[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37967-37971]
[DOCID:fr03jy06-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54043; File No. SR-NYSEArca-2006-26]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change and
Amendment No. 1 Thereto Relating to the Trading of Shares of Six
Currency Trusts Pursuant to Unlisted Trading Privileges

June 26, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that, on June 6, 2006, the NYSE Arca, Inc. (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), through
its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca
Equities'' or ``Corporation''), the proposed rule change as described
in Items I and II below, which items have been substantially prepared
by the Exchange. On June 23, 2006, the Exchange filed Amendment No. 1
to the proposed rule change.\3\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons, and is granting accelerated approval to the
proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Partial Amendment No. 1.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to NYSE Arca Equities Rule 8.202, which governs the
trading of Currency Trust Shares,\4\ the Exchange proposes to trade
pursuant to unlisted trading privileges (``UTP'') shares (``Shares'')
of the following six trusts: CurrencyShares\TM\ Australian Dollar
Trust, which issues Australian Dollar Shares; CurrencyShares\TM\)
British Pound Sterling Trust, which issues British Pound Sterling
Shares; CurrencyShares\TM\ Canadian Dollar Trust, which issues Canadian
Dollar Shares; CurrencyShares\TM\ Mexican Peso Trust, which issues
Mexican Peso Shares; CurrencyShares\TM\ Swedish Krona Trust, which
issues Swedish Krona Shares; and CurrencyShares\TM\ Swiss Franc Trust,
which issues Swiss Franc Shares (collectively, the ``Trusts'').
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    \4\ Currency Trust Shares are securities issued by a trust that
represent investors' discrete identifiable and undivided beneficial
ownership interest in the non-U.S. currency deposited into the
trust. See NYSE Arca Equities Rule 8.202 and Securities Exchange Act
Release No. 53253 (February 8, 2006), 71 FR 8029 (February 15, 2006)
(SR-PCX-2005-123) (order granting accelerated approval for the
Exchange to adopt generic listing and trading standards for Currency
Trust Shares and approving the UTP trading of shares of the Euro
Currency Trust).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change, and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, substantially 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
    As mentioned above, the Exchange proposes to trade, pursuant to UTP
and NYSE Arca Equities Rule 8.202, the Shares. Each Share represents a
proportional interest, based on the total number of Shares outstanding,
in the applicable foreign currency owned by the specific Trust, less
the estimated accrued but unpaid expenses (both asset-based and non-
asset based) of such Trust. On June 20, 2006, the Commission approved a
rule proposal by the New York Stock Exchange LLC (``NYSE'') to permit
the original listing and trading of the Shares by and on the NYSE.\5\
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    \5\ See File No. SR-NYSE-2006-35, as amended (``NYSE
Proposal''), and Securities Exchange Act Release No. 54020 (``NYSE
Order'').
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    Rydex Specialized Products LLC is the sponsor of the Trusts
(``Sponsor''),\6\ the Bank of New York is the trustee of the Trusts
(``Trustee''), JPMorgan Chase Bank, N.A., London Branch, is the
depository for the Trusts (``Depository''), and Rydex Distributors,
Inc. is the distributor for the Trusts (``Distributor''). The Sponsor,
Trustee, Depository, and Distributor are not affiliated with the
Exchange or one another, with the exception that the Sponsor and
Distributor are affiliated. The Exchange currently trades pursuant to
UTP the shares of the Euro Currency Trust, which has the same Sponsor,
Trustee, Depository and Distributor as the Trusts.\7\
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    \6\ The Sponsor, on behalf of the Trusts, filed a Form S-1 for
each Trust on March 10, 2006 (collectively, ``Registration
Statements''). See Registration No. 333-132362 for the
CurrencyShares Australian Dollar Trust, Registration No. 333-132361
for the CurrencyShares British Pound Sterling Trust, Registration
No. 333-132363 for the CurrencyShares Canadian Dollar Trust,
Registration No. 333-132367 for the CurrencyShares Mexican Peso
Trust, Registration No. 333-132366 for the CurrencyShares Swedish
Krona Trust, and Registration No. 333-132364 for the Swiss Franc
Trust.
    \7\  See Securities Exchange Act Release No. 53253, supra note
4.
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    According to the Exchange, the investment objective of each Trust
is for the Shares issued by the Trust to reflect the price of its
particular currency,\8\ less the expenses of the Trust. Each Trust's
assets will consist only of foreign currency on demand deposit in a
foreign currency-denominated, interest-bearing account at the
Depository. The Sponsor expects that the price of a Share will
fluctuate in response to fluctuations in the price of the applicable
foreign currency and that the price of a Share will reflect accumulated
interest as well as the estimated accrued but unpaid expenses of the
specific Trust.
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    \8\ The CurrencySharesTM Australian Dollar Trust
holds the Australian Dollar; the CurrencySharesTM British
Pound Sterling Trust holds the British Pound Sterling; the
CurrencySharesTM Canadian Dollar Trust holds the Canadian
Dollar; the CurrencySharesTM Mexican Peso Trust holds the
Mexican Peso; the CurrencySharesTM Swedish Krona Trust
holds the Swedish Krona; and the CurrencySharesTM Swiss
Franc Trust holds the Swiss Franc.
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a. The Shares
    A description of the currencies underlying each of the Trusts, the
foreign exchange industry, foreign currency regulation, operation of
the Trusts, and the Shares is set forth in the NYSE Proposal and the
NYSE Order. To summarize, issuances of Shares will be made only in
baskets of 50,000 Shares or multiples thereof (``Baskets''). The Trusts
will issue and redeem the Shares on a continuous basis, by or through
participants that have entered into participant agreements
(``Authorized Participants'') \9\ with the Trustee. The

