[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Rules and Regulations]
[Page 27385]
[DOCID:fr11my06-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-53755]

Description of Duties of the General Counsel

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (Commission) is
amending its description of the duties of the General Counsel to
include preliminary investigations, in which no process is issued or
testimony compelled, where it appears that an attorney appearing and
practicing before the Commission may have violated Rule 102(e) of the
Commission's Rules of Practice. The Office of the General Counsel of
the Commission already has the authority to conduct Commission-
authorized proceedings and formal investigations under Section 21 of
the Securities Exchange Act of 1934 (Exchange Act), including for
violations by attorneys of Rule 102(e) of the Commission's Rules of
Practice.
    An amendment of the description of the duties of the General
Counsel to include preliminary investigations makes it clear that the
General Counsel may gather evidence in Rule 102(e) cases without
compulsory process where witnesses are willing to testify or provide
information voluntarily. This amendment would enable the General
Counsel to identify, through informal means, those matters that do not
warrant full-blown investigation and compulsory process.

DATES: Effective Date: May 3, 2006.

FOR FURTHER INFORMATION CONTACT: Laura Walker,<PHONE_NUMBER>, Office of
the General Counsel, Office of Litigation and Administrative Practice.

SUPPLEMENTARY INFORMATION: Section 21(a)(1) of the Exchange Act
authorizes the Commission to conduct investigations regarding
violations of the Exchange Act or its related rules or regulations.
Under 17 CFR 201.102(e), the Commission may discipline attorneys who
practice before it who lack integrity or competence, engage in improper
professional conduct, or who are determined to have violated the
Federal securities laws. Under 17 CFR 200.21(a), the General Counsel is
responsible for conducting administrative proceedings relating to the
disqualification of lawyers from practice before the Commission.
    The Commission is amending its description of the duties of the
General Counsel to include preliminary investigations, in which no
process is issued or testimony compelled, where it appears that an
attorney may have violated Rule 102(e) of the Commission's Rules of
Practice.
    The Commission finds, in accordance with the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)(3)(A), that this revision relates
solely to agency organization, procedures, or practices. It is
therefore not subject to the provision of the APA requiring notice and
opportunity for comment. Accordingly, it is effective May 3, 2006.

Text of Amendment

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations
(Government agencies).

0
For the reasons set out in the preamble, title 17, chapter II of the
Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

0
1. The authority citation for part 200, subpart A, continues to read in
part as follows:

    Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 79t, 80a-37, 80b-11, and 7202, unless otherwise
noted.
* * * * *

0
2. Section 200.21 is amended by revising the fourth sentence of
paragraph (a) to read as follows:

Sec.  200.21  The General Counsel.

    (a) * * * In addition, he or she is responsible for advising the
Commission at its request or at the request of any division director or
office head, or on his or her own motion, with respect to
interpretations involving questions of law; for the conduct of
administrative proceedings relating to the disqualification of lawyers
from practice before the Commission; for conducting preliminary
investigations, as described in 17 CFR 202.5(a), into potential
violations of 17 CFR 201.102(e) by attorneys; for the preparation of
the Commission comments to the Congress on pending legislation; and for
the drafting, in conjunction with appropriate divisions and offices, of
legislative proposals to be sponsored by the Commission. * * *
* * * * *

    By the Commission.

    Dated: May 3, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06-4399 Filed 5-10-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 77991-77992]
[FR Doc No: 2011-32152]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-224-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 12/07/11 Negotiated Rates--Sequent Energy Management--
RTS to be effective 12/8/2011.
    Filed Date: 12/7/11.
    Accession Number: 20111207-5122.
    Comments Due: 5 p.m. ET 12/19/11.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-217-001.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 12/07/11 Negotiated Rates--Freepoint Commodities--

Amendment Correction to be effective 12/1/2011.
    Filed Date: 12/7/11.
    Accession Number: 20111207-5125.
    Comments Due: 5 p.m. ET 12/19/11.

    Docket Numbers: RP11-2552-001.
    Applicants: Central New York Oil And Gas, LLC.
    Description: Notice of In-Service (Docket Nos. RP11-2530-000, RP11-
2552-001, RP11-2570-000) to be effective N/A.
    Filed Date: 12/7/11.
    Accession Number: 20111207-5092.
    Comments Due: 5 p.m. ET 12/19/11.

    Docket Numbers: RP12-218-001.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 12/07/11 Negotiated Rates--Conoco Phillips--Amendment
Correction to be effective 12/1/2011.
    Filed Date: 12/7/11.
    Accession Number: 20111207-5124.
    Comments Due: 5 p.m. ET 12/19/11.

