[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41185-41186]
[FR Doc No: 2023-13363]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2023-0471; Summary Notice No. 2023-22

Petition for Exemption; Summary of Petition Received; 417 Drone
Imaging LLC

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's

awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion nor omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 13, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-0471
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Angela O. Anderson,
Director, Regulatory Support Division, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2023-0471.
    Petitioner: 417 Drone Imaging LLC.
    Section(s) of 14 CFR Affected: Sec. Sec.  48.110(a)(6) and
48.110(a)(7).
    Description of Relief Sought: 417 Drone Imaging LLC seeks relief
from 14 CFR 48.110(a)(6) and 48.110(a)(7) to apply a single
registration number to all small unmanned aircraft system (sUAS),
weighing less than 55 pounds, in their system to commercially operate a
multiple sUAS swarm drone light show.

[FR Doc. 2023-13363 Filed 6-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38690-38691]
[FR Doc No: 2018-16819]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2066-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Minco Wind IV,
LLC

    This is a supplemental notice in the above-referenced proceeding of
Minco Wind IV, 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 August 16, 2018.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website 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 protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16819 Filed 8-6-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Notices]
[Page 41763-41765]
[DOCID:fr18au09-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60457; File No. SR-NYSE-2009-76]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Deleting NYSE Rule 409A and Adopting New Rule 2266 To Correspond With
Rule Changes Recently Filed by the Financial Industry Regulatory
Authority, Inc.

August 7, 2009.

    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'')\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 28, 2009, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to proposes to [sic] delete NYSE Rule 409A
and to adopt new Rule 2266 to correspond with rule changes recently
filed by the Financial Industry Regulatory Authority, Inc. (``FINRA'')
and approved by the Commission.\4\ The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and http://www.nyse.com.
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    \4\ See Securities Exchange Act Release No. 59987 (May 27,
2009), 74 FR 26902 (June 4, 2009) (order approving FINRA 2009-016).
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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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to delete NYSE Rule 409A
and to adopt new Rule 2266 to correspond with rule changes recently
filed by FINRA and approved by the Commission.
Background
    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the Act,
NYSE, NYSER and FINRA entered into an agreement (the ``Agreement'') to
reduce regulatory duplication for their members by allocating to FINRA
certain regulatory responsibilities for certain NYSE rules and rule
interpretations (``FINRA Incorporated NYSE Rules'').\5\ As part of its
effort to reduce regulatory duplication and relieve firms that are
members of both FINRA and the Exchange of conflicting or unnecessary
regulatory burdens, FINRA is now engaged in the process of reviewing
and amending the NASD and FINRA Incorporated NYSE Rules in order to
create a consolidated FINRA rulebook.\6\
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    \5\ See Securities Exchange Act Release No. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement)
and Securities Exchange Act Release No. 56147 (July 26, 2007), 72 FR
42166 (August 1, 2007) (SR-NASD-2007-054) (order approving the
incorporation of certain NYSE Rules as ``Common Rules''). Paragraph
2(b) of the 17d-2 Agreement sets forth procedures regarding proposed
changes by either NYSE or FINRA to the substance of any of the
Common Rules.
    \6\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
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Proposed Conforming Amendments to NYSE Rules
    As discussed in more detail below, FINRA amended certain NASD and
FINRA Incorporated NYSE Rules and adopted consolidated FINRA Rules to
replace them. The NYSE hereby proposes to delete NYSE Rule 409A and to
adopt new Rule 2266 to conform to the changes adopted by FINRA.\7\
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    \7\ NYSE Amex LLC has submitted a companion rule filing to
conform its corresponding NYSE Amex Equities Rules to the changes
proposed in this filing. See SR-NYSE-Amex-2009-52, formally
submitted July 28, 2009).

