[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]
[Page 57390-57393]
[DOCID:fr21se10-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0289-201018(a); FRL-9203-9]

Approval and Promulgation of Implementation Plans; Alabama:
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
Alabama State Implementation Plan (SIP) submitted by the Alabama
Department of Environmental Management (ADEM) on March 3, 2010. The
revision modifies the definition of ``volatile organic compounds''
(VOCs) found at Alabama Administrative Code (AAC) section 335-3-
1-.02(gggg). Specifically, the revision adds two compounds (propylene
carbonate and dimethyl carbonate) to the list of those excluded from
the VOC definition on the basis that these compounds make a negligible
contribution to tropospheric ozone formation. ADEM is updating its SIP
to be consistent with the EPA rule finalized on January 21, 2009, which
excludes these compounds from the regulatory VOC definition. This
action is being taken pursuant to Section 110 of the Clean Air Act
(CAA).

DATES: This rule is effective on November 22, 2010 without further
notice, unless EPA receives relevant adverse comment by October 21,
2010. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0289, by one of the following methods:

    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2010-0289,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2010-0289.'' 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 through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Zuri Farngalo may be reached
by phone at<PHONE_NUMBER> or by electronic mail address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOCs and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA limits the amount of VOCs and
NOX that can be released into the atmosphere. VOCs are those
compounds of carbon (excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, and ammonium carbonate)
that form ozone through atmospheric photochemical reactions. Compounds
of carbon (or organic compounds) have different levels of reactivity;
they do not react at the same speed, or do not form ozone to the same
extent.
    It has been EPA's policy that compounds of carbon with negligible
reactivity need not be regulated to reduce ozone. See 42 FR 35314, July
8, 1977. EPA determines whether a given carbon compound has
``negligible'' reactivity by comparing the compound's reactivity to the
reactivity of ethane. EPA lists these compounds in its regulations at
40 CFR 51.100(s) and excludes them from the definition of VOC. The
chemicals on this list are often called ``negligibly reactive.'' EPA
may periodically revise the list of negligibly reactive compounds to
add or delete compounds.
    On January 21, 2009, EPA issued a final rule approving the addition
of propylene carbonate and dimethyl carbonate to the list of those
compounds excluded from the regulatory definition of VOC. See 74 FR
3437. ADEM is updating its SIP to be consistent with Federal
regulations.

II. Analysis of the State's Submittal

    On March 3, 2010, ADEM submitted a proposed SIP revision to EPA for
review and approval. The revision modifies the definition of VOCs found
at AAC section 335-3-1-.02(gggg). Specifically, the revision adds two
compounds (propylene and dimethyl carbonate) to the list of those
excluded from the VOC definition on the basis that these compounds make
a negligible contribution to tropospheric ozone formation.
    EPA is approving revisions to the Alabama SIP submitted on March 3,
2010. This action amends Rule 335-3-1-.02(gggg) to update the
definition of VOC to be consistent with EPA regulations. These changes
are consistent with the CAA, 42 U.S.C. 7401 et seq.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision
to the Alabama SIP revising the VOC definition. EPA has evaluated
Alabama's March 3, 2010 submittal and has determined that it meets the
applicable requirements of the CAA and EPA regulations and is
consistent with EPA policy. EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
November 22, 2010 without further notice unless the Agency receives
adverse comments by October 21, 2010. If the EPA receives such
comments, then EPA will publish a document withdrawing the final rule
and informing the public that the rule

will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period. Parties interested in
commenting should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on November 22,
2010 and no further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 22, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See CAA Sec.  307(b)(2), 42 U.S.C.
7607(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-1-.02'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/Subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                       Chapter 335-3-1 General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 335-3-1-.02..............  Definitions........        03/30/10  09/21/10 [Insert     Exclusion of
                                                                         citation of          propylene
                                                                         publication].        carbonate and
                                                                                dimethyl carbonate
                                                                                from VOC
                                                                                definition.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2010-23534 Filed 9-20-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30576-30577]
[DOCID:fr01jn07-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-200-174]

CenterPoint Energy Gas Transmission Company; Notice of Negotiated
Rate Filing

May 25, 2007.
    Take notice that on May 23, 2007, CenterPoint Energy Gas
Transmission Company (CEGT) tendered for filing and approval a
negotiated rate agreement between CEGT and Petrohawk Energy
Corporation.
    CEGT states that it has entered into an agreement to provide firm
transportation service to this shipper under Rate Schedule FT and
requests the Commission accept and approve the transaction under which
transportation service will commence upon the ``in-

service'' date following completion of certain Line CP facilities.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10541 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

REPORTS ON SIGNIFICANT AIRLINE SERVICE REDUCTIONS	)

)

)

)

)

Docket OST-01-10711

NOTICE OF DELTA AIR LINES, INC.

Communications with respect to this document should be sent to:

D. Scott Yohe

Senior Vice President -

  Government Affairs

DELTA AIR LINES, INC.

