

    The following procedures apply to deletion of 200 Presidential Way
parcel of the Site:
    (1) EPA consulted with the Commonwealth of Massachusetts before
developing this Notice of Intent for Partial Deletion.
    (2) EPA has provided the Commonwealth of Massachusetts 30 working
days for review of this notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
    (4) The Commonwealth of Massachusetts, through the Massachusetts
Department of Environmental Protections, has concurred with the
deletion of the 200 Presidential Way parcel at the Industri-Plex
Superfund Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, Woburn Times Chronicle. The newspaper
announces the 30-day public comment period concerning the Notice of
Intent for Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket, made these items available for
public inspection, and copying at the Site information repositories
identified above.
    If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the 200 Presidential Way
parcel of the Site. If necessary, EPA will prepare a Responsiveness
Summary to address any significant public comments received. After the
public comment period, if EPA determines it is still appropriate to
delete the 200 Presidential Way parcel of the Site, the Regional
Administrator will publish a final Notice of Partial Deletion in the
Federal Register. Public notices, public submissions and copies of the
Responsiveness Summary, if prepared, will be made available to
interested parties and included in the site information repositories
listed above.
    Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion of a site from the NPL does not in any way alter
EPA's right to take enforcement actions, as appropriate. The NPL is
designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The EPA placed copies of documents supporting the proposed partial
deletion in the deletion docket. The material supports EPA's rationale
for the partial deletion of the 200 Presidential Way parcel at the
Site. This information is made available for public inspection in the
dockets identified above.
    The Site boundary and approximate location of the 200 Presidential
Way parcel are illustrated on Figure 1. The 200 Presidential Way parcel
is approximately 10.7 acres, and the specific location of the parcel is
illustrated on Figure 2. Soils and groundwater within the 200
Presidential Way parcel were included in Operable Unit 1 (OU-1) through
a Record of Decision (ROD) issued by EPA in 1986. Final groundwater
cleanup at the Industri-Plex Site was included in Operable Unit 2 (OU-
2) through a ROD issued by EPA in 2006, where the Commonwealth of
Massachusetts classified the groundwater within the 200 Presidential
Way parcel as a non-drinking water aquifer. Prior to EPA issuing a June
2018 Explanation of Significant Difference (ESD) for OU-1 which
modified the findings in the 1986 ROD pertaining to the 200
Presidential Way parcel, no remedial cleanup work had been conducted on
the 200 Presidential Way parcel. Based on information provided in
support of the 2018 ESD, EPA agreed that baseline risk assessment
calculations for the evaluated soil and groundwater exposure scenarios
do not exceed EPA's CERCLA risk management criteria, and that
residential exposure to soils on the 200 Presidential Way parcel,
residential exposure to groundwater associated with the vapor intrusion
pathway and contact risk, and construction worker exposures to soil and
groundwater were acceptable under CERCLA. Through the 2018 ESD, EPA
determined that residential use, as well as daycare and school uses
(with exposure similar to or less than residential use), of the 200
Presidential Way parcel was reasonable, and no further CERCLA
restrictions needed to apply to the parcel to allow for unrestricted
use/unrestricted exposure (UU/UE). Therefore, no CERCLA institutional
control in the form of Notice of Activity and Use Limitation to notify
future owners of CERCLA land use restrictions needs to be recorded on
the 200 Presidential Way parcel.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste,

Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Superfund, Water pollution control, Water supply.

    Authority: 33 U.S.C. 1251 et seq.

    Dated: June 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1 New England.
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[GRAPHIC] [TIFF OMITTED] TP15JY20.009

[FR Doc. 2020-13637 Filed 7-14-20; 8:45 am]
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[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Page 49921]
[FR Doc No: 2018-21461]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9984-84--Region 6]

Underground Injection Control Program; Hazardous Waste Injection
Restrictions; Petition for Exemption Reissuance--Class I Hazardous
Waste Injection; Phillips 66 Company, Borger, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a final decision on a UIC no migration petition
reissuance.