creation and redemption of Baskets requires the delivery to the Trusts
or the distribution by the Trusts of the amount of foreign currency
represented by the Baskets being created or redeemed. This amount is
based on the combined net asset value (``NAV'') per Share of the number
of Shares included in the Baskets being created or redeemed, determined
on the day the order to create or redeem Baskets is properly received.
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    \9\ An ``Authorized Participant'' is a person, who at the time
of submitting to the Trustee an order to create or redeem one or
more Baskets, is a Depository Trust Company Participant that is a
registered broker-dealer or other securities market participant such
as a bank or other financial institution that is not required to
register as a broker-dealer to engage in securities transactions and
has entered into a Participant Agreement with the Sponsor and the
Trustee.
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    The Trustee will calculate, and the Sponsor will publish, each
Trust's NAV each business day.\10\ To calculate the NAV for a Trust,
the Trustee will subtract the Sponsor's accrued fee for the current day
from the foreign currency held by the Trust (including all unpaid
interest accrued through the immediately preceding day) and calculate
the value the foreign currency held by a Trust in dollars on the basis
of the day's announced Noon Buying Rate as determined by the Federal
Reserve Bank of New York.\11\ If the Noon Buying Rate is not announced
by 2 p.m. Eastern time (``ET''), the Trustee will use the most recently
announced Noon Buying Rate, unless the Trustee, in consultation with
the Sponsor, determines to apply an alternative basis for evaluation as
a result of extraordinary circumstances. The Trustee also determines
the NAV per Share, which equals the NAV of the Trusts divided by the
number of outstanding Shares. The calculation methodology for the NAV
is described in more detail in the NYSE Proposal and the NYSE Order.
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    \10\ For purposes of processing purchase and redemption orders,
a ``business day'' means any day other than a day when the NYSE is
closed for regular trading.
    \11\ According to the NYSE Proposal, the NAV will be posted on
the Trusts' Web site as soon as the valuation of the foreign
currency held by a Trust is complete (ordinarily by 2 p.m. ET).
Ordinarily, the NAV will be posted no more than 30 minutes after the
Noon Buying Rate is published by the Federal Reserve Bank of New
York. The NYSE represented in the NYSE Proposal that all market
participants will have access to this data at the same time and,
therefore, no market participant will have a time advantage in using
such data.
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    The total deposit required to create each Basket, called the
``Basket Amount,'' is an amount of foreign currency bearing the same
proportion to the number of Baskets to be created as the total assets
of a Trust (net of estimated accrued but unpaid expenses) bears to the
total number of Baskets outstanding on the date that the order to
purchase is properly received. The amount of the required deposit is
determined by dividing the number of units of foreign currency (e.g.
Australian Dollars) held by a Trust (net of estimated accrued but
unpaid expenses) by the number of Baskets outstanding. The Basket
Amount and NAV will be determined by the Trustee ``as promptly as
practicable'' after the Federal Reserve announces the Noon Buying Rate
and will be published on the Trusts' Web site on each business day.\12\
Authorized Participants that wish to purchase a Basket must transfer
the Basket Amount to a Trust in exchange for a Basket.\13\ Baskets are
then separable upon issuance into the Shares that will be traded on the
NYSE Arca Marketplace on a UTP basis.\14\
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    \12\ Ordinarily no later than 2 p.m. (ET). According to the NYSE
Proposal, the Basket Amount will be published simultaneously with
the NAV. See NYSE Proposal and NYSE Order, supra note 5.
    \13\ Before the delivery of Baskets for a purchase order or the
delivery of the redemption distribution for a redemption order, the
Authorized Participant must also have wired to the Trustee a non-
refundable transaction fee due for the order.
    \14\ Shares are separate and distinct from the underlying
foreign currency comprising the portfolio of a Trust. The Exchange
expects that the number of outstanding Shares will increase and
decrease as a result of in-kind deposits and withdrawals of the
underlying foreign currency.
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    The Shares will not be individually redeemable but will only be
redeemable in Baskets. To redeem, an Authorized Participant will be
required to accumulate enough Shares to constitute a Basket (i.e.,
50,000 Shares). Authorized Participants that wish to redeem a Basket
will receive the Basket Amount in exchange for each Basket surrendered.
The operation of the Trusts and the creation and redemption process is
described in more detail in the NYSE Proposal and the NYSE Order.
b. Dissemination of Information About the Shares and the Underlying
Foreign Currencies
    Currently, the Consolidated Tape Plan does not provide for
dissemination of the spot price of a foreign currency over the
Consolidated Tape. However, there will be disseminated over the
Consolidated Tape the last sale price for the Shares, as is the case
for all equity securities traded on the Exchange (including exchange-
traded funds). In addition, there is a considerable amount of foreign
currency price and market information available on public Web sites and
through professional and subscription services. As is the case with
equity securities generally and exchange-traded funds specifically, in
most instances, real-time information is only available for a fee, and
information available free of charge is subject to delay (typically, 20
minutes).
    Investors may obtain on a 24-hour basis foreign currency pricing
information based on the foreign currency spot price of each applicable
foreign currency from various financial information service providers.
Complete real-time data for foreign currency futures \15\ and options
prices traded on the Chicago Mercantile Exchange (``CME'') and the
Philadelphia Stock Exchange (``Phlx'') are also available by
subscription from information service providers.\16\ The CME and Phlx
also provide delayed futures and options information on current and
past trading sessions and market news free of charge on their
respective Web sites.
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    \15\ See telephone conversation between Kimberly Loies,
attorney, Lord, Bissell & Brook LLP, counsel for the Exchange,
Geoffrey Pemble, Special Counsel, Commission, and Christopher Chow,
Special Counsel, Commission, on June 26, 2006 (``June 26 Telephone
Conversation'').
    \16\ See infra note 29.
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    There are a variety of other public Web sites available at no
charge that provide information on the currencies underlying the Shares
that are the subject of this filing, which service providers include
Bloomberg, (http://www bloomberg.com/markets/ currencies/fxc.html), CBS Market Watch (http://www. marketwatch.com /tools/ stockresearch/

globalmarkets), Yahoo! Finance (http://www.finance.yahoo.com/

currency), moneycentral.com, cnnfn.com and reuters.com, which provide
spot price or currency conversion information about each of the
currencies that underlie the Shares that are the subject of this
filing. Many of these sites offer price quotations drawn from other
published sources, and as the information is supplied free of charge,
it generally is subject to time delays.\17\ In addition, major market
data vendors regularly report current currency exchange pricing for a
fee for the currencies underlying the Shares that are the subject of
this proposal.
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    \17\ There may be incremental differences in the foreign
currency spot price among the various information service sources.
While the Exchange believes the differences in the foreign currency
spot price may be relevant to those entities engaging in arbitrage
or in the active daily trading of the applicable foreign currency or
foreign currency derivatives, the Exchange believes such differences
are likely of less concern to individual investors intending to hold
the Shares as part of a long-term investment strategy.
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    In addition, the Trusts' Web site (http://www.currencyshares.com),

which is publicly accessible at no charge, will provide the following
information: (1) The spot price for each applicable foreign
currency,\18\ including

the bid and offer and the midpoint between the bid and offer for the
foreign currency spot price, updated at least every 15 seconds; \19\
(2) an IIV per Share calculated by multiplying the indicative spot
price of the applicable foreign currency by the quantity of foreign
currency backing each Share, updated at least every 15 seconds; (3) an
indicative value (subject to a 20-minute delay), which is used for
calculating premium/discount information; (4) premium/discount
information, calculated on a 20-minute delayed basis; (5) the NAV of
each Trust as calculated each business day by the Trustee; (6) accrued
interest per Share; (7) the daily Federal Reserve Bank of New York Noon
Buying Rate; (8) the Basket Amount for each applicable foreign
currency; and (9) the last sale price of the Shares as traded in the
U.S. market, subject to a 20-minute delay, as it is provided free of
charge.\20\ On the Trusts' Web site, the foreign currency spot prices
will be available and disseminated at least every 15 seconds and the
IIV per Share will be calculated and disseminated at least every 15
seconds during NYSE Arca Marketplace's opening and late trading
sessions, as well as during its core trading session.\21\ The Exchange
will provide on its own public Web site (http://www.nysearca.com) a

link to the Trusts' Web site.
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    \18\ The Trusts' Web site's foreign currency spot price will be
provided by FactSet Research Systems (http://www.factset.com).