    Docket Numbers: RP12-219-001.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 12/07/11 Negotiated Rates--Citigroup Energy--Amendment
Correction to be effective 12/2/2011.
    Filed Date: 12/7/11.
    Accession Number: 20111207-5123.
    Comments Due: 5 p.m. ET 12/19/11.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: December 8, 2011.
Nathaniel J. Davis, Sr.
Deputy Secretary
[FR Doc. 2011-32152 Filed 12-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16391-16392]
[FR Doc No: 2017-06603]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-79-000]

Florida Gas Transmission Company, LLC; Notice of Application

    Take notice that on March 16, 2017, Florida Gas Transmission
Company, LLC (FGT) 1300 Main Street, Houston, Texas 77002, filed in
Docket No. CP17-79-000, an application pursuant to sections 7(b) and
7(c) of the Natural Gas Act and Part 157 of the Commission's
regulations, for a certificate of public convenience and necessity to
construct and operate its Wekiva Parkway Relocation Project located in
Lake and Seminole Counties, Florida. The purpose of the Wekiva Parkway
Relocation Project is to resolve conflicts with the Florida Department
of Transportation construction of State Road 429, part of a new toll
road known as the Wekiva Parkway which conflicts with portions of FGT's
existing 12-inch and 26-inch Sanford Laterals and appurtenant
facilities. Specifically, FGT requests to relocate/replace
approximately 4.60 miles of 12-inch Sanford Lateral pipe and
approximately 3.16 miles of 26-inch Sanford Lateral Loop pipeline with
approximately 4.56 miles of 12-inch Sanford Lateral pipe and 3.12 miles
of 26-inch Sanford Later Loop pipeline facilities used to render
transportation services. FGT is proposing to abandon, relocate, and
replace portions of the affected Sanford Laterals by installing the
replacement lines adjacent to each other in new right of way, all as
more fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Blair Lichtenwalter, Senior Director of Regulatory, Florida Gas
Transmission Company, LLC, 1300 Main Street, Houston, Texas 77002, or
by phone:<PHONE_NUMBER>, or by fax:<PHONE_NUMBER> or by email:
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211)

and the Regulations under the NGA (18 CFR 157.10). A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies of all documents
filed by the applicant and by all other parties. A party must submit 7
copies of filings made with the Commission and must mail a copy to the
applicant and to every other party in the proceeding. Only parties to
the proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 19, 2017.

    Dated: March 29, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-06603 Filed 4-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65712]
[DOCID:fr23no07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC07-132-001]

Cottonwood Energy Company, LP, Dogwood Energy LLC, Magnolia
Energy LP, Redbud Energy LP; Notice of Filing

November 16, 2007.
    Take notice that on November 14, 2007, Cottonwood Energy Company,
LP, Dogwood Energy LLC, Magnolia Energy LP, and Redbud Energy LP,
tendered for filing an Application for Order Authorizing Blanket
Authorization of Certain Future Transactions under section 203 of the
Federal Power Act and Request for Waivers and Expedited Action for
blanket authorization of indirect dispositions of FERC-jurisdictional
facilities.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on November 26, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22833 Filed 11-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12142-12144]
[FR Doc No: 2011-4861]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29589]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

February 25, 2011.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
February 2011. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>. An order granting each application will be
issued unless the SEC orders a hearing. Interested persons may request
a hearing on any application by writing to the SEC's Secretary at the
address below and serving the relevant applicant with a copy of the
request, personally or by mail. Hearing requests should be received by
the SEC by 5:30 p.m. on March 22, 2011, and should be accompanied by
proof of service on the applicant, in the form of an affidavit or,

for lawyers, a certificate of service. Hearing requests should state
the nature of the writer's interest, the reason for the request, and
the issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Cohen & Steers Advantage Income Realty Fund, Inc. [File No. 811-9993]

Cohen & Steers Premium Income Realty Fund, Inc. [File No. 811-21074]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company. By July
24, 2009, each applicant had redeemed all of its outstanding preferred
shares. On December 18, 2009, each applicant transferred its assets to
Cohen & Steers Quality Income Realty Fund, Inc., based on net asset
value. Expenses of $232,022 and $255,944, respectively, incurred in
connection with the reorganizations were paid by each applicant.
    Filing Dates: The applications were filed on January 19, 2011 and
amended on February 14, 2011.
    Applicants' Address: 280 Park Ave., 10th Floor, New York, NY 10017.

Cohen & Steers Worldwide Realty Income Fund, Inc. [File No. 811-21595]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. By July 24,
2009, applicant had redeemed all of its outstanding preferred shares.
On March 12, 2010, applicant transferred its assets to Cohen & Steers
Quality Income Realty Fund, Inc., based on net asset value. Expenses of
$211,241 incurred in connection with the reorganization were paid by
applicant.
    Filing Dates: The application was filed on January 19, 2011 and
amended on February 14, 2011.
    Applicant's Address: 280 Park Ave., 10th Floor, New York, NY 10017.

Cohen & Steers REIT and Utility Income Fund, Inc. [File No. 811-21437]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. By July 24,
2009, applicant had redeemed all of its outstanding preferred shares.
On March 12, 2010, applicant transferred its assets to Cohen & Steers
Infrastructure Fund, Inc., based on net asset value. Expenses of
$475,015 incurred in connection with the reorganization were paid by
applicant.
    Filing Dates: The application was filed on January 19, 2011 and
amended on February 14, 2011 and February 18, 2011.
    Applicant's Address: 280 Park Ave., 10th Floor, New York, NY 10017.