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    In relevant part, FINRA adopted NASD Rule 2342 (SIPC Information)
as consolidated FINRA Rule 2266.\8\ FINRA Rule 2266 requires all FINRA
members, except for those members that are not Securities Investor
Protection Corporation (``SIPC'') members or whose business consists
exclusively of the sale of investments that are not subject to SIPC
protection, to advise all new customers in writing at the time they
open an account that they may obtain information about SIPC by
contacting SIPC and to provide such customers with SIPC's contact
information. Such information must also be provided annually to all
existing customers. Where both an introducing firm and a clearing firm
service the same account, the firms may assign these requirements to
one or the other firm.\9\
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    \8\ In its filing, FINRA also adopted NASD Rules 2130 (Obtaining
an Order of Expungement of Customer Dispute Information from the
Central Registration Depository (CRD System)), 2810 (Direct
Participation Programs) and 3115 (Requirements for Alternative
Trading Systems to Record and Transmit Order and Execution
Information for Security Futures) as consolidated FINRA Rules 2080,
2310 and 4551, respectively. See Securities Exchange Act Release No.
59987 (May 27, 2009), 74 FR 26902 (June 4, 2009). NYSE is not
adopting these FINRA Rules.
    \9\ See Securities Exchange Act Release No. 59987 (May 27,
2009), 74 FR 26902 (June 4, 2009).
---------------------------------------------------------------------------

    Because it is substantively similar to this new FINRA Rule, FINRA
deleted FINRA Incorporated NYSE Rule 409A (SIPC Disclosures). In
particular, FINRA Incorporated NYSE Rule 409A requires member
organizations to advise each customer in writing, upon the opening of
an account and annually thereafter, that they may obtain information
about SIPC and to provide such customers with SIPC's contact
information. Similar to FINRA Rule 2266, where a clearing agreement is
in place, these requirements may be assigned to either the introducing
or clearing firm. However, FINRA Incorporated NYSE Rule 409A does not
contain the exclusions in FINRA Rule 2266.\10\
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    \10\ See Securities Exchange Act Release No. 59987 (May 27,
2009), 74 FR 26902 (June 4, 2009).
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    FINRA deleted FINRA Incorporated NYSE Rule 409A because it believes
that FIRNA [sic] Rule 2266, which includes the exclusionary provisions
for non-SIPC members or members that sell exclusively non-SIPC
securities, is the more appropriate rule for its members.\11\
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    \11\ See Securities Exchange Act Release No. 59987 (May 27,
2009), 74 FR 26902 (June 4, 2009).
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    To harmonize the NYSE Rules with the approved FINRA Rules, the
Exchange correspondingly proposes to delete NYSE Rule 409A and to adopt
proposed NYSE Rule 2266, which is substantially similar to the new
FINRA Rule. As proposed, NYSE Rule 2266 adopts the same language as
FINRA Rule 2266, except for substituting for or adding to, as needed,
the term ``member organization'' for the term ``member'', and making
corresponding technical changes. As with the consolidated FINRA Rule,
under proposed NYSE Rule 2266 Exchange members and member organizations
will be required to provide SIPC disclosures to all new customers upon
opening an account and to existing customers on an annual basis.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with Section 6(b) of the Act,\12\ in general, and further the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that
they are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The proposed rule changes also support the principles
of Section 11A(a)(1) \14\ of the Act in that they seek to ensure the
economically efficient execution of securities transactions and fair
competition among brokers and dealers and among exchange markets.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78k-1(a)(1).
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    The Exchange believes that the proposed rule changes support the
objectives of the Act by providing greater harmonization between NYSE
Rules and FINRA Rules (including Common Rules) of similar purpose,
resulting in less burdensome and more efficient regulatory compliance
for Dual Members. To the extent the Exchange has proposed changes that
differ from the FINRA version of the Rule, such changes are technical
in nature and do not change the substance of the proposed NYSE Rule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\17\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied the requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\19\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Acceleration of the operative date
will allow the immediate change of the NYSE's rule to make it
consistent with the FINRA rule, thereby making compliance for dual
members less burdensome. For these reasons, the Commission designates
the proposal to be effective and operative upon filing.\20\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay of
the proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. 15 U.S.C.
78c(f).