1275 K Street, N.W.

Washington, D.C.  20005

(202) 216-0700

W. Paul Zampol

General Attorney

J. Scott McClain

Attorney

DELTA AIR LINES, INC.

Law Department #981

1030 Delta Boulevard

Atlanta, GA  30320

(404) 773-6514

October 3, 2001

	Robert E. Cohn

Alexander Van der Bellen

Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037-1128

(202) 663-8060

Counsel for

DELTA AIR LINES, INC.

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

REPORTS ON SIGNIFICANT AIRLINE SERVICE REDUCTIONS	)

)

)

)

)

Docket OST-01-10711

DATE:	October 3, 2001

NOTICE OF DELTA AIR LINES, INC.

	 Pursuant to Order 2001-9-20, issued September 27, 2001, Delta Air Lines, Inc. ("Delta") hereby gives notice of the following service reductions implemented by Delta between September 11, 2001, and October 1, 2001:

	Effective October 1, 2001, Delta implemented the following service reductions which, based upon available information, involved termination of the last nonstop service offered by any carrier on the following routes:

ROUTE	DAILY FLIGHTS REDUCED

DAILY SEATS REDUCED

Cincinnati (CVG) -San Juan (SJU) 	1 	180

San Juan (SJU) - Cincinnati (CVG)	1	180

Salt Lake City (SLC) - Detroit (DTW)	2	256

Detroit (DTW) -  Salt Lake City (SLC)	2	256

Richmond (RIC) - Norfolk (ORF)	1	149

	Based upon available information, none of the service  changes that Delta implemented between September 11 and October 1, 2001,  terminated all scheduled service by an airline to any U.S. community or reduced by 33% or more the total available seats or flights linking a community to FAA-designated hubs.

	Respectfully submitted,

J. Scott McClain

Attorney

DELTA AIR LINES, INC.

Law Department #981

1030 Delta Boulevard

Atlanta, GA  30320

(404) 773-6514

Counsel for

DELTA AIR LINES, INC.

Footnote continued from previous page

Footnote continued on next page

Notice of Delta Air Lines, Inc.

Page  page  3


[Federal Register: February 6, 2006 (Volume 71, Number 24)]
[Notices]
[Page 6122-6123]
[DOCID:fr06fe06-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53188; File No. SR-Phlx-2005-70]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to the Deletion of
Phlx Rule 454, ``Limitations on Members'' Trading Because of Options,
etc.''

January 30, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 9, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Phlx. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to delete Phlx Rule 454, ``Limitations on
Members'' Trading Because of Options, etc.'' The text of Phlx Rule 454
is set forth below, with [brackets] indicating its proposed deletion.
[Rule 454. Limitations on Members' Trading Because of Options, etc.
    No member, while on the floor, shall initiate the purchase or sale
on the Exchange for his own account or for any account in which he, or
the organization of which he is a partner or officer, or any partner or
officer of such organization, is directly or indirectly interested, of
any security in which he holds or has granted any put, call, straddle
or option, or in which he has knowledge that the organization of which
he is a partner or officer, or any partner or officer of such
organization holds or has granted any put, call, straddle or option,
unless such put, call, straddle or option position is in an exchange-
traded option issued by the Options Clearing Corporation and is
immediately reported to the Exchange.
* * * Supplementary Material: * * *
    .01 A member who issues a commitment to trade from the Exchange
through ITS or any other Application of the System shall, as a
consequence thereof, be deemed to be initiating a purchase or a sale of
a security on the Exchange as referred to in this Rule.]
* * * * *

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

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

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

1. Purpose
    Phlx Rule 454 prohibits a member on the floor from initiating the
purchase or sale of stock on the Exchange for his own or a related
account if he or a related account holds or has granted an option on
it. According to a 1976 Commission approval order, Phlx Rule 454 was
originally adopted at the urging of the Commission in 1935 for the
purpose of deterring options-related manipulation of underlying stocks
by specialists, odd-lot dealers, and floor traders.\3\ The rule change
approved by this 1976 approval order carved out Options Clearing
Corporation (``OCC'')-issued options from the coverage of the rule. The
approval order stated that because the Phlx's share of the total market
volume in securities for which options trading would be permitted by
the proposed rule change averaged less than 1.7 percent, the
manipulative potential inherent in changing the restrictions appeared
insignificant.\4\
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    \3\ See Securities Exchange Act Release No. 13016 (November 29,
1976), 41 FR 53383 (December 6, 1976) (order approving File No. SR-
Phlx-76-15).
    \4\ Id.
---------------------------------------------------------------------------