FactSet Research Systems is not affiliated with the Trusts, Trustee,
Sponsor, Depository, Distributor, or the Exchange. In the event that
the Trusts' Web site should cease to provide this foreign currency
spot price information from an unaffiliated source and the intraday
indicative value (``IIV'') of the Shares, the NYSE will commence
delisting proceedings for the Shares. The NYSE also will halt
trading in an issue of Shares for which the IIV is no longer
calculated or disseminated. See NYSE Proposal and NYSE Order.
    \19\ The midpoint will be calculated by the Sponsor. The
midpoint is used for purposes of calculating the premium or discount
of the Shares. For example, assuming a British Pound spot bid of
$1.7473 and an offer of $1.7474, the mid point would be calculated
as follows: (British Pound spot bid plus ((spot offer minus spot
bid) divided by 2)) or ($1.7473 + ($1.7474-$1.7473)/2)) + $1.74735.
The Sponsor has represented to the Exchange that the IIV will be
available during the Exchange's early, core and late trading
sessions (4 a.m. ET to 8 p.m. ET).
    \20\ The last sale price of the Shares in the secondary market
is available on a real-time basis for a fee from regular data
vendors.
    \21\ Pursuant to NYSE Arca Equities Rule 7.34(a), the NYSE Arca
Marketplace trading hours for exchange-traded funds are as follows:
(1) Opening trading session--4 a.m. to 9:30 a.m. ET; (2) core
trading session--9:30 a.m. to 4:15 p.m.
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c. UTP Trading Criteria
    The Exchange will cease trading in the Shares during the listing
market's trading hours if: (a) The listing market stops trading the
Shares because of a regulatory halt similar to a halt based on NYSE
Arca Equities Rule 7.12 and/or a halt because the IIV and/or the
underlying value (spot price) \22\ of the applicable foreign currency
is no longer calculated or disseminated; \23\ or (b) the listing market
delists the Shares. Additionally, the Exchange may cease trading the
Shares if such other event shall occur or condition exists which in the
opinion of the Exchange makes further dealings on the Exchange
inadvisable.
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    \22\ For purposes of trading the Shares pursuant to UTP, the
applicable value would be the applicable foreign currency spot price
on the Trusts' Web site (to which the Exchange will hyperlink),
which is currently provided by FactSet Research Systems (http://www.factset.com
).

    \23\ June 26 Telephone Conversation, supra note 15.
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    Because NYSE Arca Marketplace will be trading the Shares during its
opening and late trading sessions, when the listing market is closed,
the Exchange will take reasonable steps designed to ensure that the
applicable foreign currency spot price and IIV are disseminated during
these trading sessions. In addition, the Exchange will cease trading
the Shares if: (1) The value of the foreign currency is not calculated
and available on at least a 15-second delayed basis from a source
unaffiliated with the Sponsor, the Trust, the Trustee, or the Exchange
and the Exchange is not providing a hyperlink on the Exchange's Web
site to any such unaffiliated foreign currency value; or \24\ (2) the
IIV is not made available on at least a 15-second delayed basis.\25\
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    \24\ Id.
    \25\ In such case, the Exchange would immediately contact the
Commission's staff. See Amendment No. 1.
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d. Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.\26\ Trading in the
Shares on the Exchange will occur in accordance with NYSE Arca Equities
Rule 7.34(a).\27\ The Exchange represents that it has appropriate rules
to facilitate transactions in the Shares during all trading sessions.
The minimum trading increment for Shares on the Exchange will be $0.01.
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    \26\ See NYSE Arca Equities Rule 8.202(b).
    \27\ See supra note 21.
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    NYSE Arca Equities Rules 8.202(g)-(i) set forth certain
restrictions on ETP Holders acting as registered Market Makers in the
Shares to facilitate surveillance. NYSE Arca Equities Rule 8.202(h)
requires that the ETP Holder acting as a registered Market Maker in the
Shares provide the Exchange with information relating to its trading in
the applicable foreign currency, options, futures or options on futures
on such currency, or any other derivatives based on such currency. NYSE
Arca Equities Rule 8.202(i) prohibits the ETP Holder acting as a
registered Market Maker in the Shares from using any material nonpublic
information received from any person associated with an ETP Holder or
employee of such person regarding trading by such person or employee in
the applicable foreign currency, options, futures or options on futures
on such currency, or any other derivatives based on such currency
(including the Shares). In addition, NYSE Arca Equities Rule 8.202(g)
prohibits the ETP Holder acting as a registered Market Maker in the
Shares from being affiliated with a market maker in the applicable
foreign currency, options, futures or options on futures on such
currency, or any other derivatives based on such currency, unless
adequate information barriers are in place, as provided in NYSE Arca
Equities Rule 7.26.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading on the Exchange in the Shares may be
halted because of market conditions or for reasons that, in the view of
the Exchange, make trading in the Shares inadvisable. These may
include: (1) The extent to which trading is not occurring in the
applicable foreign currency, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in the Shares will be subject
to trading halts caused by extraordinary market volatility pursuant to
the Exchange's ``circuit breaker'' rule.\28\ See ``UTP Trading
Criteria'' section above for specific instances when the Exchange will
cease trading in the Shares.
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    \28\ See NYSE Arca Equities Rule 7.12.
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    The Shares will be deemed ``Eligible Listed Securities,'' as
defined in NYSE Arca Equities Rule 7.55, for purposes of the
Intermarket Trading System (``ITS'') Plan and therefore will be subject
to the trade through provisions of NYSE Arca Equities Rule 7.56, which
require that ETP Holders avoid initiating trade-throughs for ITS
securities.
e. Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, shares of the
streetTRACKS Gold Trust, and shares of the Euro Currency Trust to
monitor trading in the Shares. The Exchange represents that these
procedures are adequate to properly

monitor Exchange trading of the Shares in all trading sessions.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange is able to obtain information regarding trading in the
Shares, foreign currency options, and foreign currency futures through
ETP Holders, in connection with such ETP Holders' proprietary or
customer trades which they effect on any relevant market. In addition,
the Exchange may obtain trading information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members or
affiliates of the ISG.\29\ Specifically, the Exchange can obtain
information: (1) From the CME, an affiliate member of ISG, about the
trading of the relevant foreign currency futures, and options on those
futures, that trade on the CME; and (2) from the Phlx, a member of the
ISG, about the trading of options on the relevant foreign currencies
that trade on the Phlx.\30\
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    \29\ As noted in the NYSE Proposal, futures on the Australian
Dollar, British Pound, Canadian Dollar, Mexican Peso, Swedish Krona
and Swiss Franc, as well as options on such futures (except for the
Swedish Krona) are traded on the CME (both exchange pit trading and
GLOBEX trading, except for Swedish Krona futures, which trade on
GLOBEX only). Standardized options on the Australian Dollar, British
Pound, Canadian Dollar and Swiss Franc trade on the Phlx. These U.S.
markets are the primary trading markets in the world for exchange-
traded futures, options, and options or futures on these currencies.
As noted in the NYSE Proposal, based on the NYSE's review of
information supplied by major market data vendors, exchange-traded
options are not traded on the Mexican Peso or the Swedish Krona.
    \30\ See supra note 29.
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f. Information Bulletin
    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: (1) The procedures for
purchases and redemptions of Shares in Baskets (and that Shares are not
individually redeemable but are redeemable only in aggregations of at
least 50,000 Shares); (2) NYSE Arca Equities Rule 9.2(a),\31\ 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;
(3) how information regarding the IIV is disseminated; (4) 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 (5) trading information. For
example, the Information Bulletin will advise ETP Holders, prior to the
commencement of trading, of the prospectus delivery requirements
applicable to the Shares. The Exchange notes that investors purchasing
Shares directly from the Trusts (by delivery of the Basket Amount) will
receive a prospectus. ETP Holders purchasing Shares from the Trusts for
resale to investors will deliver a prospectus to such investors.
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    \31\ The Exchange has proposed to amend NYSE Arca Equities Rule
9.2(a) (``Diligence as to Accounts'') to provide that ETP Holders,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his other security
holdings and as to his financial situation and needs. Further, the
proposed rule amendment provides that prior to the execution of a
transaction recommended to a non-institutional customer, the ETP
Holders should make reasonable efforts to obtain information
concerning the customer's financial status, tax status, investment
objectives, and any other information that they believe would be
useful to make a recommendation. See Amendment No. 2 to SR-PCX-2005-
115 (May 5, 2006).
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    In addition, the Information Bulletin will reference that each
Trust is subject to various fees and expenses described in the
applicable Registration Statement, and that the number of units of
foreign currency required to create a Basket or to be delivered upon a
redemption of a Basket may gradually decrease over time in the event
that a Trust is required to sell units of foreign currency to pay the
Trust's expenses, and that if done at a time when the price of the
applicable foreign currency is relatively low, it could adversely
affect the value of the Shares. Finally, the Information Bulletin also
will reference the fact that there is no regulated source of last sale
information regarding foreign currency, and that the Commission has no
jurisdiction over the trading of foreign currency.
    The Information Bulletin will also discuss any relief, if granted,
by the Commission from any rules under the Exchange Act.\32\
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    \32\ The applicable rules are: Rule 10a-1; Rule 200(g) of
Regulation SHO; Section 11(d)(1) and Rule 11d1-2; and Rules 101 and
102 of Regulation M under the Exchange Act.
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2. Statutory Basis
    The Exchange states that the proposed rule change, as amended, is
consistent with section 6(b) of the Exchange Act \33\ in general and
furthers the objectives of section 6(b)(5) of the Exchange Act \34\ in
particular in that it is designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transaction in securities, to remove
impediments and perfect the mechanisms of a free and open market, and,
in general, to protect investors and the public interest.
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    \33\ 15 U.S.C. 78s(b).
    \34\ 15 U.S.C. 78s(b)(5).
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    In addition, the Exchange believes that the proposal is consistent
with Rule 12f-5 under the Exchange Act \35\ because it deems the Shares
to be equity securities, thus rendering the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
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    \35\ 17 CFR 240.12f-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, as
amended, will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    The Exchange states that written comments were neither solicited
nor received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 No. SR-NYSEArca-2006-26 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-NYSEArca-2006-26. 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 Exchange. 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-NYSEArca-2006-26 and should be submitted by July 24,
2006.