PowerShares ACCE Global Listed Private Equity Fund [File No. 811-21709]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on February 3, 2011.
    Applicant's Address: 301 West Roosevelt Rd., Wheaton, IL 60187.

DWS Enhanced Commodity Strategy Fund, Inc. [File No. 811-21600]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 23,
2010, applicant transferred its assets to DWS Enhanced Commodity
Strategy Fund, a series of DWS Institutional Funds, based on net asset
value. Expenses of $527,000 incurred in connection with the
reorganization were paid by applicant.
    Filing Date: The application was filed on January 27, 2011.
    Applicant's Address: 345 Park Ave., New York, NY 10154.

Defenders Multi-Strategy Hedge Fund, LLC [File No. 811-21247]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On September
30, 2010, applicant transferred its assets, based on net asset value,
to a Delaware statutory trust formed pursuant to a trust agreement with
Ivy Asset Management LLC, applicant's investment adviser (``Liquidating
Trust''). Each shareholder of applicant received a pro rata beneficial
interest in the Liquidating Trust based on the percentage of
applicant's units owned by such shareholder as of September 30, 2010.
The Liquidating Trust will liquidate its assets and periodically
distribute the proceeds to the holders of beneficial interest of the
Trust. Expenses of $293,000 incurred in connection with the liquidation
were paid by Ivy Asset Management LLC.
    Filing Dates: The application was filed on October 12, 2010, and
amended on January 20, 2011 and February 7, 2011.
    Applicant's Address: 144 Glenn Curtiss Blvd., 7th Floor, Uniondale,
NY 11556.

Stock Car Stocks Mutual Fund, Inc. [File No. 811-8791]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 1, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $49,148 incurred in connection with the liquidation were
paid by applicant.
    Filing Dates: The application was filed on February 3, 2011, and
amended on February 22, 2011.
    Applicant's Address: 300 S. Orange Ave., Suite 1100, Orlando, FL
32801.

Jefferson National Life Annuity Account H [811-9693]

Jefferson National Life Annuity Account I [811-10213]

Jefferson National Life Annuity Account J [811-21498]

Jefferson National Life Annuity Account K [811-21500]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. The board of directors of the applicants'
depositor, Jefferson National Life Insurance Company, approved the
merger of each applicant into Jefferson National Life Annuity Account E
on September 16, 2010. The mergers were effected on November 19, 2010.
The depositor bore all expenses relating to the mergers.
    Filing Date: The applications were filed on December 9, 2010.
    Applicants' Address: 9920 Corporate Campus Drive, Suite 1000,
Louisville, Kentucky 40223.

Conseco Variable Insurance--Separate Account L [811-10271]

Jefferson National Life Advisor Variable Annuity Account [811-7615]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. The board of directors of the applicants'
depositor, Jefferson National Life Insurance Company, approved the
merger of each applicant into Jefferson National Life Annuity Account E
on September 16, 2010. The mergers were effected on November 19, 2010.
The depositor bore all expenses relating to the mergers.

    Filing Dates: The applications were filed on December 9, 2010, and
amended on February 11, 2011.
    Applicants' Address: 9920 Corporate Campus Drive, Suite 1000,
Louisville, Kentucky 40223.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-4861 Filed 3-3-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11768-11769]
[FR Doc No: 2019-05903]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14861-001]

FFP Project 101, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 14861-001.
    c. Date Filed: January 28, 2019.
    d. Submitted By: Rye Development on behalf of FFP Project 101, LLC.
    e. Name of Project: Goldendale Pumped Storage Project.
    f. Location: Off-stream (north side) of the Columbia River at River
Mile 215.6

in Klickitat County, Washington and Sherman County, Oregon,
approximately 8 miles southeast of the City of Goldendale. The project
would occupy 16.1 acres of lands administered by the Bonneville Power
Administration.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Erik Steimle, Rye Development, 220
NW 8th Avenue, Portland, Oregon 97209;<PHONE_NUMBER>; email_
<EMAIL_ADDRESS>    i. FERC Contact: Michael Tust at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. FFP Project 101, LLC (FFP) filed its request to use the
Traditional Licensing Process on January 28, 2019. FFP provided public
notice of its request on January 30, 2019 and January 31, 2019. In a
letter dated March 21, 2019, the Director of the Division of Hydropower
Licensing approved FFP's request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Washington State Historic Preservation Officer
and the Oregon State Historic Preservation Officer, as required by
section 106, National Historic Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating FFP as the Commission's
non-federal representative for carrying out informal consultation
pursuant to section 7 of the Endangered Species Act and section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. FFP filed a Pre-Application Document (PAD; including a proposed
process plan and schedule) with the Commission, pursuant to 18 CFR 5.6
of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: March 21, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-05903 Filed 3-27-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35831-35833]
[FR Doc No: 2019-15795]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0063; FRL-9996-96-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Nonattainment Permitting Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of Utah on March 27, 2014, and August 7, 2018. The
submittals revise the portions of the Utah Administrative Code (UAC)
that pertain to the issuance of Utah air quality permits for major
sources in nonattainment areas. This action is being taken under the
Clean Air Act (CAA or Act).