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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-76 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2009-76. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of NYSE. 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-NYSE-2009-76 and should be
submitted on or before September 8, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19730 Filed 8-17-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52187-52188]
[DOCID:fr12se07-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56368; File No. SR-ISE-2007-81]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

 September 6, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 4, 2007, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the
Exchange. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2) thereunder \4\
which renders it effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 1 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to remove the
surcharge fee for transactions in options on the iShares Lehman
Brothers 1-3 Year Treasury Bond Fund, the iShares Lehman Brothers 7-10
Year Treasury Bond Fund and the iShares Lehman Brothers 20+ Year
Treasury Bond Fund. The text of the proposed rule change is available
at the Exchange, the Commission's Public Reference Room, and at the
Exchange's Web site (http://www.ise.com).

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 IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to remove
the surcharge fee previously adopted for transactions in options on the
iShares Lehman Brothers 1-3 Year Treasury Bond Fund (``SHY''), the
iShares Lehman Brothers 7-10 Year Treasury Bond Fund (``IEF''), and the
iShares Lehman Brothers 20+ Year Treasury Bond Fund (``TLT'').\5\ The
Exchange is proposing to remove the surcharge fee from its Schedule of
Fees because it no longer pays a license fee to Lehman Brothers, Inc.
in connection with transactions in options on SHY, IEF, and TLT.
Accordingly, there is no longer a need for this surcharge fee. The
Exchange will, however, continue to charge an execution fee and a
comparison fee for transactions in options on SHY, IEF and TLT.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 49755 (May 21,
2004), 69 FR 30970 (June 1, 2004).

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2. Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) that an exchange have an equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities.

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

    The proposed rule change does not 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 has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because it establishes or changes a due, fee, or other charge
applicable only to a member, the foregoing rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(2) \7\ thereunder. At any time within 60 days of the filing of
such proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-ISE-2007-81 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-ISE-2007-81. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the ISE. 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-ISE-2007-81 and should be
submitted on or before October 3, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-17939 Filed 9-11-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Proposed Rules]
[Pages 41337-41343]
[FR Doc No: 2012-16950]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0847; FRL-9697-8]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control Technique Guidelines for Plastic Parts, Metal
Furniture, Large Appliances, and Miscellaneous Metal Parts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Delaware State
Implementation Plan (SIP) submitted by the Delaware Department of
Natural Resources and Environmental Control (DNREC) on April 1, 2010
and March 9, 2012. These SIP revisions consist of amendments to
Delaware's regulation for the Control of Volatile Organic Compounds
(VOC) and meet the

requirement to adopt reasonably available control technology (RACT) for
sources covered by EPA's Control Techniques Guidelines (CTG) standards
for the following categories: Plastic Parts, Metal Furniture, Large
Appliances, and Miscellaneous Metal Parts. These amendments will reduce
emissions of VOC from these source categories and help Delaware attain
and maintain the national ambient air quality standard (NAAQS) for
ozone. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0847 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2010-0847, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
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-R03-OAR-
2010-0847. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What action is EPA taking?
II. What is the background for this action?
III. Description of the SIP Revisions Submitted by the State of
Delaware
IV. What is EPA's evaluation of the State submittal?
V. Proposed Action
VI. Statutory and Executive Order Review

I. What action is EPA taking?

    EPA is proposing to approve revisions to the Delaware SIP submitted
by DNREC on April 1, 2010 and March 9, 2012, adopting the requirements
of EPA's CTGs for the coating of plastic parts, metal furniture, large
appliances, and miscellaneous metal parts, as RACT for these source
categories. Specifically, DNREC is amending its Regulation No. 1124,
Control of Volatile Organic Compounds, to incorporate the requirements
of EPA's CTGs for the above mentioned source categories. CTGs are
documents issued by EPA that provide guidance to States concerning what
types of controls could constitute RACT for VOC from various sources,
including plastic parts, metal furniture, large appliances, and
miscellaneous metal parts. EPA requires all ozone nonattainment areas
to update regulations for emission sources covered in an EPA CTG and to
submit the regulations to EPA for approval as SIP revisions. The
revisions to Delaware's Regulation 1124 include amendments to sections
2.0, ``Definitions,'' 12.0, ``Surface Coating of Plastic Parts,'' 19.0,
``Coating of Metal Furniture,'' 20.0, ``Coating of Large Appliances,''
and 22.0, ``Coating of Miscellaneous Metal Parts.'' These amendments
will reduce the VOC content of currently regulated coatings, regulate
additional coating categories, require the use of coating application
equipment that provides for high transfer efficiency, and require that
clean-up solvent emissions be included in regulatory applicability
determinations.