IV. Commission Findings and Order Granting Accelerated Approval of a
Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the
Exchange Act \36\ and the rules and regulations thereunder applicable
to a national securities exchange.\37\ In particular, the Commission
finds that the proposed rule change, as amended, is consistent with the
requirements of section 6(b)(5) of the Exchange Act,\38\ which requires
that the an exchange have rules designed, among other things, to
promote just and equitable principles of trade, to remove impediments
and to perfect the mechanism of a free and open market and a national
market system, and in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f.
    \37\ 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 U.S.C. 78c(f).
    \38\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with section 12(f) of the Exchange Act,\39\ which permits an exchange
to trade, pursuant to UTP, a security that is listed and registered on
another exchange.\40\ The Commission notes that it previously approved
the listing and trading of the Shares on the NYSE.\41\
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78l(f).
    \40\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \41\ See NYSE Order, supra note 5.
---------------------------------------------------------------------------

    The Commission also finds that the proposal is consistent with Rule
12f-5 under the Exchange Act,\42\ which provides that an exchange shall
not extend UTP to a security unless it has in effect a rule or rules
providing for transactions in a class or type of security to which the
exchange extends UTP. NYSE Arca rules deem the Shares to be equity
securities, thus trading in the Shares will be subject to the
Exchange's existing rules governing the trading of equity
securities.\43\
---------------------------------------------------------------------------

    \42\ 17 CFR 240.12f-5.
    \43\ The Commission notes that any new listing or trading of an
issue of Currency Trust Shares will be subject to approval of a
proposed rule change by the Commission pursuant to section 19(b)(2)
of the Exchange Act, 15 U.S.C. 78s(b)(1), and Rule 19b-4 thereunder,
17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with section 11A(a)(1)(C)(iii) of the Exchange Act,\44\ which sets
forth Congress' finding that it is in the public interest, and is
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.
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    In support of the proposal, the Exchange has made the following
representations: (1) The Exchange has appropriate rules to facilitate
transactions in this type of security in all trading sessions; (2) the
Exchange's surveillance procedures are adequate to properly monitor the
trading of the Shares on the Exchange; (3) the Exchange will distribute
an Information Bulletin to its members prior to the commencement of
trading of the Shares on the Exchange that explains the special
characteristics and risks of trading the Shares; (4) the Exchange will
require a member with a customer who purchases newly issued Shares on
the Exchange to provide that customer with a product prospectus and
will note this prospectus delivery requirement in the Information
Bulletin; (5) the Exchange will cease trading in the Shares if: (a) The
listing market stops trading the Shares because of a regulatory halt
similar to a halt based on NYSE Arca Equities Rule 7.12 and/or a halt
because the IIV and/or the underlying value (spot price) of the
applicable foreign currency is no longer calculated or disseminated;
(b) the listing market delists the Shares; or (c) such other event
occurs or condition exists that, in the opinion of the Exchange, makes
further dealings on the Exchange inadvisable.\45\ This approval order
is conditioned on the Exchange's adherence to these representations.
---------------------------------------------------------------------------

    \45\ In addition, the Exchange will cease trading the Shares if:
(1) The value of the foreign currency is not calculated and
available on at least a 15-second delayed basis from a source
unaffiliated with the Sponsor, the Trust, the Trustee, or the
Exchange and the Exchange is not providing a hyperlink on the
Exchange's Web site to any such unaffiliated foreign currency value;
or (2) the IIV is not made available on at least a 15-second delayed
basis.
---------------------------------------------------------------------------

    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the thirtieth day after publication of the
notice of filing thereof in the Federal Register. The Commission
recently granted approval to the NYSE to list and trade the Shares.\46\
Accelerating approval of this proposed rule change should benefit
investors by creating, without undue delay, additional competition in
the market for the Shares.
---------------------------------------------------------------------------

    \46\ See NYSE Order, supra note 5.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act
\47\ that the proposed rule change (SR-NYSEArca-2006-26), as amended,
is approved on an accelerated basis.
---------------------------------------------------------------------------

    \47\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\48\
---------------------------------------------------------------------------

    \48\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-10338 Filed 6-30-06; 8:45 am]

BILLING CODE 8010-01-P


Lydia Wegman/RTP/USEPA/US

03/12/2008 02:19 PM

To

<EMAIL_ADDRESS><EMAIL_ADDRESS> cc

Karen Martin/RTP/USEPA/US@EPA, John Hannon/DC/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

Fw: redline changes to secondary standard sections of the RTC document

Heidi and Art,

Here is a redline version of the RTC on the secondary standard, which is a comparison to the version we sent last night.  It reflects the change in the final action on the secondary standard.

-----Forwarded by Lydia Wegman/RTP/USEPA/US on 03/12/2008 02:15PM -----

To: Wegman Lydia@EPA

From: Karen Martin/RTP/USEPA/US

Date: 03/12/2008 02:13PM

Subject: redline changes to secondary standard sections of the RTC document

These files reflect changes made to the March 11 version that was sent to OMB yesterday in light of the final decision that was conveyed to us last night.

Karen Martin, Ph.D.

Office of Air Quality Planning and Standards

U.S. EPA (C504-06)

Research Triangle Park, NC 27711

phone:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

<EMAIL_ADDRESS>


[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22956-22957]
[FR Doc No: 2021-09054]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1751-000]

Sirrius Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sirrius Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 17, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.