DATES: This final rule is effective on August 26, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0063. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The EPA is taking final action to fully approve two revisions
submitted by the State of Utah on March 27, 2014, and August 7, 2018.
The EPA published a proposed rulemaking for these submittals on June 5,
2019 (84 FR 26049). As stated in our proposed rulemaking, Utah
submitted revisions to their nonattainment New Source Review (NNSR)
permitting program on August 20, 2013. The August 20, 2013 submittal
added volatile organic compounds (VOCs) as a fine particulate matter
(PM2.5) precursor to the NNSR program; however, the
submittal did not establish a significant emissions rate (SER) for VOC
to determine when a modification at an existing major source would be a
major modification subject to NNSR review. On March 27, 2014, Utah
submitted a revision to address the omission and establish the VOC SER.
The EPA determined that Utah needed to submit further revisions to
address the remaining deficiencies in the NNSR permitting program in
order for the EPA to fully approve Utah's August 20, 2013 submittal.
These deficiencies are outlined in our proposed rulemaking.
    On September 30, 2016 Utah submitted to the EPA a letter committing
to address the remaining deficiencies in the State's nonattainment
permitting program in R307-403 that were not addressed in the August
20, 2013 submittal (see docket). Based on the September 30, 2016
commitment letter, on February 3, 2017 (82 FR 918), the EPA
conditionally approved Utah's August 20, 2013 submittal. On October 5,
2017 (82 FR 46417), we approved a June 29, 2017 submittal that, among
other things, addressed the deficiency in R307-403-6 identified in our
conditional approval.
    On August 7, 2018, Utah submitted further revisions to address the
remaining deficiencies in their NNSR program. This submittal also
provides a technical demonstration for exempting ammonia as a
PM2.5 precursor in the Logan, Utah-Idaho PM2.5
nonattainment areas and a technical basis for setting an ammonia SER of
70 tons per year in the Salt Lake City and Provo PM2.5
nonattainment areas.
    We provided a detailed explanation of the basis for our proposed
approval in our June 5, 2019, rulemaking, which will not be restated
here. See 84 FR 26049. We invited comment on all aspects of our
proposal and provided a 30-day comment period. The comment period ended
on July 5, 2019.

II. Response to Comments

    We received no comments during the public comment period.

III. Final Action

    As outlined in our proposed rulemaking, the EPA is taking final
action to approve the addition of new and revised rules and renumbering
to rules R307-101 and R307-403 that were submitted by Utah on March 27,
2014 and August 7, 2018. This final action, in tandem with our October
5, 2017 approval of R307-403-6, converts the

February 3, 2017 conditional approval to a full approval.
    Specifically, we are taking final action to approve the following
revisions: R307-101 (General Requirements)--R307-101-2 (Definitions);
R307-403 (Permits: New and Modified Sources in Nonattainment Areas and
Maintenance Areas)--R307-403-1 (Purpose and Definitions): R307-403-
1(1)-(3), R307-403-1(4)(b), R307-403-1(4)(c); R307-403-2
(Applicability): R307-403-2(1), R307-403-2(6)(d); R307-403-2(10); R307-
403-2(10)(a)-(c); R307-403-2(13); R307-403-3 (Review of Major Sources
of Air Quality Impact): R307-403-3, R307-403-3(1), R307-403-3(3), R307-
403-3(3)(a), R307-403-3(c), R307-403-3(d), R307-403-3(3)(e); R307-403-4
(Offsets: General Requirements): R307-403-4(1), R307-403-4(2), R307-
403-4(3), R307-403-4(4); R307-403-5 (Offsets: Particulate Matter
Nonattainment Areas): R307-403-5(1), R307-403-5(1)(a), R307-403-
5(1)(b), R307-403-5(1)(c), R307-403-5(1)(d), R307-403-5(1)(e), R307-
403-5(2), R307-403-5(2)(a), R307-403-5(2)(b), R307-403-5(2)(b)(i)-
(iii), R307-403-5(2)(d), R307-403-5(4)(a), R307-403-5(4)(b), R307-403-
5(4)(d), R307-403-5(e), R307-403-5(f); R307-403-7 (Offsets: Baseline);
and R307-403-9 (Construction in Stages).