    The Exchange is now proposing to delete Phlx Rule 454 in its
entirety because the Phlx believes that the likelihood that any
options-related manipulation of an underlying stock could occur through
an equities trade initiated on the Phlx floor is extremely remote. The
Exchange believes that the costs of manipulating the price of a
security to produce a gain in a pre-established options position would
outweigh the benefits due to the capital that would be required to
manipulate the price of a security in the National Market System today.
The Exchange notes that it is required to take into account the
consolidated national best bid and offer quotations of the National
Market System. As such, any attempt to manipulate the price of a
security would involve moving the price not only on the Phlx but on
other exchanges as well. The Phlx believes that even in less liquid
securities this seems unlikely, and there are other rules and
mechanisms to capture such activity. As with the 1976 proposed rule
change, the Phlx believes that the manipulative potential inherent in
eliminating Phlx Rule 454's restrictions appears insignificant. The
Exchange notes that it has found no comparable rule for Nasdaq market
makers, who can have over-the-counter or ``OTC'' (non-OCC-issued, non-
exchange traded) options on either Nasdaq or listed stocks.
Furthermore, Phlx Rule 454 does not in any event prohibit the Phlx
member from buying stock first, prior to obtaining an OTC option on it.
Thus, the Exchange believes that the rule is of little real usefulness
and therefore unnecessarily restricts its floor members from engaging
in productive business on the floor of the Exchange.\5\
---------------------------------------------------------------------------

    \5\ Note that Phlx Rule 213, ``Puts and Calls,'' will continue
to apply to Phlx specialists. Phlx Rule 213 provides that ``[n]o
specialist, no organization of which he is a partner or officer and
no partner or officer of such organization shall acquire, hold or
grant, directly or indirectly, any interest in any put, call,
straddle, or option in any security in which such specialist is
registered by the Exchange, unless such put, call, straddle or
option position is in any exchange-traded option issued by the
Options Clearing Corporation and is immediately reported to the
Exchange.''
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\6\ in general, and furthers the objectives of section
6(b)(5) of the Act,\7\ in particular, in that it eliminates an outdated
prohibition which imposes an unnecessary burden on floor members and
serves no real useful purpose. The Phlx believes that lifting the
prohibition should result in enhanced market depth and liquidity, which
should benefit investors.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).

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

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

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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which Phlx consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2005-70 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR--Phlx-2005-70. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2005-70 and should be submitted on or before
February 27, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-1538 Filed 2-3-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23175-23180]
[FR Doc No: 2016-08913]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9945-13-Region 1]

Air Plan Approval; Rhode Island; Infrastructure State
Implementation Plan Requirements for Particle Matter, Ozone, Lead,
Nitrogen Dioxide and Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most
elements of State Implementation Plan (SIP) submissions from Rhode
Island regarding the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 1997 fine particle matter (PM2.5), 2006
PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide
(NO2), and 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards (NAAQS). Additionally, EPA is
disapproving the submissions with respect to CAA section 110(a)(2)(H),
for which a Federal Implementation Plan has been in place for this
requirement since 1973. EPA is also correcting an earlier approval of
this element for the 1997 8-hour ozone NAAQS infrastructure
requirements. Finally, EPA is approving several statutes submitted by
Rhode Island in support of their demonstration that the infrastructure
requirements of the CAA have been met. Lastly, EPA is conditionally
approving certain elements of Rhode Island's submittal relating to
Prevention of Significant Deterioration (PSD) requirements.

DATES: This rule is effective on May 20, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket
are listed on the http://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publicly
available. 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 at http://www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912;<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the
State of Rhode Island for the 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. The state submitted these infrastructure SIPs on
the following dates: 1997 PM2.5--September 10, 2008; 2006
PM2.5--November 6, 2009; 2008 Pb--October 26, 2011; 2008
ozone--January 2, 2013; 2010 NO2--January 2, 2013; and 2010
SO2--June 27, 2014. Details of Rhode Island's submittals and
EPA evaluation of those submittals can be found in our Notice of
Proposed Rulemaking (NPR) (81 FR 10168; February 29, 2016).
    EPA is approving most of the elements of the above submittals
(details can be found below). Additionally, EPA is disapproving the
submissions with respect to CAA section 110(a)(2)(H). For this element,
a Federal Implementation Plan has been in place for this requirement
since 1973, such that no further action is required by EPA or Rhode
Island. EPA is also, under section 110(k)(6) of the Act, correcting an
earlier approval of this element for the 1997 8-hour ozone NAAQS
infrastructure requirements. The correction changes our prior approval
of element H for the 1997 ozone NAAQS infrastructure requirements to a
disapproval. As stated above, a FIP is already in place, so no further
action is required by EPA or Rhode Island. Furthermore, EPA is
approving into the Rhode Island SIP several statutes submitted by Rhode
Island in support of their demonstration that the infrastructure
requirements of the CAA have been met. Also, we are conditionally
approving certain elements of Rhode Island's submittal relating to the
PSD requirements.
    In addition, EPA is removing the following sections from the Code
of Federal Regulations (CFR): 40 CFR 52.2073(a); 52.2074(a) and (b);
52.2075(a); 52.2078(a); and 52.2079. These sections are no longer
necessary for the reasons outlined in the NPR. Finally, although the
NPR also proposed removal of 40 CFR 52.2073(b), 52.2075(b), and
52.2078(b), we are not taking final action with respect to these
sections today.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is approving SIP submissions from Rhode Island certifying that
the state's current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and (2) of the Act for
the 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS, with the exception
of certain aspects relating to the state's PSD program which we are
conditionally approving. Additionally, EPA is disapproving the
submissions with respect to CAA section 110(a)(2)(H). EPA is also
correcting an earlier approval of this element for the 1997 8-hour
ozone NAAQS infrastructure requirements. The corrective action is taken
under section 110(k)(6) of the Act. The correction changes our prior
approval of element H for the 1997 ozone infrastructure requirement to
a disapproval of element H. Finally, we are conditionally approving
certain elements of Rhode Island's submittals relating to the PSD
requirements.
    Specifically, EPA's actions for each infrastructure SIP requirement
are shown in Table 1.