II. What is the background for this action?

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) of the
CAA provides that for certain nonattainment areas, states must revise
their SIPs to include RACT for VOC sources covered by any CTG document
issued after November 15, 1990 and prior to the area's date of
attainment. Section 183(e) of the CAA provides that states may issue a
CTG in lieu of a national regulation for a product category where EPA
determines that a CTG will be substantially as effective as regulations
in reducing emissions of VOC in ozone nonattainment areas. In
developing these CTGs, EPA, among other things, evaluates the sources
of VOC emissions from these categories, and the available control
approaches for addressing these emissions, including the cost of such
approaches. Based on available information and data, EPA provides
recommendations for RACT for VOC from these categories. States can
follow the CTGs and adopt State regulations to implement the
recommendations contained therein, or they can adopt alternative
approaches. In either case, states must submit their RACT rules to EPA
for review and approval as part of the SIP process. EPA will evaluate
the rules and determine, through notice and comment rulemaking in the
SIP approval process, whether the submitted rules meet the RACT
requirements of the CAA and EPA's regulations.
    In September 2007, EPA published new CTGs for Metal Furniture
Coatings (EPA-453/R-07-005) and Large Appliance Coatings (EPA 453/R-07-

004). In September 2008, EPA published a new CTG for Miscellaneous
Metal and Plastic Parts Coatings (EPA-453/R-08-003). These CTGs discuss
the nature of VOC emissions from these industries, the available
control technologies for addressing such emissions, the costs of
available control options, and other information. EPA developed the new
CTGs for these industries after reviewing existing state and local VOC
emission reduction approaches, new source performance standards (NSPS),
previously issued CTGs, and national emission standards for hazardous
air pollutants (NESHAP) for these source categories.

A. Metal Furniture Coatings

    Metal furniture coatings include the coatings that are applied to
the surfaces of metal furniture. A metal furniture substrate is the
furniture or components of furniture constructed either entirely or
partially from metal. Metal furniture includes, but is not limited to,
the following types of products: Household, office, institutional,
laboratory, hospital, public building, restaurant, barber and beauty
shop, and dental furniture, as well as components of these products.
Metal furniture also includes office and store fixtures, partitions,
shelving, lockers, lamps and lighting fixtures, and wastebaskets. Metal
furniture coatings include paints and adhesives and are typically
applied without a primer. Higher solids and powder coatings are used
extensively in the metal furniture surface coating industry. Metal
furniture coatings provide a covering, finish, or functional or
protective layer, and can also provide a decorative finish to metal
furniture.

B. Large Appliance Coatings

    Large appliance coatings include, but are not limited to, materials
referred to as paint, topcoats, basecoats, primers, enamels, and
adhesives used in the manufacture of large appliance parts or products.
A large appliance part is defined as any organic surface-coated metal
lid, door, casing, panel, or other interior or exterior metal part or
accessory that is assembled to form a large appliance product. A large
appliance product is also defined as any organic surface-coated metal
range, oven, microwave oven, refrigerator, freezer, washer, dryer,
dishwasher, water heater, or trash compactor manufactured for
household, commercial, or recreational use.

C. Miscellaneous Metal and Plastic Parts Coatings

    Miscellaneous metal product and plastic parts surface coating
categories include the coatings that are applied to the surfaces of a
varied range of metal and plastic parts and products. These parts or
products are constructed either entirely or partially from metal or
plastic. They include, but are not limited to, metal and plastic
components of the following types of products as well as the products
themselves: Fabricated metal products, molded plastic parts, small and
large farm machinery, commercial and industrial machinery and
equipment, automotive or transportation equipment, interior or exterior
automotive parts, construction equipment, motor vehicle accessories,
bicycles and sporting goods, toys, recreational vehicles, pleasure
craft (recreational boats), extruded aluminum structural components,
railroad cars, heavier vehicles, \1\ lawn and garden equipment,
business machines, laboratory and medical equipment, electronic
equipment, steel drums, metal pipes, and numerous other industrial and
household products (hereinafter collectively referred to as
``miscellaneous metal and plastic parts.'') The CTG applies to
manufacturers of miscellaneous metal and plastic parts that surface-
coat the parts they produce. Miscellaneous metal products and plastic
parts coatings do not include coatings that are a part of other product
categories listed under section 183(e) of the CAA for which CTGs have
been published or coatings addressed by other CTGs.
---------------------------------------------------------------------------