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
State of Utah's revisions to its State Implementation Plan as described
in section III. of this preamble. The EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 23, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 19, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart TT--Utah

0
2. Section 52.2320(c) is amended in the table:

0
a. Under the centered heading ``R307-101. General Requirements,'' by
revising the entry for ``R307-101-2.''
0
b. Under the centered heading ``R307-403. Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas'':
0
i. By revising the entries for ``R307-403-1'' and ``R307-403-2;''
0
ii. By adding in numerical order entries for ``R307-403-3;'' ``R307-
403-4;'' and ``R307-403-5;''
0
iii. By revising the entry for ``R307-403-6;''
0
iv. By adding in numerical order entries for ``R307-403-7'' and ``R307-
403-9;'' and
0
v. By revising the entries for ``R307-403-10'' and ``R307-403-11.''
    The revisions and additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                         State
          Rule No.                 Rule title          effective     Final rule citation,         Comments
                                                         date                date
----------------------------------------------------------------------------------------------------------------
                                         R307-101. General Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R307-101-2.................  Definitions..........      08/02/2018  [Insert Federal
                                                                     Register citation],
                                                                     7/25/2019..

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
            R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R307-403-1.................  Purpose and                08/02/2018  [Insert Federal
                              Definitions.              12/04/2013   Register citation],
                                                                     7/25/2019.
R307-403-2.................  Applicability........      08/02/2018  [Insert Federal
                                                                     Register citation],
                                                                     7/25/2019.
R307-403-3.................  Review of Major            08/02/2018  [Insert Federal
                              Sources of Air                         Register citation],
                              Quality Impact.                        7/25/2019.
R307-403-4.................  Offsets: General           08/02/2018  [Insert Federal
                              Requirements.                          Register citation],
                                                                     7/25/2019.
R307-403-5.................  Offsets: Particulate       08/02/2018  [Insert Federal
                              Matter Nonattainment                   Register citation],
                              Areas.                                 7/25/2019.
R307-403-6.................  Offsets: Ozone             08/02/2018  [Insert Federal
                              Nonattainment Areas.                   Register citation],
                                                                     7/25/2019.
R307-403-7.................  Offsets: Baseline....      08/02/2018  [Insert Federal
                                                                     Register citation],
                                                                     7/25/2019.
R307-403-9.................  Construction in            08/02/2018  [Insert Federal
                              Stages.                                Register citation],
                                                                     7/25/2019.
R307-403-10................  Analysis of                08/02/2018  [Insert Federal
                              Alternatives.                          Register citation],
                                                                     7/25/2019.
R307-403-11................  Actual PALS..........      08/02/2018  [Insert Federal
                                                                     Register citation],
                                                                     7/25/2019.

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

* * * * *
[FR Doc. 2019-15795 Filed 7-24-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Page 54029]
[FR Doc No: 2019-21765]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2019-0763]

Special Local Regulations for Marine Events; San Francisco Bay
Navy Fleet Week Parade of Ships and Blue Angels Demonstration, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the special local regulations in
the navigable waters of the San Francisco Bay for the San Francisco Bay
Navy Fleet Week Parade of Ships and Blue Angels Demonstration from
October 10 through October 13, 2019. This action is necessary to ensure
the safety of event participants and spectators. During the enforcement
period, unauthorized persons or vessels are prohibited from entering
into, transiting through, or anchoring in the regulated area, unless
authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 100.1105 will be enforced from 12:30
p.m. until 5 p.m. on October 10, 2019; from 10:30 a.m. until 4 p.m. on
October 11, 2019; and from 11:30 p.m. until 4 p.m. on each of two days,
October 12 and October 13, 2019, as identified in the SUPPLEMENTARY
INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Jennae Cotton,
Waterways Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the annual San Francisco Bay Navy Fleet Week
Parade of Ships and Blue Angels Demonstration in 33 CFR 100.1105.
    Regulations for the Navy Parade of Ships will be enforced from
10:30 a.m. until 12 p.m. on October 11, 2019; the U.S. Navy Blue Angels
Activities will be enforced from 12:30 p.m. until 5 p.m. on October 10,
2019, from 12 p.m. until 4 p.m. on October 11, 2019, and from 11:30
p.m. until 4 p.m. on each of two days, October 12 and October 13, 2019.
    Regulated area ``Alpha'' will be enforced during the Navy Parade of
Ships and is bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
37[deg]48'40'' N                     122[deg]28'38'' W
37[deg]49'10'' N                     122[deg]28'41'' W
37[deg]49'31'' N                     122[deg]25'18'' W
37[deg]49'06'' N                     122[deg]24'08'' W
37[deg]47'53'' N                     122[deg]22'42'' W
37[deg]46'00'' N                     122[deg]22'00'' W
37[deg]46'00'' N                     122[deg]23'07'' W
------------------------------------------------------------------------

And thence along the shore to the point of beginning.
    Under the provisions of 33 CFR 100.1105, except for persons or
vessels authorized by the PATCOM, in regulated area ``Alpha'' no person
or vessel may enter the parade route or remain within 500 yards of any
Navy parade vessel. No person or vessel shall anchor, block, loiter in,
or impede the through transit of ship parade participants or official
patrol vessels in regulated area ``Alpha.''
    Regulated area ``Bravo'' will be enforced during the Blue Angels
Demonstration and is bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
37[deg]48'27.5'' N                   122[deg]24'04'' W
37[deg]49'31'' N                     122[deg]24'18'' W
37[deg]49'00'' N                     122[deg]27'52'' W
37[deg]48'19'' N                     122[deg]27'40'' W
------------------------------------------------------------------------