             Table 1--EPA's Action on Rhode Island's Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                1997 PM2.5    2006 PM2.5
           Element               2008 Pb     2008 ozone     2010 NO2      2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and                A             A             A             A             A             A
 other control measures.....
(B): Ambient air quality                A             A             A             A             A             A
 monitoring and data system.
(C)1: Enforcement of SIP                A             A             A             A             A             A
 measures...................
(C)2: PSD program for major            A*            A*            A*            A*            A*            A*
 sources and major
 modifications..............
(C)3: PSD program for minor             A             A             A             A             A             A
 sources and minor
 modifications..............
(D)1: Contribute to                     A            NI            NI            NI            NI            NT
 nonattainment/interfere
 with maintenance of NAAQS..
(D)2: PSD...................           A*            A*            A*            A*            A*            A*
(D)3: Visibility Protection.            A             A             A             A             A             A
(D)4: Interstate Pollution              A             A             A             A             A             A
 Abatement..................
(D)5: International                     A             A             A             A             A             A
 Pollution Abatement........
(E): Adequate resources.....            A             A             A             A             A             A
(E): State boards...........            A             A             A             A             A             A
(E): Necessary assurances              NA            NA            NA            NA            NA            NA
 with respect to local
 agencies...................
(F): Stationary source                  A             A             A             A             A             A
 monitoring system..........
(G): Emergency power........            A             A             A             A             A             A
(H): Future SIP revisions...            D             D             D             D             D             D
(I): Nonattainment area plan            +             +             +             +             +             +
 or plan revisions under
 part D.....................
(J)1: Consultation with                 A             A             A             A             A             A
 government officials.......

(J)2: Public notification...            A             A             A             A             A             A
(J)3: PSD...................           A*            A*            A*            A*            A*            A*
(J)4: Visibility protection.            +             +             +             +             +             +
(K): Air quality modeling               A             A             A             A             A             A
 and data...................
(L): Permitting fees........            A             A             A             A             A             A
(M): Consultation and                   A             A             A             A             A             A
 participation by affected
 local entities.............
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:
A* Approve
A Approve, but conditionally approve aspect of PSD program relating to
the identification of NOX as a precursor for ozone and
addressing the changes made to 40 CFR part 51.116 in EPA's October 20,
2010 rulemaking (75 FR 64864) concerning emissions of fine particulate.
D Disapprove, but no further action required because federal
regulations already in place.
+ Not germane to infrastructure SIPs.
NI Not included in the September 10, 2008
(PM2.5), January 2, 2013 (ozone and
NO2), and May 30, 2013 (SO2) submittals which are
the subject of today's action.
NT Not taking action in today's action.
NS No Submittal.
NA Not applicable.
    In addition, we are incorporating into the Rhode Island SIP the
following Rhode Island statutes which were included for approval in
Rhode Island's infrastructure SIP submittals: (1) Rhode Island General
Laws, Title 23--Health and Safety, Chapter 23-23--Air Pollution,
Section 23-23-5--Powers and duty of the director., and Section 23-23-
16--Emergencies.; (2) Rhode Island General Laws, Title 23--Health and
Safety, Chapter 23-23.1--Air Pollution Episode Control, Section 23-
23.1-5--Proclamations of episodes and issuance of orders.; and (3)
Rhode Island General Laws, Title 36--Public Officers and Employees,
Chapter 36-14--Code of Ethics, Sections 36-14-1 through 36-14-7.
    Furthermore, EPA is removing the following sections from the CFR:
40 CFR 52.2073(a); 52.2074(a) and (b); 52.2075(a); 52.2078(a); and
52.2079. These sections are no longer necessary for the reasons
outlined in the NPR.
    As noted in Table 1, EPA is conditionally approving aspects of
Rhode Island's SIP submittals pertaining to the state's PSD program.
The outstanding issue with the PSD program concerns adding
NOX as a precursor for ozone, and addressing the changes
made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR
64864) concerning emissions of fine particulate. Rhode Island must
submit to EPA by April 20, 2017, these revisions to its PSD program. If
Rhode Island fails to do so, this approval will become a disapproval on
that date. EPA will notify RI DEM by letter that this action has
occurred. At that time, this commitment will no longer be a part of the
approved Rhode Island SIP. EPA subsequently will publish a notice in
the notice section of the Federal Register notifying the public that
the conditional approval automatically converted to a disapproval. If
the state meets its commitment within the applicable timeframe, the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving the new submittal. If
EPA disapproves the new submittal, the conditionally approved aspect of
Rhode Island's PSD program will also be disapproved at that time. If
EPA approves the revised PSD program submittal, then the portions of
Rhode Island's infrastructure SIP submittals that were conditionally
approved will be fully approved in their entirety and replace the
conditional approval in the SIP. In addition, final disapproval of an
infrastructure SIP submittal triggers the Federal Implementation Plan
(FIP) requirement under section 110(c).