    \1\ Heavier vehicles includes all vehicles that meet the
definition of the term ``other motor vehicles,'' as defined in the
National Emission Standards for Surface Coating of Automobile and
Light-Duty Trucks at 40 CFR 63.3176.
---------------------------------------------------------------------------

III. Description of the SIP Revisions Submitted by the State of
Delaware

    On April 1, 2010 and March 9, 2012 DNREC submitted SIP revisions
adopting the recommendations contained in EPA's new CTGs for the
control of VOC from the coating of plastic parts, metal furniture,
large appliances, and miscellaneous metal parts, as RACT for these
source categories. The March 9, 2012 SIP revision amended the
submission of April 1, 2010 to include EPA as well as DNREC approval
for any alternative coating method not explicitly specified in the
regulation. The revision also corrected minor typographical errors
which were non-substantive in nature. As a result of these SIP
revisions, the following sections of 7 DE Administrative Code 1124,
Control of Volatile Organic Compounds, are being revised to reflect
Delaware's adoption of the new CTGs: section 2.0, ``Definitions,''
section 12.0, ``Surface Coating of Plastic Parts,'' section 19.0,
``Coating of Metal Furniture,'' section 20.0, ``Coating of Large
Appliances,'' and section 22.0, ``Coating of Miscellaneous Metal
Parts.''

A. Regulation 1124, Section 2.0--Definitions

    The revisions to section 2.0, ``Definitions,'' add the following
definitions: Adhesion primer, aerosol coating product, air-dried
coating, baked coating, dip coating, electric-insulating and thermal-
conducting coating, electrostatic spray, extreme high-gloss coating,
extreme performance coating, flow coating, hand application, heat
resistant coating, high-volume, low pressure (HVLP) spray equipment,
metallic coating, mold-seal coating, one-component coating,
pretreatment coating, repair coating, safety-indicating coating, solar-
absorbent coating, solid-film lubricant, stencil coating, touch-up
coating, two-component paint, and vacuum-metalizing coating.

B. Regulation 1124, Section 12.0-- Surface Coating of Plastic Parts

    The revisions to section 12.0, ``Surface Coating of Plastic
Parts,'' establish (1) Applicability for every owner or operator of any
plastic parts or products coating units; (2) add, revise, and delete
definitions; (3) specify standards for owners or operators of any
plastic parts or products coating units; (4) specify exemptions; and
(5) specify control devices, test methods, compliance certification,
recordkeeping, and reporting requirements. More detailed information on
these provisions can be found in the docket prepared for this
rulemaking action.
    Section 12.0 requires that the VOC contents of a plastic part or
products coating unit subject to the provisions of this section, be
less than or equal to the limits listed in Table 1 below.