And thence along the pierheads and bulwarks to the point of beginning.
    Except for persons or vessels authorized by the PATCOM, no person
or vessel may enter or remain within regulated area ``Bravo.''
    When hailed or signaled by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, a person or vessel shall
come to an immediate stop. Persons or vessels shall comply with all
directions given; failure to do so may result in expulsion from the
area, citation for failure to comply, or both. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    The PATCOM shall be designated by the Commander, Coast Guard Sector
San Francisco, California. The PATCOM is empowered to forbid and
control the movement of all vessels in the regulated areas.
    This document is issued under authority of 33 U.S.C. 1233. In
addition to this notification in the Federal Register, the Coast Guard
will provide the maritime community with extensive advance notification
of the regulated areas and their enforcement periods via Notice to
Mariners.

    Dated: September 30, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-21765 Filed 10-8-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31352-31354]
[FR Doc No: 2018-14331]

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

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0441; FRL-9980-34--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Infrastructure Requirements for the 2012 Fine Particulate
Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) submission from Maryland
addressing the infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. EPA is proposing to approve Maryland's submittal addressing the
infrastructure requirements for the 2012 PM2.5 NAAQS in
accordance with the requirements of section 110 of the CAA.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0441 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,

comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Particle pollution, also referred to as particulate matter (PM), is
a complex mixture of small particles and liquid droplets suspended in
the air, which causes adverse health effects and is the leading cause
of visibility impairment in the United States. Particles with a
diameter equal to or less than 2.5 microns referred to as fine
particulate matter or PM2.5, are either emitted directly
into the atmosphere or are formed from the chemical reactions of
precursor gases, such as sulfur dioxide (SO2), nitrogen
oxides (NOX), certain volatile organic compounds (VOCs), and
ammonia, in the atmosphere. SO2 and NOX are the
primary precursors for the formation of PM2.5 and are
emitted primarily from point sources as well as nonpoint, onroad, and
nonroad sources.
    On July 18, 1997, EPA promulgated a new 24-hour and a new annual
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA
revised the NAAQS for PM2.5, tightening the 24-hour
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5
NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 14,
2012, EPA revised the level of the health based (primary) annual
PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 3086 (January 15,
2013).\1\
---------------------------------------------------------------------------

    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address particulate matter (PM) related effects
such as visibility impairment, ecological effects, damage to
materials, and climate impacts. This includes a secondary annual
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [micro]g/
m\3\.
---------------------------------------------------------------------------

    Pursuant to section 110(a)(1), states must submit ``within 3 years
(or such shorter period as the Administrator may prescribe) after the
promulgation of a national primary ambient air quality standard (or any
revision thereof),'' a plan that provides for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions and the
requirements to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address. EPA commonly refers to such state
plans as ``infrastructure SIPs.''

II. Summary of SIP Revision and EPA Analysis

    On August 18, 2016, the State of Maryland, through the Maryland
Department of the Environment (MDE), formally submitted a SIP revision
in order to satisfy the requirements of section 110(a) of the CAA for
the 2012 PM2.5 NAAQS. The SIP submittal addressed the
following infrastructure elements for the 2012 PM2.5 NAAQS:
CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
    Maryland's infrastructure SIP submittal did not address the
following two elements of CAA section 110(a)(2): The portion of section
110(a)(2)(C) pertaining to permit programs, known as nonattainment new
source review (NNSR), under part D of the CAA and section 110(a)(2)(I),
referred to as ``element (I),'' pertaining to the nonattainment
requirements of part D, title I of the CAA. According to the EPA
guidance issued on September 13, 2013 (2013 Infrastructure
Guidance),\2\ the NNSR permitting program requirement of section
110(a)(2)(C) is to be addressed in a different SIP, therefore does not
need to be addressed in this SIP revision. Section 110(a)(2)(I) is not
required to be submitted by the 3-year submission deadline of CAA
section 110(a)(1) and will be addressed in a separate process if
necessary.
---------------------------------------------------------------------------

    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    EPA is proposing to approve Maryland's August 18, 2016
infrastructure SIP submittal for the 2012 PM2.5 NAAQS. A
detailed summary of EPA's review and rationale for approving Maryland's
submittal may be found in the Technical Support Document (TSD) for this
rulemaking action, which is available online at www.regulations.gov,
Docket ID Number EPA-R03-OAR-2017-0441.