IV. Incorporation by Reference

    In this rulemaking, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of:
(1) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23-
23--Air Pollution, Section 23-23-5--Powers and duty of the director.,
and Section 23-23-16--Emergencies.; (2) Rhode Island General Laws,
Title 23--Health and Safety, Chapter 23-23.1--Air Pollution Episode
Control, Section 23-23.1-5--Proclamations of episodes and issuance of
orders.; and (3) Rhode Island General Laws, Title 36--Public Officers
and Employees, Chapter 36-14--Code of Ethics, Sections 36-14-1 through
36-14-7. These are described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available through http://www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 20, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: April 7, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070, Tables (c) and (e) are amended by adding new state
citations to the end of the tables to read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                          EPA-Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                      Title/subject                   State effective date           EPA approval date         Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Rhode Island General Laws, Title     Air Pollution....................  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 23-23-5--
 23, Chapter 23-23.                                                                                Federal Register        Powers and duty of
                                                                                citation].              director.
                                                                                Section 23-23-16--
                                                                                Emergencies.
Rhode Island General Laws, Title     Air Pollution Episode Control....  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 23-23.1-5--
 23, Chapter 23-23.1.                                                                                Federal Register        Proclamations of
                                                                                citation].              episodes and
                                                                                issuances of orders.
Rhode Island General Laws, Title     Code of Ethics...................  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 36-14-1--
 36, Chapter 36-14.                                                                                Federal Register        Declaration of
                                                                                citation].              policy.
                                                                                Section 36-14-2--
                                                                                Definitions.
                                                                                Section 36-14-3--Code
                                                                                of ethics.
                                                                                Section 36-14-4--
                                                                                Persons subject to
                                                                                the code of ethics.
                                                                                Section 36-14-5--
                                                                                Prohibited
                                                                                activities.
                                                                                Section 36-14-6--
                                                                                Statement of
                                                                                conflict of
                                                                                interest.
                                                                                Section 36-14-7--
                                                                                Interest in conflict
                                                                                with discharge of
                                                                                duties.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval.

* * * * *
    (e) Nonregulatory.

                                                               Rhode Island Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Name of non regulatory SIP           Applicable geographic or        State submittal date/effective
             provision                       nonattainment area                        date                   EPA approved date         Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Infrastructure SIP for the 2008      Statewide........................  Submitted 1/2/2013...............  4/20/2016 [Insert       Approved submittal,
 Ozone NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 2008      Statewide........................  Submitted 10/26/2011.............  4/20/2016 [Insert       Approved submittal,
 Lead NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 2010 NO2  Statewide........................  Submitted 1/2/2013...............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 1997      Statewide........................  Submitted 9/10/2008..............  4/20/2016 [Insert       Approved submittal,
 PM2.5 NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for 2006 PM2.5    Statewide........................  Submitted 11/6/2009..............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for 2010 SO2      Statewide........................  Submitted 6/27/2014..............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                Federal Register        except for certain
                                                                                citation].              aspects related to
                                                                                PSD which were
                                                                                conditionally
                                                                                approved and element
                                                                                (H) which was
                                                                                disapproved. See
                                                                                52.2077.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  52.2073  [Amended]

0
3. Section 52.2073 is amended by removing and reserving paragraph (a).

Sec.  52.2074  [Amended]

0
4. Section 52.2074 is amended by removing and reserving paragraphs (a)
and (b).

Sec.  52.2075  [Amended]

0
5. Section 52.2075 is amended by removing and reserving paragraph (a).
0
6. Section 52.2077 is added to read as follows:

Sec.  52.2077  Identification of plan--conditional approvals and
disapprovals.

    (a) Conditional approvals. (1) 2008 Ozone National Ambient Air
Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted
on January 2, 2013, is conditionally approved for Clean Air Act
sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates
to the aspect of the Prevention of Significant Deterioration (PSD)
program pertaining to adding NOX as a precursor for ozone,
and addressing the changes made to 40 CFR part 51.116 in the October
20, 2010 rulemaking (75 FR 64864) concerning emissions of fine
particulate. On February 18, 2016, the State of Rhode Island
supplemented this submittal with a commitment to address these
requirements for PSD.
    (2) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
October 26, 2011, is conditionally approved for Clean Air Act sections
110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the
aspect of the PSD program pertaining to adding NOX as a
precursor for ozone, and addressing the changes made to 40 CFR part
51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning
emissions of fine particulate. On February 18, 2016, the State of Rhode
Island supplemented this submittal with a commitment to address these
requirements for PSD.
    (3) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on January 2, 2013, is conditionally approved for Clean Air
Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it
relates to the aspect of the PSD program pertaining to adding
NOX as a precursor for ozone, and addressing the changes
made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR
64864) concerning emissions of fine particulate. On February 18, 2016,
the State of Rhode Island supplemented this submittal with a commitment
to address these requirements for PSD.
    (4) 1997 fine particulate (PM2.5) NAAQS: The 110(a)(2)
infrastructure SIP submitted on September 10, 2008, is conditionally
approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and
(J)(iii) only as it relates to the aspect of the PSD program pertaining
to adding NOX as a precursor for ozone, and addressing the
changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking
(75 FR 64864) concerning emissions of fine particulate. On February 18,
2016, the State of Rhode Island supplemented this submittal with a
commitment to address these requirements for PSD.
    (5) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on