  Table 1--Plastic Parts Coating VOC Content Limits--VOC Content Limits
 Are Expressed as Mass (kg or lb) per Volume (Liter (l) or Gallon (gal))
         of Coating Less Water and Exempt Compounds, as Applied
------------------------------------------------------------------------
        Coating category           kg VOC/l coating   lb VOC/gal coating
------------------------------------------------------------------------
                                General*
------------------------------------------------------------------------
One component coating...........  0.28..............  2.3.
Multi-component coating.........  0.42..............  3.5.
Electric dissipating coatings     0.36..............  3.0.
 and shock-free coatings.
Extreme performance.............  0.42 (2 pack).....  3.5 (2 pack).
Metallic........................  0.42..............  3.5.
Military specification..........  0.34 (1 pack).....  2.8 (1 pack)
                                  0.42 (2 pack).....  3.5 (2 pack).
Mold-seal.......................  0.76..............  6.3.
Multicolored coatings...........  0.68..............  5.7.
Optical coatings................  0.80..............  6.7.
Vacuum-metalizing...............  0.80..............  6.7.
------------------------------------------------------------------------
                         Business Machine Parts
------------------------------------------------------------------------
Primers.........................  0.14..............  1.2.
Topcoat.........................  0.28..............  2.3.
Texture coat....................  0.28..............  2.3.
Fog coat........................  0.26..............  2.2.
Touchup and repair..............  0.28..............  2.3.
Clearcoats......................  0.28..............  2.3.
EMI/RFI coatings................  0.48..............  4.0.
Soft coatings...................  0.52..............  4.3.
Plating resist coatings.........  0.71..............  5.9.
Plating sensitizer coatings.....  0.85..............  7.1.
------------------------------------------------------------------------
                     Automotive/Transportation Parts
------------------------------------------------------------------------
                           High bake coatings
------------------------------------------------------------------------
Flexible primer.................  0.46..............  3.8.
Non-flexible primer.............  0.42..............  3.5.
Base coats......................  0.52..............  4.3.
Clear coat......................  0.48..............  4.0.
Non-basecoat/clear coat.........  0.52..............  4.3.
Interior colorcoat..............  0.49..............  4.1.
Exterior colorcoat..............  0.55..............  4.6.
------------------------------------------------------------------------
                  Low bake/air dried coatings-exterior
------------------------------------------------------------------------
Primers.........................  0.58..............  4.8.
Basecoat........................  0.60..............  5.0.
Clearcoats......................  0.54..............  4.5.
Non-basecoat/clearcoat..........  0.60..............  5.0.
Red and black colorcoats........  0.67..............  5.6.
All other colorcoats............  0.61..............  5.1.
------------------------------------------------------------------------
                       Low bake/air dried coatings
------------------------------------------------------------------------
Interior primers................  0.42..............  3.5.
Colorcoats......................  0.38..............  3.2.
Touchup and repair coatings.....  0.62..............  5.2.
------------------------------------------------------------------------
                             Auto Specialty
------------------------------------------------------------------------
Vacuum metalizing basecoats.....  0.66..............  5.5.
Texture coatings................  0.66..............  5.5.
Reflective argent coatings......  0.71..............  5.9.
Soft specialty coatings.........  0.71..............  5.9.
Air bag cover coatings..........  0.71..............  5.9.
Gloss flatteners................  0.77..............  6.4.
Vacuum metalizing topcoats......  0.77..............  6.4.
Texture topcoats................  0.77..............  6.4.
Stencil coatings................  0.81..............  6.8.
Adhesion primers................  0.81..............  6.8.
Ink pad printing coatings.......  0.81..............  6.8.
Electrostatic prep coats........  0.81..............  6.8.
Resist coatings.................  0.81..............  6.8.
Headlamp lens coatings..........  0.89..............  7.4.
------------------------------------------------------------------------
* General refers to those parts or products which are not Business
  Machine Parts or Automotive/Transportation Parts.

C. Regulation 1124, Section 19.0--Coating of Metal Furniture

    The revisions to section 19.0, ``Coating of Metal Furniture,''
establish (1) Applicability to every owner or operator of any metal
furniture coating unit; (2) revise a definition; (3) specify standards
for owners or operators of any metal furniture coating unit; (4)
specify exemptions; and (5) specify control devices, test methods,
compliance certification, recordkeeping, and reporting requirements.
More detailed information on these provisions can be found in the
docket prepared for this rulemaking.
    Section 19.0 of this regulation requires that the VOC content of a
metal furniture coating unit subject to the provisions of this section,
be less than or equal to the limits listed in Table 2 below.