    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 26, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-09054 Filed 4-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28586-28591]
[FR Doc No: 2018-12709]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9979-21--Region 3]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Ordnance Works Disposal Areas
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA), Region 3, is
issuing a Notice of Intent to Delete the Ordnance Works Disposal Areas
Superfund Site (Site) located in Morgantown, West Virginia, from the
National Priorities List (NPL) and requests public comments on this
proposed action. For purposes of this action, the Site consists of
Operable Unit 1 (OU1), an NPL-listed area of approximately 6 acres.
Also for purposes of this action, and unless otherwise noted, the Site
does not include Operable Unit 2 (OU2), a non-NPL listed area of
approximately eight hundred acres. 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 State of West Virginia, through the West Virginia
Department of Environmental Protection (WVDEP), have determined that
all appropriate response actions under CERCLA, other than operation and
maintenance, monitoring, and five-year reviews have been completed.
However, this deletion does not preclude future actions under
Superfund.

DATES: Comments must be received by July 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: Jeffrey Thomas at [email protected].
     Mail: Jeffrey Thomas (3HS23), Remedial Project Manager,
United States Environmental Protection Agency 1650 Arch Street,
Philadelphia, PA 19103.
     Hand delivery: United States Environmental Protection
Agency, 1650 Arch Street, Philadelphia, PA 19103. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be CBI or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through https://www.regulations.gov or email. The https://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 https://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 https://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 the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at: U.S.
EPA Region 3, Superfund Records Center, 6th Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029;<PHONE_NUMBER>, Monday through Friday 8:00
a.m. to 5:00 p.m., Morgantown Public Library, 373 Spruce Street,
Morgantown, WV 26505;<PHONE_NUMBER>, Monday through Saturday 9:00 a.m.
to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeffrey Thomas, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 3, 3HS23, 1650
Arch Street, Philadelphia, PA 19103,<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 3 announces its intent to delete the Ordnance Works
Disposal Areas Superfund Site from the National Priorities List (NPL)
and requests public comment on this proposed action. For purposes of
this action, the Site consists of Operable Unit 1 (OU1), an NPL-listed
area of approximately 6 acres. This action does not include Operable
Unit 2 (OU2), a non-NPL listed area of approximately eight hundred
acres. Both OU1 and OU2 are located in an industrial/commercial complex
formally known as the Morgantown Ordnance Works in Morgantown, West
Virginia. Unless otherwise stated, references to the ``Site'' shall
mean OU1 only. 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 the list of
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).
As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from the
NPL remain eligible for Fund-financed remedial actions if future
conditions warrant such actions.
    EPA will accept comments on the proposal to 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 the Ordnance Works Disposal Areas
Superfund Site and demonstrates how it meets the deletion criteria.

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 State, 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.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of
Intent to Delete;
    (2) EPA has provided the State 30 working days for review of this
action prior to this publication;
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate;
    (4) The State of West Virginia, through the WVDEP, has concurred
with deletion of the Site from the NPL;
    (5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, The Dominion Post. The newspaper notice announces the
30-day public comment period concerning the Notice of Intent to Delete
the Site from the NPL;
    (6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
    If comments are received within the 30-day public comment period on
this document, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. 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 Site, the Regional Administrator
will publish a final Notice of 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 in the
site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion 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 Intended Site Deletion

    The following information provides EPA's rationale for deleting the
Site from the NPL:

Site Location and Use History

    The Ordnance Works Disposal Areas Superfund Site (EPA
Identification Number WVD000850404) consists of a disposal area
designated by EPA as OU1 containing approximately 6 acres within a
commercial/industrial development known as the Morgantown Ordnance
Works outside of Morgantown, West Virginia. See Section I
(Introduction) for details regarding OU1 and OU2. Within the
geographical limits of OU2 is a third area consisting of two separate
parcels currently being studied under the Resource Conservation and
Recovery Act (RCRA). OU1 was a disposal location used by entities that
operated in the remainder of the Morgantown Ordnance Works complex.
    A removal action was conducted at OU2 on hotspots identified in a
Remedial Investigation completed in 1995. Cleanup of OU2 occurred
pursuant to a 1996 settlement with potentially responsible parties
(PRPs) to perform a removal action and was based on exposure scenarios
for the current and future anticipated land use. The work was conducted
between March 1997 and June 1997. After the removal action was
completed, EPA determined, based on the residual risk assessment
analysis, that the potential for adverse carcinogenic and non-
carcinogenic effects to industrial workers and youth trespassers was
negligible and within the limits considered acceptable by EPA. No
further response actions at OU2 are anticipated.
    The Site is located approximately one mile southwest of the city of
Morgantown, West Virginia, near the west bank of the Monongahela River.
The population of Monongalia County is approximately 75,509; the city
of Morgantown accounts for 25,879 of this total. The majority of the
population lives to the northeast and northwest of the Site and obtains
drinking water from a public supply. There are several houses within a
one-mile radius of the Site that utilize wells in one capacity or
another, however they are not located downgradient of the Site.
    The Morgantown Ordnance Works, which later became the Morgantown
Industrial Park, has been the location of a variety of industrial and
chemical production facilities since the 1940's. These activities
occurred primarily in OU2 of the Site; OU1 was used as a disposal area
for various industrial concerns operating in OU2. Beginning in October
1940, the Morgantown Ordnance Works property was developed as a coke
plant and chemical production facility by E.I. DuPont de Nemours and
Company under contract to the United States Government. From 1943-1962,
the United States held title to the property. Between 1941 and 1958,
various businesses were operated by private parties, in some cases
pursuant to government contracts and operating agreements, and in other
cases pursuant to commercial leases. During these years, substances
such as hexamine, ammonia, methyl alcohol, formaldehyde, ethylene
diamine, and coke were produced. The plant was idle from 1958-1962.
    In 1962, the property was sold to Morgantown Ordnance Works, Inc.
which then leased and/or sold portions of the property to various
industrial and chemical manufacturing operations. In 1964 Weston
Chemical Company purchased a portion of the property totaling 62 acres
that is split between two facilities known as the North and South
plants. Weston Chemical Company was purchased by the Borg-Warner
Corporation in 1969. General Electric (GE) purchased Borg-Warner
Corporation in 1988 and in 2003 the GE North and South plants were
purchased by Crompton Corporation. The Crompton Corporation then sold
the two plants to Chemtura Corporation which in turn sold the two
facilities, in 2013, to Addivant US, LLC, the current owner. The North
and South plants are active facilities currently being addressed
through a June 1990 RCRA settlement with EPA.
    Except for parcels previously sold, which were portions of OU2, the
Morgantown Ordnance Works property was acquired by Princess Coals, Inc.
in 1978. In 1982, the property was purchased by private individuals who
later formed Morgantown Industrial Park, Inc. In 1983, the property was
conveyed to Morgantown Industrial Park Associates, which retained
ownership of OU1, but then sold all of the other parcels comprising the
industrial park property.