November 6, 2009, is conditionally approved for Clean Air Act sections
110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the
aspect of the PSD program pertaining to providing adding NOX
as a precursor for ozone, and addressing the changes made to 40 CFR
part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning
emissions of fine particulate. On February 18, 2016, the State of Rhode
Island supplemented this submittal with a commitment to address these
requirements for PSD.
    (b) Disapprovals. (1) 1997 Ozone NAAQS: The 110(a)(2)
infrastructure SIP submitted on December 14, 2007, is disapproved for
Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is
already in place at 40 CFR 52.2080.
    (2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on
January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H).
A Federal Implantation Plan is already in place at 40 CFR 52.2080.
    (3) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
October 26, 2011, is disapproved for Clean Air Act element
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR
52.2080.
    (4) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on January 2, 2013, is disapproved for Clean Air Act element
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR
52.2080.
    (5) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on September 10, 2008, is disapproved for Clean Air Act
element 110(a)(2)(H). A Federal Implantation Plan is already in place
at 40 CFR 52.2080.
    (6) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on November 6, 2009, is disapproved for Clean Air Act element
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR
52.2080.

Sec.  52.2078  [Amended]

0
7. Section 52.2078 is amended by removing and reserving paragraph (a).

Sec.  52.2079  [Removed and Reserved]

0
8. Section 52.2079 is removed and reserved.

[FR Doc. 2016-08913 Filed 4-19-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Notices]
[Page 57050]
[DOCID:fr17se10-117]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1928-DR; Docket ID FEMA-2010-0002]

Iowa; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1928-DR), dated July 27, 2010, and related
determinations.

DATES: Effective Date: September 7, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Michael R.
Scott, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Thomas A. Hall as Federal
Coordinating Officer for this disaster.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-23271 Filed 9-16-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Page 72619]
[FR Doc No: 2011-30328]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 524

[Docket No. FDA-2011-N-0003]

Ophthalmic and Topical Dosage Form New Animal Drugs; Eprinomectin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA) filed by Merial Ltd. The supplemental NADA provides
for addition of a warning statement against the use of eprinomectin
topical solution in preruminating calves intended for veal.

DATES: This rule is effective November 25, 2011.

FOR FURTHER INFORMATION CONTACT:  Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Merial Ltd., 3239 Satellite Blvd., Bldg.
500, Duluth, GA 30096-4640 filed a supplement to NADA 141-079 for
EPRINEX (eprinomectin) Pour-On for Beef and Dairy Cattle, a topical
solution used for the treatment and control of internal and external
parasites of cattle on pasture with persistent effectiveness. The
supplemental NADA provides for addition of a warning statement against
the use of eprinomectin topical solution in preruminating calves
intended for veal. The NADA is approved as of September 23, 2011, and
the regulations are amended in 21 CFR part 524 to reflect the approval.
    Approval of this supplemental NADA did not require review of
additional safety or effectiveness data or information. Therefore, a
freedom of information summary is not required.
    The Agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 524

    Animal drugs.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 524 is
amended as follows:

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. Revise Sec.  524.814 to read as follows:

Sec.  524.814  Eprinomectin.

    (a) Specifications. Each milliliter (mL) contains 5 milligrams (mg)
of eprinomectin.
    (b) Sponsor. See No. 050604 in Sec.  510.600(c) of this chapter.
    (c) Related tolerances. See Sec.  556.227 of this chapter.
    (d) Special considerations. See Sec.  500.25 of this chapter.
    (e) Conditions of use in cattle--(1) Amount. Apply 5 mg (1 mL) per
10 kilograms (kg) of body weight (500 micrograms/kg) applied topically
along backbone from withers to tailhead.
    (2) Indications for use. For treatment and control of
gastrointestinal roundworms (Haemonchus placei (adult and L4),
Ostertagia ostertagi (adult and L4, including inhibited L4),
Trichostrongylus axei (adult and L4), T. colubriformis (adult and L4),
T. longispicularis (adult), Cooperia oncophora (adult and L4), C.
punctata (adult and L4), C. surnabada (adult and L4), Nematodirus
helvetianus (adult and L4), Bunostomum phlebotomum (adult and L4),
Oesophagostomum radiatum (adult and L4), Strongyloides papillosus
(adults), Trichuris spp. (adults)); lungworms (Dictyocaulus viviparus,
adult and L4); cattle grubs (all parasitic stages Hypoderma lineatum,
H. bovis); lice (Damalinia bovis, Linognathus vituli, Haematopinus
eurysternus, Solenopotes capillatus); mange mites (Chorioptes bovis,
Sarcoptes scabiei); and horn flies (Haematobia irritans). Controls and
protects from reinfection of D. viviparus for 21 days after treatment
and H. irritans for 7 days after treatment.
    (3) Limitations. A withdrawal period has not been established for
preruminating calves. Do not use in calves to be processed for veal.