  Table 2--Metal Furniture Coating VOC Content Limits--VOC Content Limits Are Expressed as Mass (kg or lb) per
                    Volume (l or gal) of Coating Less Water and Exempt Compounds, as Applied
----------------------------------------------------------------------------------------------------------------
                                                               Baked                         Air dried
                                                 ---------------------------------------------------------------
                Coating category                     kg VOC/l       lb VOC/gal       kg VOC/l       lb VOC/gal
                                                      coating         coating         coating         coating
----------------------------------------------------------------------------------------------------------------
General, one-component..........................           0.275             2.3           0.275             2.3
General, multi-component........................           0.275             2.3           0.340             2.8
Extreme high-gloss..............................           0.360             3.0           0.340             2.8
Extreme performance.............................           0.360             3.0           0.420             3.5
Heat-resistant..................................           0.360             3.0           0.420             3.5
Metallic........................................           0.420             3.5           0.420             3.5
Pretreatment....................................           0.420             3.5           0.420             3.5
Solar-absorbent.................................           0.360             3.0           0.420             3.5
----------------------------------------------------------------------------------------------------------------

D. Regulation 1124, Section 20.0--Coating of Large Appliances

    The revisions to section 20.0, ``Coating of Large Appliances,''
establish (1) Applicability to every owner or operator of any large
appliance coating unit; (2) revise a definition; (3) specify standards
for owners or operators of any large appliance coating unit; (4)
specify exemptions; and (5) specify control devices, test methods,
compliance certification, recordkeeping, and reporting requirements.
More detailed information on these provisions can be found in the
docket prepared for this rulemaking action.
    Section 20.0 of this regulation requires that the VOC content of a
large appliance coating unit subject to the provisions of this section,
be less than or equal to the limits listed in Table 3 below.

Table 3--Large Appliance Coating VOC Content Limits--VOC Coating Content Limits Are Expressed as Mass (kg or lb)
                  per Volume (l or gal) of Coating Less Water and Exempt Compounds, as Applied
----------------------------------------------------------------------------------------------------------------
                                                               Baked                         Air dried
                                                 ---------------------------------------------------------------
                Coating category                     kg VOC/l       lb VOC/gal       kg VOC/l       lb VOC/gal
                                                      coating         coating         coating         coating
----------------------------------------------------------------------------------------------------------------
General, one-component..........................           0.275             2.3           0.275             2.3
General, multi-component........................           0.275             2.3           0.340             2.8
Extreme high-gloss..............................           0.360             3.0           0.340             2.8
Extreme performance.............................           0.360             3.0           0.420             3.5
Heat-resistant..................................           0.360             3.0           0.420             3.5
Metallic........................................           0.420             3.5           0.420             3.5
Pretreatment....................................           0.420             3.5           0.420             3.5
Solar-absorbent.................................           0.360             3.0           0.420             3.5
----------------------------------------------------------------------------------------------------------------

E. Regulation 1124, Section 22.0--Coating of Miscellaneous Metal Parts

    The revisions to section 22.0, ``Coating of Miscellaneous Metal
Parts,'' establish (1) Applicability to every owner or operator of any
miscellaneous metal parts and products coating unit; (2) add, revise,
and delete definitions; (3) specify standards for owners or operators
of any miscellaneous metal parts and products coating unit; (4) specify
exemptions; and (5) specify control devices, test methods, compliance
certification, recordkeeping, and reporting requirements. More detailed
information on these provisions can be found in the docket prepared for
this rulemaking action.
    Section 22.0 of this regulation requires that the VOC content of a
miscellaneous metal parts and products coating unit subject to the
provisions of this section, be less than or equal to the limits listed
in Table 4 below.