Initial Response, NPL Listing, and Study

    As a result of the industrial activities that occurred at the
Morgantown Ordnance Works facility, hazardous substances were disposed
of within a small area in the southern portion of the facility that is
OU1 of the Site. OU1 contained an inactive landfill, two lagoons, a
former drum staging area, and an area used for the shallow disposal of
wastes called the scraped area. Investigation of this disposal area by
EPA began in 1981. OU1 was proposed to the NPL on October 15, 1984 (49
FR 40320). On June 10, 1986, OU1 was added to the NPL (51 FR 21054).
    Sampling at OU1 of the Site occurred in various phases between 1988
and 1998. Samples were collected, both by EPA as well as by PRPs, from
groundwater, surface and subsurface soils, surface water, and
sediments. Analyses revealed no connection between disposal activities
at OU1 and the groundwater. The surface and subsurface soils, surface
water, and sediment at OU1 were all impacted to varying degrees by
organic and inorganic contaminants.
    Test pits installed in the scraped area during the 1988 Remedial
Investigation (RI) revealed cinder-like backfill material, blue and
black catalyst pellets, and yellow solid material. Additional Phase II
soil borings taken in the scraped area exposed visible tar at depths of
up to eight feet and revealed total carcinogenic polycyclic aromatic
hydrocarbons (cPAHs) ranging from 94 parts per million (ppm) to 36,000
ppm. Some elevated levels of inorganic contaminants were detected
during the RI but were not detected in the scraped area during the 1996
Phase II Interim Design Tasks.
    A portion of the lagoon area was excavated in 1981 to address metal
plating wastes disposed in two surface impoundments between 1970 and
1976. During this action, miscellaneous wastes including coal tars were
observed in the lagoon. Further investigation during the Phase II
Interim Design Tasks indicated cPAH concentrations ranging from 3.2 ppm
to 30,000 ppm; however, the inorganic contaminants detected during the
1988 RI were not found.
    The northern section of OU1 was the location of the abandoned,
inactive landfill estimated to have a fill depth of 20 feet at its
thickest location. No records exist on quantities or types of material
disposed of in the landfill. Eyewitness reports and direct observation
reveal that the landfill contained construction debris, slag, ash, and
catalyst pellets. Leachate from the landfill drained to the northeast
into a wetland. The wetland drained directly to a feature known as
``Swale 3,'' which eventually discharged to the Monongahela River.
During pre-design sampling, the sediment layer of both the wetland and
upper portion of Swale 3 were determined to have been impacted by heavy
metals contamination.
    As part of the 1988 Remedial Investigation/Feasibility Study (RI/
FS), EPA prepared a Baseline Human Health Risk Assessment (BHHRA) for
the Site in order to identify and define possible existing and future
human health risks associated with exposure to the contaminants present
in the various media at OU1 if no action were taken. The BHHRA was
revised in the 1989

Focused Feasibility Study (FFS) report. In both the 1988 original and
1989 revised BHHRA documents, EPA concluded that action was necessary
to prevent contact with contaminated soil and sediments found at OU1 of
the Site.
    A comprehensive Ecological Risk Assessment was not conducted during
either the 1988 RI/FS or the 1989 FFS. While drafting the September 29,
1999 Record of Decision (ROD), EPA's Biological Technical Assistance
Group reviewed the 1988 RI data and concluded that inorganic
contaminants were present in surface water and sediments within OU1 at
levels that were acutely toxic to potentially affected ecosystems.

Selected Remedy

    In March 1988, EPA issued a Record of Decision (ROD) for OU1
selecting onsite incineration of soils and sediments contaminated with
cPAHs and heavy metals. In November 1988, EPA opened an additional 30-
day comment period for out-of-state PRPs who had not received notice of
the original Proposed Plan. Based on comments received during this
period, EPA conducted a focused feasibility study (FFS) in 1989 to re-
evaluate the alternatives described in the March 1988 ROD and to
conduct a risk-based analysis of cleanup levels. This FFS was completed
in June 1989.
    On September 29, 1989, EPA issued a ROD that superseded the 1988
ROD. The 1989 ROD selected a remedy and contingency remedy for OU1. The
selected remedial action included, among other things, excavation and
treatment of inorganic hot spots from the lagoon and scraped areas;
disposal of treated inorganic contaminants at the former landfill area;
capping the former landfill; and excavation and treatment of organics-
contaminated soils and sediments using bioremediation. The contingency
remedial action called for treatment of soils and sediments using soil
washing technology. In June 1990, EPA issued an administrative order
directing several PRPs to implement the September 1989 ROD.
    The human health risk assessment conducted in conjunction with the
OU1 RI was completed in 1988. This assessment was completed prior to
the issuance of a revised cancer potency factor (CPF) established in
the Integrated Risk Information System (IRIS) for benzo(a)pyrene (BAP)
and the interim comparative potency estimates provided by EPA's Office
of Research and Development (ORD) in a guidance document entitled
``Provisional Guidance for Quantitative Risk Assessment of Polycyclic
Aromatic Hydrocarbons'' (EPA/600/R-93/089 (July 1993)). In 1995, during
implementation of remedial design conducted under EPA's June 1990
administrative order, the PRPs recalculated the cleanup standards for
cPAHs at OU1 using the new CPF established in IRIS and the interim
comparative potency estimates established by ORD. The resulting cleanup
standard was less stringent than the cleanup standard identified in the
September 1989 ROD. The PRPs submitted a proposal to EPA in July 1995
requesting that the Agency adopt the newly calculated cleanup standard
of 78 ppm total cPAHs. EPA evaluated this proposal using a Monte Carlo
simulation and determined that this cleanup level would result in risk
within the 1x10-4 to 1x10-6 acceptable risk range
established by the NCP. The Monte Carlo risk assessment verified that
78 ppm total cPAHs was an acceptable cleanup standard as long as the
associated BAP value did not exceed 18.2 ppm. Achieving a cleanup level
of 78 ppm total cPAHs with no more than 18.2 ppm BAP became the cPAH
cleanup standard approved by EPA.
    The PRPs completed treatability studies for the bioremediation
component in March 1997 under EPA's June 1990 administrative order. The
PRPs concluded, and EPA agreed, that bioremediation was not capable of
meeting the 78 ppm total cPAH cleanup standard within a reasonable
time-frame and was not cost-effective. The PRPs and EPA also concluded
that the soil washing contingency action described in the September
1989 ROD was similarly deficient. In the Spring of 1997, the PRPs
submitted a proposal to EPA to conduct a second FFS to identify a
replacement remedial action for OU1. EPA agreed and negotiated a new
agreement with the PRPs for this study work in October 1997. The second
FFS was completed in 1998.
    On September 30, 1999, EPA issued a ROD that superseded the 1989
ROD. The 1999 ROD selected a replacement remedial action for OU1. The
selected remedy consisted of off-site thermal treatment of visibly
stained stream, lagoon, and scraped area soils/sediments; consolidation
of contaminated media into the existing landfill; restoration of
streams and wetland areas where sediment was excavated; capping of the
existing landfill; long-term monitoring; and institutional controls to
protect the cap and prohibit residential development, recreational use,
schools, and child care facilities within OU1. Neither the March 1988
ROD nor the September 1989 ROD required action to address groundwater.
There was no evidence that the groundwater had been significantly
impacted by disposal operations at OU1 and no unacceptable risks were
posed to receptors of the groundwater at OU1. Therefore, the remedy
selected in the 1999 ROD also did not include a groundwater remediation
component.