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

SUMMARY: Notice is hereby given that a reissuance of an exemption to
the Land Disposal Restrictions, under the 1984 Hazardous and Solid
Waste Amendments to the Resource Conservation and Recovery Act, has
been granted to Phillips 66 Company for a Class I hazardous waste
injection well located at their Borger, Texas refinery. The company has
adequately demonstrated to the satisfaction of the EPA by the petition
reissuance application and supporting documentation that, to a
reasonable degree of certainty, there will be no migration of hazardous
constituents from the injection zone for as long as the waste remains
hazardous. This final decision allows the underground injection by
Phillips 66 Company of the specific restricted hazardous wastes
identified in this exemption reissuance request, into Class I hazardous
waste injection well WDW-325 until April 1, 2026, unless the EPA moves
to terminate this exemption. Additional conditions included in this
final decision may be reviewed by contacting the EPA Region 6 Ground
Water/UIC Section. A public notice was issued July 13, 2018, and the
public comment period closed on August 30, 2018, and no comments were
received. This decision constitutes final Agency action and there is no
Administrative appeal. This decision may be reviewed/appealed in
compliance with the Administrative Procedure Act.

DATES: This action is applicable as of September 17, 2018.

ADDRESSES: Copies of the petition reissuance and all pertinent
information relating thereto are on file at the following location:
Environmental Protection Agency, Region 6, Water Division, Safe
Drinking Water Branch (6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-
2733.

FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief Ground Water/
UIC Section, EPA--Region 6, telephone<PHONE_NUMBER>.

    Dated: September 17, 2018.
Charles W. Maguire,
Director, Water Division.
[FR Doc. 2018-21461 Filed 10-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10920-10921]
[FR Doc No: 2023-03615]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0044; OMB No. 1660-0029]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; Request for Use of NETC Facilities

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30 Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning the removal of use of the FEMA Form FF-USFA-FY-21-108
(formerly 119-17-2), Request for Use of National Emergency Training
Center Facilities, due to its antiquated information collection method
and requirement. There is no longer a need to formally require the use
of this form in order for a requestor to receive support for special
groups using the National Emergency Training Center.

DATES: Comments must be submitted on or before March 24, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address: [email protected] or
Merril Sollenberger, Administrative Specialist, FEMA, U.S. Fire
Administration,<PHONE_NUMBER>, or at [email protected].

SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act) (42 U.S.C. 5121-5207)
authorizes the President to establish a program of disaster
preparedness that utilizes services of all appropriate agencies and
includes training and exercises. Section 611 of the Stafford Act (42
U.S.C. 5196) provides that the Federal Emergency Management Agency
(FEMA) may conduct training for the purpose of emergency preparedness.
In response, FEMA established the National Emergency Training Center
(NETC), located in Emmitsburg, Maryland. The NETC site has facilities
and housing available for those participating in preparedness training
and a request for use of these areas is required to be made in advance
for the need for such. The primary means of making advanced requests
for use of space at NETC is the use of email communication and this
typically includes the specifics for the use of NETC for date of
arrival and departure, how many participants, the requirement for
lodging to include how many people, room space required, meals
required, and equipment needed. These items that were required to be
captured by completing the Request For Use of NETC Facilities Form are
now captured within the content of the email communication. The
secondary means of making requests to use NETC space is by telephone
communication and those requirements are discussed in that manner.
    The NETC is a FEMA facility which houses all FEMA employees at
headquarters, regions, field establishments, and other individuals and
organizations authorized to use the facilities. The responsibilities,
procedures, and potential fees charged for using the NETC facilities
are identified in accordance with FEMA Directive Number 119-3, Facility
Use and Expenses at the National Emergency Training Center dated May
21, 2018. The NETC provides training and educational programs in
emergency response, preparedness, fire prevention and control, disaster
response, and long-term disaster recovery. The principal purpose of
FEMA Form FF-USFA-FY-21-107 (formerly 119-17-1), Request for Housing
Accommodations, is to request housing at the NETC, and the principal
purpose of FEMA Form FF-USFA-FY-21-108 (formerly 119-17-2), Request for
Use of NETC Facilities, is to conduct official business at the NETC.
    In accordance with the Paperwork Reduction Act of 1995, this notice
seeks comments concerning the removal of use of the FEMA Form FF-USFA-
FY-21-108 (formerly 119-17-2), Request For Use of NETC Facilities, due
to its antiquated information collection method and requirement. There
is no longer a need to formally require the use of this form in order
for a requestor to