III. Proposed Action

    EPA's review of Maryland's August 18, 2016 infrastructure SIP
submittal for the 2012 PM2.5 NAAQS indicates that MDE's
August 18, 2016 submittal satisfies the infrastructure requirements of
CAA section 110(a) for the 2012 PM2.5 NAAQS. Therefore, EPA
is proposing to approve Maryland's infrastructure SIP submittal for the
2012 PM2.5 NAAQS. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);

     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, which proposes approval of
Maryland's infrastructure SIP submittal for the 2012 PM2.5
NAAQS, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-14331 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P


PBT Profiler Criteria Introduction The PBT Profiler is a screening level tool that provides estimates of the persistence, bioaccumulation, and toxicity potential of chemical compounds and is designed to be used when no data are available. In order to help interested parties make informed decision on a chemical's PBT characteristics, the PBT profiler automatically identifies chemicals that may persist in the environment and bioaccumulate in the food chain. These chemicals are identified using thresholds published by the EPA. By comparing the estimated persistence and bioaccumulation provided by the PBT Profiler, interested parties can rapidly obtain information to make informed judgments on the PBT characteristics of the chemicals under consideration. This screening assessment can be used early in the decision making process to help users better focus resources and identify pollution prevention opportunities.

The thresholds the PBT profiler uses to highlight chemicals that may persist and/ or bioaccumulate in the environment are based information published by the EPA in the Federal Register. The first policy statement is a new category for PBT substances for the review of Premanufacture Notices (PMNs) submitted under section 5 of the Toxics Substances Control Act (TSCA). The second is a final rule that added several chemicals with PBT characteristics and lowered reporting thresholds for certain PBT chemicals that were already listed on the Toxics Release Inventory (TRI), under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). The criteria published in these two Federal Register notices are comparable.

The PBT profiler uses a different set of criteria to highlight chemicals that may be toxic. These criteria are based on the scientific principles and quantitative structure activity relationships that have been used to screen for toxicity in EPA's New Chemical Program for over 20years.

The follow sections provide an overview of the persistence, bioaccumulation, and toxicity criteria the PBT Profiler uses to highlight chemicals. Extensive discussions of the scientific basis for the persistence and bioaccumulation criteria are provided in the EPA notices discussed herein. Interested parties are invited to read the full text of these notices, which are available on line using the links provided. A discussion of how the PBT Profiler estimates persistence, bioaccumulation, and toxicity is provided in the PBT Methodology section Persistence Criteria To highlight a chemical that may persist in the environment, the PBT profiler uses criteria set forth by the EPA in the Federal Register. An overview of these criteria as presented in a final rule and a policy statement on a new PBT category for new chemicals is provided below. The user is encouraged to follow the links to the Federal Register documents to gain insight on the scientific rationale for the persistence criteria, details on the actions they describe, and other persistence criteria that have been brought forward by other domestic and international organizations The persistence criteria for EPA's policy statement on a new PBT category for Premanufacture Notices are: [Category for Persistent, Bioaccumulative, and Toxic New Chemical Substances, Federal Register: November 4, 1999 (Volume 64, Number 213), pages 60194 60204.]

TSCA Section 5 Action 5 (e) Order/ Significant New Use Rule (SNUR) Ban Pending Testing Half life in water, soil, and sediment Half life > 2 Months Half life > 6 months The persistence criteria for EPA's final rule for TRI reporting are: [ Persistent Bioaccumulative Toxic (PBT) Chemicals; Lowering of Reporting Thresholds for Certain PBT Chemicals; Addition of Certain PBT Chemicals; Community Right to Know Toxic Chemical Reporting: Final rule, Federal Register: October 29, 1999 (Volume 64, Number 209), pages 58666 58753.]

Considered Persistent Considered Very Persistent Half life in water, soil, and sediment Half life >= 2 Months Half life> 6 months Half life in Air Half life > 2 days The PBT Profiler combines the persistence criteria for water, soil, and sediment provided above and highlights chemicals with an estimated half life >= 2 months and < 6 months in orange text and those with an estimated half life > = 6 months in red. The half life in air is not used in the PBT Profiler's Persistence estimate. The PBT Profiler uses 30 days in a month for its comparisons.

The PBT Profiler also estimates a chemical's Characteristic Travel distance (CTD) in air an expression of a its long range transport (LRT) potential. The criteria the PBT Profiler uses to asses CTD have recently been published [Beyer A., Mackay, D., Matthies, M., Wania, F. and Webster, W Assessing Long range Transport Potential of Persistent Organic Pollutants. Environmental Science and Technology. 34: 699 703 (2000)]. High (Long CTD) Moderate (intermediate CTD) Low (short CTD)

CTD > 2,000 Km >= 700 and <= 2, 000 Km < 700 Km In this classification scheme, a CTD of >2, 000 was chosen to be representative of the long range transport potential typically associated with persistent organic pollutants (POPs).

Bioaccumulation Criteria To highlight a chemical that may bioaccumulate in the food chain, the PBT profiler uses criteria set forth by the EPA in the Federal Register. These criteria use a bioconcentration factor (BCF) as the indicator of a chemical's potential to bioaccumulate. An overview of these criteria as presented in a final rule and a policy statement is provided below. The user is encouraged to follow the links to the Federal Register documents to gain insight on the scientific rationale for the bioaccumulation criteria, details on the actions they describe, and other bioaccumulation criteria that have been brought forward by other domestic and international organizations.

The bioaccumulation criteria for EPA's policy statement on Premanufacture Notices are: [Category for Persistent, Bioaccumulative, and Toxic New Chemical Substances, Federal Register: November 4, 1999 (Volume 64, Number 213), pages 60194 60204.]