Response Actions

    The PRPs implemented the remedy selected for OU1 pursuant to an
administrative order originally issued in 1989 and modified in 1999 to
direct the PRPs to implement the 1999 ROD. The Remedial Design (RD) was
conducted in conformance with the approved work plan and 1999 ROD. The
Remedial Action (RA) was initiated in August 2000. The target areas
were excavated as part of the RA and soils and sediments containing
visible coal tar were separated for treatment and utilization as a fuel
source for a local power plant. Utilization of the treated coal tar as
a fuel source achieved destruction of the contaminants of concern
through thermal treatment as well as beneficial reuse of the coal tar
to produce electricity. The rest of the excavated material found to be
above the ROD cleanup criteria was consolidated into the former
landfill which was covered with a multi-layer RCRA Subtitle C cap.
    EPA and WVDEP conducted a final inspection of OU1 on September 11,
2003 and determined that the remedy had been constructed in accordance
with the Remedial Design plans and specifications and that no further
construction was anticipated. EPA and WVDEP reviewed the remedial
action contract and construction for compliance with quality assurance
and quality control (QA/QC) protocols. Construction activities at the
Site were determined to be consistent with the 1999 ROD, Remedial
Design plans and specifications, and EPA's June 1990 administrative
order.
    The PRP's construction contractor adhered to the approved
Construction Quality Assurance Plan (CQAP). The CQAP incorporated all
EPA and State requirements. All confirmatory inspections, independent
testing, audits, and evaluations of materials and workmanship were
performed in accordance with the construction drawings, technical
specifications, and the CQAP. Construction quality assurance was
performed by the United States Army Corps of Engineers, Huntington
District, which maintained a constant on-site presence. The EPA
Remedial Project Manager and State regulators visited OU1 approximately
twice a month during construction activities to review construction

progress and evaluate and review the results of QA/QC activities.
Institutional controls to protect the cap, limit land use to
industrial/commercial operations, and prohibit use of groundwater were
implemented in 2006 with the recording of an Environmental Covenant in
the office of the Clerk of the County Commission of Monongalia County,
West Virginia, in Deed Book 1327, at Page 557.

Cleanup Levels

    The remedy addressed visible tar-like material and contaminated
soil and sediment exceeding site-specific cleanup standards. Cleanup
standards specified in the 1999 ROD for the surface and subsurface
soils in the Lagoon Area and Scraped Area are as follows: Total cPAH 78
ppm, with a BAP value not to exceed 18.2 ppm; arsenic 88.8 ppm; cadmium
642 ppm; copper 41,100 ppm; and lead 500 ppm. Cleanup standards
specified in the 1999 ROD for stream and wetlands sediments are as
follows: Total cPAH 78 ppm, with a BAP value not to exceed 18.2 ppm;
arsenic 9.62 ppm; cadmium 0.35 ppm; chromium 30.2 ppm; copper 22.7 ppm;
lead 31.6 ppm; mercury non-detect; and zinc 86.8 ppm. The project team
determined that total removal of the existing sediments and replacement
with clean fill would be the most the appropriate way to achieve
cleanup of the sediments. Removal of the contaminated sediment and
replacement with clean fill was completed as part of the Remedial
Action.
    The Quality Assurance Project Plan (QAPP) incorporated all EPA and
State QA/QC procedures and protocols. EPA analytical methods were used
for all confirmation and monitoring samples during RA activities.
Sampling and analysis during construction and during Operation and
Maintenance (O&M) monitoring was performed in accordance with approved
Sampling and Analysis Plans. Procedures and protocols followed for soil
sample analysis during the RA were conducted in accordance with the
Contract Laboratory Program. EPA and the State determined that
analytical results are accurate to the degree needed to assure
satisfactory completion of the RA.

Operation and Maintenance

    Site O&M requirements are contained in the approved O&M Plan dated
April 13, 2012. This plan includes inspection of the landfill cover and
wetlands and associated drainage systems, and sampling requirements for
groundwater and treatment wetland effluent. O&M activities are
performed by the PRPs under the 1990 EPA administrative order.
    The treatment wetlands were initially inspected every six months
during the first two years following the completion of the RA and
continue to be inspected and maintained to ensure flow-through of
leachate in the pond system. The integrity of the treatment ponds
system has been monitored and has not required modification to date.
    The replacement wetlands, located adjacent to the Monongahela
River, are inspected annually as part of the landfill cap inspection.
Beginning in 2008, the PRPs undertook efforts to eradicate invasive
plant species from the replacement wetlands at the request of EPA and
WVDEP. Recent inspections of the replacement wetlands have verified
that the wetlands have developed into a high quality mosaic of
forested, shrub-scrub, and emergent wetlands habitats. Invasive plants
are present, but at low density as a result of the control measures
implemented after construction. The presence of numerous wetland
terrestrial, aquatic, and avian species was noted through visual and
auditory observation.
    Landfill cap inspections currently occur on a semi-annual basis.
The cap has remained in good condition and has required only minor
revegetation in small areas affected by erosion. No cracking or
movement of surficial soils has occurred on the top of the cap slope.
Storm water conveyance channels remain in good condition and no obvious
signs of ponding water have been found. Overall the vegetative cover
remains robust and well established and the drainage system operates as
designed.

Five-Year Reviews

    Five-Year Reviews were conducted at the Site in 2006, 2011, and
2016. In the Five-Year Review report issued on September 12, 2016, EPA
concluded that the remedial action objectives for the remedy had been
achieved. EPA found that the remedy is protective of human health and
the environment, that the remedy was implemented in accordance with the
remedial action objectives of the 1999 ROD, and that the remedy was
functioning as intended. The landfill has not been found to be a
significant source of contamination to the groundwater in the area and
the contaminants of concern identified in the 1999 ROD have not been
detected in groundwater samples during the review period. The multi-
layer RCRA landfill cap was determined to be effective in containing
hazardous waste materials, the treatment wetland ponds appeared to be
functioning as intended, and access restrictions were found to be
functional. Institutional controls are in place to prohibit disturbing
the landfill cap, use of groundwater, and non-commercial use of any
kind within OU1. O&M including annual inspections, leachate monitoring,
and treatment wetland monitoring are performed by the PRPs pursuant to
the 2012 approved O&M Plan. There were no issues or recommendations
identified in the 2016 report. The next review for OU1 is required by
September 2021.

Community Involvement

    Throughout the Site's history, EPA has kept the community and other
interested parties apprised of Site activities through fact sheets,
press releases, and public meetings. Public participation activities
have been performed in accordance with Sections 113(k) and 117 of
CERCLA. Documents in the deletion docket upon which EPA relied for
recommending deletion of OU1 from the NPL are available to the public
in the information repositories. EPA notified local officials in
advance about Five-Year Reviews and placed notices in The Dominion Post
to inform the public that the Five-Year Reviews were being conducted
and when the findings of each would be available.

Determination That the Criteria for Deletion Have Been Met

    The implemented remedy achieves the degree of cleanup and
protection specified in the 1999 ROD and meets EPA's acceptable risk
for all exposure pathways. The remedial action at OU1 has been
completed in accordance with the 1999 ROD, institutional controls are
in place, and O&M is being conducted in accordance with the approved
O&M Plan. All remedial action objectives, performance standards, and
cleanup goals established in the 1999 ROD have been achieved and the
remedy is protective of human health and the environment in both the
short- and long-term. No further Superfund response, other than O&M,
monitoring, and Five-Year Reviews, is necessary to continue to protect
human health and the environment. All of the selected remedial actions
and the remedial action objectives and associated cleanup goals are
consistent with CERCLA, the NCP, and EPA policy and guidance.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping

requirements, Superfund, Water pollution control, Water supply.