receive support for special groups using the NETC.
    This proposed information collection previously published in the
Federal Register on November 25, 2022, at 87 FR 72497 with a 60 day
public comment period. No comments were received. The purpose of this
notice is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Approval and Coordination of Requirements to Use the NETC
Extracurricular for Training Activities.
    Type of Information Collection: Extension, with change, of a
currently approved collection.
    OMB Number: 1660-0029.
    FEMA Forms: FEMA Form FF-USFA-FY-21-107 (formerly 119-17-1),
Request for Housing Accommodations.
    Abstract: In accordance with FEMA Directive 119-3: Facility Use and
Expenses at the National Emergency Training Center dated May 21, 2018,
FEMA Form USFA-FY-21-107 (formerly 119-17-1), Request for Housing
Accommodations, has been applied for functions at NETC.
    Affected Public: Individuals or households, not-for-profit
institutions, Federal Government.
    Estimated Number of Respondents: 60.
    Estimated Number of Responses: 60.
    Estimated Total Annual Burden Hours: 6.
    Estimated Total Annual Respondent Cost: $182.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $877.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-03615 Filed 2-21-23; 8:45 am]
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[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Notices]
[Pages 37270-37271]
[FR Doc No: 2019-16274]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2622-013]

Notice Soliciting Scoping Comments: Turners Falls Hydro, LLC

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2622-013.
    c. Date filed: February 4, 2019.
    d. Applicant: Turners Falls Hydro, LLC (Turners Falls Hydro).

    e. Name of Project: Turners Falls Project.
    f. Location: On the Connecticut River, in the power canal of the
Turners Falls Hydroelectric Project No. 1889, in Franklin County,
Massachusetts. No federal lands are occupied by the project works or
located within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Michael Scarzello, Director, Eagle Creek
Renewable Energy, LLC, 65 Madison Avenue, Suite 500, Morristown, NJ
07960; Phone at<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    i. FERC Contact: Amanda Gill,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: August 24, 2019.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2622-013.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. Project Description: The Turners Falls Project consists of: (1)
An existing 10-foot-long, 20-foot-wide, 12- to 22-foot-high forebay;
(2) a 20-foot-wide, 22-foot-high trashrack with 1.5-inch clear-bar
spacing; (3) two 9.75-foot-wide, 10.3-foot-high headgates; (4) an 8.5-
foot-diameter, 50-foot-long steel penstock; (5) a 77-foot-long, 42-
foot-wide powerhouse containing one 937-kilowatt vertical Francis-type
turbine- generator unit; (6) a 50-foot-long, 10-foot-diameter draft
tube; (7) an 80-foot-long, 10-foot-wide tailrace; (8) a 280-foot-long,
2.3-kilovolt generator lead line that connects the generator to a step-
up transformer; (9) and appurtenant facilities.
    When generating, the project withdraws up to 289 cubic feet per
second from FirstLight Hydro Generating Company's (FirstLight) power
canal for the Turners Falls Hydroelectric Project No. 1889, and
discharges directly into the Connecticut River. Turners Falls Hydro
coordinates project operation with FirstLight via an off-license Water
Use Agreement, which allows Turners Falls Hydro to generate only when
flows within the power canal are greater than 15,000 cubic feet per
second (cfs) and the needs of FirstLight's Turners Falls Hydroelectric
Project No. 1889 are met. When operating the project, Turners Falls
Hydro uses the 289-cfs maximum hydraulic capacity of the turbine for
hydroelectric generation and does not fluctuate its water use. The
average annual generation of the project is approximately 1,512
megawatt-hours.
    Turners Falls Hydro proposes to operate the project either: (1) On
a continuous basis between the project's minimum and maximum hydraulic
capacities (60 cfs and 289 cfs, respectively), without the operating
constraints of the off-license Water Use Agreement with FirstLight; (2)
pursuant to the same provisions of the existing Water Use Agreement
with FirstLight; or (3) pursuant to a modified Water Use Agreement with
FirstLight.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is available for inspection and
reproduction at the Montague Public Library, Carnegie Library Branch
located at 201 Avenue A, Turners Falls, MA 01376.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process.
    Commission staff intend to prepare a single Environmental
Assessment (EA) for the project in accordance with the National
Environmental Policy Act. The EA will consider both site-specific and
cumulative environmental impacts and reasonable alternatives to the
proposed action.
    At this time, we do not anticipate holding on-site public or agency
scoping meetings. Instead, we are soliciting your comments and
suggestions on the preliminary list of issues and alternatives to be
addressed in the EA, as described in scoping document 1 (SD1), issued
July 25, 2019.
    Copies of the SD1 outlining the subject areas to be addressed in
the EA were distributed to the parties on the Commission's mailing list
and the applicant's distribution list. Copies of SD1 may be viewed on
the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, call 1-866-208-3676 or
for TTY,<PHONE_NUMBER>.

    Dated: July 25, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-16274 Filed 7-30-19; 8:45 am]
 BILLING CODE 6717-01-P