    Dated: November 18, 2011.
Steven D. Vaughn,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 2011-30328 Filed 11-23-11; 8:45 am]
BILLING CODE 4160-01-P


8699 Federal Register / Vol. 65, No. 35 / Tuesday, February 22, 2000 / Notices 1,817 feet msl; ( 3) a 11 foot diameter, 26,123 foot long concrete tunnel; ( 4) a powerhouse containing two generating units with a total installed capacity of 45 MW; and ( 5) other appurtenances. m. Each application for a new license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for license for this project must be filed by February 28, 2003.

David P. Boergers, Secretary. [ FR Doc. 00   4091 Filed 2   18   00; 8: 45 am]

BILLING CODE 6717   01   M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Project No. 184]

El Dorado Irrigation District; Notice of Meeting Cancellation February 15, 2000. The meeting scheduled for February 22, 2000, at 9: 30 a. m. in Placerville, California announced by notice issued February 7, 2000, has been canceled. If the Commission's staff schedule to attend a public District's meeting in the future, appropriate notice will be issued.

David P. Boergers, Secretary. [ FR Doc. 00   4092 Filed 2   18   00; 8: 45 am]

BILLING CODE 6717   01   M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket No. RP97   431   000]

Natural Gas Pipeline Company of America; Notice of Rescheduling of Conference February 15, 2000. Take notice that the conference in the above captioned proceeding has been rescheduled for Thursday, March 2, 2000, beginning at 10: 00 am, in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE, Washington DC 20426. All interested parties are permitted to attend.

David P. Boergers, Secretary. [ FR Doc. 00   4088 Filed 2   18   00; 8: 45 am]

BILLING CODE 6717   01   M ENVIRONMENTAL PROTECTION AGENCY [ FRL   6540   5]

Agency Information Collection Activities: Continuing Collection; Comment Request; Land Disposal Restrictions No Migration Variances AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that EPA is planning to submit the following continuing Information Collection Request ( ICR) to the Office of Management and Budget ( OMB): Land Disposal Restrictions No Migration Variances, EPA ICR Number 1353, OMB Control Number 2050   0062, current expiration date May 31, 2000. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before April 24, 2000. ADDRESSES: Commenters must send an original and two copies of their comments referencing docket number F   2000 NVIP FFFFF to: ( 1) if using regular US Postal Service mail: RCRA Docket Information Center, Office of Solid Waste ( 5305G), U. S. Environmental Protection Agency Headquarters ( EPA, HQ), 1200 Pennsylvania Avenue, NW, Washington, DC 20460   0002, or ( 2) if using special delivery, such as overnight express service: RCRA Docket Information Center ( RIC), Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor, Arlington, VA 22202. Comments may also be submitted electronically through the Internet to: rcra docket@ epa. gov. Comments in electronic format should also be identified by the docket number F   2000 NVIP FFFFF and must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Commenters should not submit electronically any confidential business information ( CBI). An original and two copies of CBI must be submitted under separate cover to: RCRA CBI Document Control Officer, Office of Solid Waste ( 5305W), U. S. EPA, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460   0002. Public comments and supporting materials are available for viewing in the RCRA Information Center ( RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9 a. m. to 4 p. m., Monday through Friday, excluding federal holidays. To review docket materials, it is recommended that the public make an appointment by calling 703 603   9230. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $ 0.15/ page. The index and some supporting materials are available electronically. See the `` Supplementary Information'' section for information on accessing them. The ICR is available on the Internet at http:// www. epa. gov/ epaoswer/ hazwaste/ ldr/ icr/ nomigvar. htm The official record for this action will be kept in paper form. Accordingly, EPA will transfer all comments received electronically into paper form and place them in the official record, which will also include all comments submitted directly in writing. EPA responses to comments, whether the comments are written or electronic, will be in a notice in the Federal Register. EPA will not immediately reply to commenters electronically other than to seek clarification of electronic comments that may be garbled in transmission or during conversion to paper form, as discussed above. FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA Hotline at 800   424   9346 or TDD 800   553   7672 ( hearing impaired). In the Washington, DC, metropolitan area, call 703   412   9810 or TDD 703 412   3323. For more detailed information on specific aspects of this rulemaking, contact David Eberly, Office of Solid Waste, 5303W, U. S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460   0002, by phone at 703   308 8645, or by e mail at eberly. david@ epamail. epa. gov.