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

    Dated: May 30, 2018.
Cosmo Servidio,
Regional Administrator, U.S. Environmental Protection Agency Region 3.
[FR Doc. 2018-12709 Filed 6-19-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Pages 29028-29030]
[FR Doc No: 2011-12149]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Application for Special Permits

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

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has

received the application described herein. Each mode of transportation
for which a particular special permit is requested is indicated by a
number in the ``Nature of Application'' portion of the table below as
follows: 1--Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo
aircraft only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before June 20, 2011.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, SE., Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on May 11, 2011.
Donald Burger,
Chief, Special Permits and Approvals Branch.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                                   Docket                                                    Nature of special
       Application number           No.          Applicant        Regulation(s) affected      permits thereof
----------------------------------------------------------------------------------------------------------------
15727-N........................  .........  GFS Chemicals,       49 CFR 173.242(d) and    To authorize the
                                             Columbus, OH.        173.243(d).              transportation of
                                                                                certain materials, a
                                                                                short distance from
                                                                                one facility to
                                                                                another, in
                                                                                intermediate bulk
                                                                                containers not
                                                                                otherwise authorized.
                                                                                (mode 1)
15283-N........................  .........  KwikBond Polymers,   49 CFR 173.225 and       To authorize the
                                             LLC, Benicia, CA.    173.243.                 transportation in
                                                                                commerce of Class 3,
                                                                                PG II polyester resin
                                                                                in non-specification
                                                                                cargo tanks and UN31A
                                                                                intermediate bulk
                                                                                containers and
                                                                                Division 5.2, organic
                                                                                peroxide, type D,
                                                                                catalyst in a non-
                                                                                bulk non-
                                                                                specification
                                                                                polyethylene
                                                                                container. (mode 1)
15322-N........................  .........  Digital Wave         49 CFR 180.209(a),       To authorize the
                                             Corporation,         180.205(c), (f), and     transportation in
                                             Englewood, CO.       (g), 173.302(a)(b)(2),   commerce of DOT 3A,
                                                                  and (b)(5) and 180.213.  3AA, 3AX, 3AAX and 3T
                                                                                cylinders used for
                                                                                the transportation of
                                                                                industrial gases on
                                                                                truck trailers or in
                                                                                modules, using modal
                                                                                acoustic emission
                                                                                (MAE) retesting in
                                                                                lieu of hydrostatic
                                                                                testing (modes 1, 2,
                                                                                3, 4, 5)
15323-N........................  .........  Kidde-Fenwal Inc.,   49 CFR 171.23..........  To authorize the
                                             Ashland, MA.                                  manufacture, marking,
                                                                                sale and use of non-
                                                                                DOT specification
                                                                                cylinders meeting EN
                                                                                13322-1, containing
                                                                                nitrogen, to be used
                                                                                in fire suppression
                                                                                systems. (mode 1)
15328-N........................  .........  Helimax Aviation     49 CFR 172.101 Column    To authorize the
                                             Inc., Jackson, CA.   (9B), 172.204(c)(3),     transportation in
                                                                  173.27(b)(2),            commerce of certain
                                                                  175.30(a)(1), 172.200,   hazardous materials
                                                                  172.300 and 172.400.     by cargo aircraft
                                                                                including by external
                                                                                load in remote areas
                                                                                of the U.S. without
                                                                                being subject to
                                                                                hazard communication
                                                                                requirements and
                                                                                quantity limitations
                                                                                where no other means
                                                                                of transportation is
                                                                                available. (mode 4)
15334-N........................  .........  Floating Pipeline    49 CFR 173.302a........  To authorize the
                                             Company                                       manufacture, marking,
                                             Incorporated,                                 sale and use of non-
                                             Halifax, Nova                                 DOT specification
                                             Scotia.                                       fiber reinforced
                                                                                plastic hoop wrapped
                                                                                cylinders with water
                                                                                capacities of up to
                                                                                120 cubic feet for
                                                                                use in transporting
                                                                                certain Class 2
                                                                                gases. (mode 1)
15343-N........................  .........  Bush Air Cargo,      49 CFR 173.241 and       To authorize the
                                             Inc., Anchorage,     173.242.                 transportation in
                                             AK.                                           commerce of Class 3
                                                                                liquid fuels in non-
                                                                                DOT specification
                                                                                collapsible, rubber
                                                                                containers up to 500
                                                                                gallon capacity by
                                                                                cargo aircraft within
                                                                                and to only remote
                                                                                Alaska locations.
                                                                                (mode 4)
15351-N........................  .........  Cooper-Atkins        49 CFR 173.4a..........  To authorize certain
                                             Corporation,                                  Division 2.1 and 2.2
                                             Middlefield, CT.                              materials to be
                                                                                transported as
                                                                                excepted quantities.
                                                                                (modes 3, 5)

15360-N........................  .........  FMC Corporation,     49 CFR 173.225.........  To authorize the
                                             Tonawanda, NY.                                transportation in
                                                                                commerce of a
                                                                                Division 5.1 organic
                                                                                peroxide in a nominal
                                                                                5,000 gallon DOT 412
                                                                                cargo tank equipped
                                                                                with special relief
                                                                                devices by motor
                                                                                vehicle. (mode 1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-12149 Filed 5-18-11; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Page 39705]
[FR Doc No: 2012-16454]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9696-4]

National Advisory Council for Environmental Policy and Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Advisory Committee Meeting.

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SUMMARY: Under the Federal Advisory Committee Act, Public Law 92463,
EPA gives notice of a public meeting of the National Advisory Council
for Environmental Policy and Technology (NACEPT). NACEPT provides
advice to the EPA Administrator on a broad range of environmental
policy, technology, and management issues. NACEPT represents diverse
interests from academia, industry, non-governmental organizations, and
state, local, and tribal governments. The purpose of this meeting is to
continue developing recommendations to the Administrator regarding
actions that EPA can take in response to the National Academy of
Sciences Report on ``Incorporating Sustainability in the U.S
Environmental Protection Agency.'' A copy of the agenda for the meeting
will be posted at http://www.epa.gov/ofacmo/nacept/cal-nacept.htm.

DATES: NACEPT will hold a two-day public meeting on Thursday, August 2,
2012, from 8:30 a.m. to 5 p.m. (ET) and Friday, August 3, 2012, from
8:30 a.m. to 2 p.m. (ET).

ADDRESSES: The meeting will be held at the EPA East Building, Room
2138, 1201 Constitution Avenue NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Mark Joyce, Acting Designated Federal
Officer<EMAIL_ADDRESS>(202) 564-2130, U.S. EPA, Office of
Federal Advisory Committee Management and Outreach (1601M), 1200
Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide
written comments to NACEPT should be sent to Eugene Green at
<EMAIL_ADDRESS>by Thursday, July 26, 2012. The meeting is open to
the public, with limited seating available on a first-come, first-
served basis. Members of the public wishing to attend should contact
Eugene Green at<EMAIL_ADDRESS>or<PHONE_NUMBER> by July 26,
2012.
    Meeting Access: Information regarding accessibility and/or
accommodations for individuals with disabilities should be directed to
Eugene Green at the email address or phone number listed above. To
ensure adequate time for processing, please make requests for
accommodations at least 10 days prior to the meeting.

    Dated: June 25, 2012.
Mark Joyce,
Acting Designated Federal Officer.
[FR Doc. 2012-16454 Filed 7-3-12; 8:45 am]
BILLING CODE 6560-50-P