TSCA Section 5 Action 5 (e) Order/ Significant New Use Rule (SNUR) Ban Pending Testing Bioconcentration factor (BCF) >= 1, 000 >= 5, 000 The bioaccumulation criteria for EPA's rule for TRI reporting are: [ Persistent Bioaccumulative Toxic (PBT) Chemicals; Lowering of Reporting Thresholds for Certain PBT Chemicals; Community Right to Know Toxic Chemical Reporting: Final rule Federal Register: October 29, 1999 (Volume 64, Number 209), pages 58666 58753.]

Considered Bioaccumulative Considered Very Bioaccumulative Bioconcentration factor (BCF) > = 1, 000 > 5, 000 The PBT Profiler combines the bioaccumulation criteria provided above and highlights chemicals with a BCF >= 1, 000 and < 5,000 in orange text and those with a BCF > = 5,000 in red.

Toxicity To highlight a chemical that may be toxic to aquatic organisms, the PBT profiler uses criteria developed in EPA's New Chemical Program [Clements, R. G.; Nabholz, J. V.; Johnson, D. E.; and Zeeman, M. G. The Use of Quantitative Structure Activity Relationships (QSARs) as Screening Tools in Environmental Assessment. Environmental Toxiciology and Risk Assessment, 2nd Vol., edited by J. W. Gorsuch, F. J. Dwyer, C. G. Ingersoll, and T. W. LaPoint, pp 555 570. ASTM STP 1216. Philadelphia: American Society for Testing and Materials, 1993]. The criteria used in the New Chemicals Program are:

Low Concern Moderate Concern High Concern Fish ChV (mg/ l) > 10 mg/ l 0. 1  10 mg/ l < 0. 1 mg/ l Developed by the Environmental Science Center under contract to the Office of Pollution Prevention and Toxics , U. S. Environmental Protection Agency Computer Resources Donated by Syracuse Research Corporation Ver 0. 911 BetaR Restricted Access Last Updated April 18, 2001


[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Notices]
[Page 340-342]
[DOCID:fr04ja06-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0299; FRL-7750-6]

Notice of Filing of Pesticide Petitions for Establishment of
Regulations for Residues of Trifloxystrobin in or on Corn and Soybeans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment of regulations for residues of
the fungicide trifloxystrobin in or on corn and soybeans.

DATES: Comments must be received on or before February 3, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0299 and pesticide petition (PP) numbers PP
4F6892 and PP 5F6956, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0299. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. 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 number EPA-HQ-OPP-
2005-0299. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov 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 e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be captured automatically

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects

or viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/docket.htm/
.

    Docket: All documents in the docket are listed in the
http://www.regulation.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Public Information and

Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Janet Whitehurst, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of

the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify this document by docket ID number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment of regulations in 40 CFR part
180 for residues of the fungicide trifloxystrobin in or on corn and
soybean commodities. EPA has determined that these pesticide petitions
contain data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov/. To locate this information on the home

page of EPA's Electronic Docket, select ``Quick Search'' and type the
OPP docket ID number ``EPA-HQ-OPP-2005-0299'' in the search field. Once
the search has located the docket, clicking on the ``Docket ID'' will
bring up a list of all documents in the docket for the pesticide
including the petition summary.

New Tolerance

    1. PP 4F6892. Bayer CropScience, P.O. Box 12014, 2 T.W. Alexander
Drive, Research Triangle Park, NC 27709, proposes to establish a
tolerance for residues of the fungicide trifloxystrobin in or on the
food commodities corn, sweet (kernel plus cob with husks removed) at
0.04 parts per million (ppm); corn, sweet, forage at 0.6 ppm; and corn,
sweet, stover at 0.25 ppm. A practical analytical method for detecting
and measuring levels of trifloxystrobin in or on raw agricultural
commodities has been submitted to the Agency. The limit of detection
(LOD) for each analyte of this method is 0.08 ng injected, and the
limit of quantitation (LOQ) is 0.02 ppm. The method is based on crop-
specific cleanup procedures and determination by gas chromatography
with nitrogen-phosphorus detection.
    2. PP 5F6956. Bayer CropScience, P.O. Box 12014, 2 T.W. Alexander
Drive, Research Triangle Park, NC 27709, proposes to establish a
tolerance for residues of the fungicide trifloxystrobin in or on
soybean, seed at 0.08 ppm; soybean, forage at 8.0 ppm; soybean, hay at
20.0 ppm; and soybean, grain aspirated fractions at 4.2 ppm. A
practical analytical method for detecting and measuring levels of
trifloxystrobin in or on raw agricultural commodities has been
submitted to the Agency. The LOD for each analyte of this method is
0.08 ng injected, and the LOQ is 0.02 ppm. The method is based on crop-
specific cleanup procedures and determination by gas chromatography
with nitrogen-phosphorus detection.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: December 22, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E5-8273 Filed 1-3-06; 8:45 am]

BILLING CODE 6560-50-S