SUPPLEMENTARY INFORMATION:

Internet Availability Today's notice and the supporting documents that detail the No Migration Regulations ICR are available on the Internet. Follow these instructions to access this information electronically: WWWURL: http:// www. epa. gov/ epaoswer/ hazwaste/ ldr/ icr/ nomigvar. htm FTP: ftp. epa. gov Login: anonymous Password: your Internet e mail address Path:/ pub/ epaoswer Note: The official record for this action will be kept in paper form and maintained at the address in the ADDRESSES section above. Affected entities: Entities potentially affected by this action are owners and VerDate 16< FEB> 2000 21: 07 Feb 18, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 22FEN1. SGM pfrm08 PsN: 22FEN1 8700 Federal Register / Vol. 65, No. 35 / Tuesday, February 22, 2000 / Notices operators of hazardous waste treatment, storage, and disposal facilities. Title: Land Disposal Restrictions No Migration Variances, EPA ICR Number 1353, OMB Control Number 2050   0062, current expiration date May 31, 2000. Abstract: To receive a variance from the hazardous waste land disposal prohibitions, owner/ operators of hazardous waste storage or disposal facilities may petition the Environmental Protection Agency to allow land disposal of a specific restricted waste at a specific site. The EPA Regional Offices will review the petitions and determine if they successfully demonstrate `` no migration.'' The applicant must demonstrate that hazardous wastes can be managed safely in a particular land disposal unit, so that `` no migration'' of any hazardous constituents occurs from the unit for as long as the waste remains hazardous. ( See 40 CFR 268.6.) If EPA grants the variance, the waste is no longer prohibited from land disposal in that particular unit. If the owner/ operator fails to make this demonstration, or chooses not to petition for the variance, best demonstrated available technology ( BDAT) requirements of 40 CFR 268.40 et seq must be met before the hazardous wastes are placed in a land disposal unit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA would like to solicit comments to: ( i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ( ii) 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; ( iii) Enhance the quality, utility, and clarity of the information to be collected; and ( iv) 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. Burden Statement: The Agency is estimating that no more than one respondent will prepare and submit a No Migration variance petition during the three year period of this ICR. EPA estimates that the total annual respondent burden for all information collection activities will be approximately 3,137 hours, at an annual cost of $ 187,136. The annual cost includes annual capital start up and operation and maintenance costs of approximately $ 180. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

Dated: February 14, 2000. Elizabeth A. Cotsworth, Director, Office of Solid Waste. [ FR Doc. 00   4142 Filed 2   18   00; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   6541   3]

Agency Information Collection Activities: Submission for OMB Review; Comment Request; Recordkeeping and Reporting Requirements Under EPA's Energy Star Homes Program AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this notice announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Recordkeeping and Reporting Requirements Under EPA's Energy Star Homes Program, EPA ICR No. 1879.01. The ICR describes the nature of the information collection and its expected burden and cost; where appropriate, it includes the actual data collection instrument. DATES: Comments must be submitted on or before March 23, 2000. FOR FURTHER INFORMATION CONTACT: For a copy of the ICR, contact Sandy Farmer at EPA by phone at ( 202) 260   2740, by email at farmer. sandy@ epamail. epa. gov, or download off the Internet at http:// www. epa. gov/ icr and refer to EPA ICR No. 1879.01. For technical questions about the ICR contact Glenn Chinery at ( 202) 564   9784. SUPPLEMENTARY INFORMATION: Title: Recordkeeping and Reporting Requirements Under EPA's Energy Star Homes Program; EPA ICR No. 1879.01.) This is a new collection. Abstract: This ICR covers recordkeeping and reporting activities for both participation in the Energy Star Homes Program as well as participation in a three year impact evaluation of the Energy Star Homes Program. The Energy Star Homes Program Impact Evaluation is designed to evaluate the effectiveness of the program in meeting the program's stated objectives. The evaluation will cover Energy Star Homes built during 1997   98 ( the `` first year''), 1999 ( the `` second year''), and 2000 ( the `` third year''). The evaluation consists of surveying Energy Star homebuyers, non Energy Star homebuyers ( hereafter referred to as `` Control'' homebuyers), Energy Star builder partners, energy suppliers, and Home Energy Rating System ( HERS) providers. By collecting information from these different constituents, EPA will be able to determine whether Energy Star homebuyers are satisfied with their purchase; builder partners are meeting their business objectives; and Energy Star homes are delivering the pollution prevention promised. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The Federal Register document required under 5 CFR 1320.8( d), soliciting comments on this collection of information was published on 10/ 05/ 98 ( 63 FR 53415), no comments were received. Burden Statement: The annual public reporting and recordkeeping burden for participation on the Energy Star Homes Program is estimated to be 3.7 hours per participant. The burden for the respondents participating in the Impact Evaluation is estimated to average 0.22 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.

VerDate 16< FEB> 2000 20: 35 Feb 18, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 22FEN1. SGM pfrm08 PsN: 22FEN1