 Table 4--Metal Parts and Products Coating VOC Content Limits--VOC Coating Content Limits Are Expressed as Mass
             (kg or lb) per Volume (l or gal) of Coating Less Water and Exempt Compounds, as Applied
----------------------------------------------------------------------------------------------------------------
                                                             Air dried                         Baked
                                                 ---------------------------------------------------------------
                Coating category                     kg VOC/l       lb VOC/gal       kg VOC/l       lb VOC/gal
                                                      coating         coating         coating         coating
----------------------------------------------------------------------------------------------------------------
General, one-component..........................            0.34             2.8            0.28             2.3
General, multi-component........................            0.34             2.8            0.28             2.3
Camouflage......................................            0.42             3.5            0.36             3.0
Electric insulating varnish.....................            0.42             3.5            0.36             3.0
Electric insulating and thermal conducting                  0.42             3.5            0.36             3.0
 coatings.......................................
Etching filler..................................            0.42             3.5            0.36             3.0
Extreme high gloss..............................            0.42             3.5            0.36             3.0
Extreme performance.............................            0.42             3.5            0.36             3.0
Heat resistant..................................            0.42             3.5            0.36             3.0
High performance architectural..................            0.42             3.5            0.36             3.0
High temperature................................            0.42             3.5            0.36             3.0
Magnetic data storage disc coatings.............            0.42             3.5            0.36             3.0
Metallic........................................            0.42             3.5            0.36             3.0
Military specification..........................            0.34             2.8            0.28             2.3
Mold seal.......................................            0.42             3.5            0.36             3.0
Pan Backing.....................................            0.42             3.5            0.36             3.0
Prefabricated architectural multi-component.....            0.42             3.5            0.28             2.3
Prefabricated architectural one component.......            0.42             3.5            0.28             2.3
Pretreatment coatings...........................            0.42             3.5            0.36             3.0
Repair and touch up.............................            0.42             3.5            0.36             3.0
Safety indicating coatings......................            0.42             3.5            0.36             3.0
Silicone release................................            0.42             3.5            0.42             3.5
Solar absorbent.................................            0.42             3.5            0.36             3.0
Solid-film lubricant............................            0.42             3.5            0.36             3.0
Stencil coatings................................            0.42             3.5            0.36             3.0
Vacuum metalizing...............................            0.42             3.5            0.42             3.5
Drum coating, new, exterior.....................            0.34             2.8            0.34             2.8
Drum coating, new, interior.....................            0.42             3.5            0.42             3.5
Drum coating, reconditioned, exterior...........            0.42             3.5            0.36             3.0
Drum coating, reconditioned, interior...........            0.50             4.2            0.50             4.2
----------------------------------------------------------------------------------------------------------------

V. Proposed Action

    EPA is proposing to approve the State of Delaware's SIP revisions
submitted on April 1, 2010 and March 9, 2012, adopting the requirements
of EPA's CTGs for the coating of plastic parts, metal furniture, large
appliances, and miscellaneous metal parts, as RACT for these source
categories. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.

VI. 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 proposes to approve 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Delaware's adoption of
EPA's CTGs for the coating of plastic parts, metal furniture, large
appliances, and miscellaneous metal parts, 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, Ozone, Reporting
and

recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 26, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-16950 Filed 7-12-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14358-14359]
[FR Doc No: 2011-5997]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 158, and 174

[EPA-HQ-OPP-2009-0499; FRL-8863-5]
RIN 2070-AJ27

Pesticides; Data Requirements for Plant-Incorporated Protectants
(PIPs) and Certain Exemptions for PIPs; Notification to the Secretaries
of Agriculture and Health and Human Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretaries of Agriculture and Health and
Human Services.

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

SUMMARY: This document notifies the public that the Administrator of
EPA has forwarded to the Secretaries of Agriculture and Health and
Human Services a draft proposed rule under sections 21 and 25(a) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The draft
proposed rule will propose codifying data requirements that
specifically address the registration data needs of plant-incorporated
protectants (PIPs). These data requirements are intended to provide EPA
with data and other information necessary for the registration of a PIP
or the issuance of an experimental use permit for a PIP. Also, EPA will
propose to exempt cisgenic PIPs from registration to encourage research
and development of useful biotechnology and reduce the number of PIPs
seeking registration. Cisgenic PIPs are formed when genetic material is
transferred, using bioengineering technology, between plants that could
transfer the genetic material naturally.

DATES: Comments must be received on or before April 15, 2011.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0499. All documents in the
docket are listed in the docket index available in http://www.regulations.gov. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rose Kyprianou, Field and External
Affairs Division (7506P), 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. Does this action apply to me?

    This action is directed to the public in general. It simply
announces the submission of a draft proposed rule to the United States
Department of Agriculture (USDA) and does not otherwise affect any
specific entities. This action may, however, be of particular interest
to those persons who produce or register plant-incorporated protectants
(PIPs) under FIFRA or may seek a tolerance or tolerance exemption for a
PIP under the Federal Food, Drug, and Cosmetic Act (FFDCA). This action
may also be of interest to those persons involved in biotechnology
research or development of PIPs. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be interested in this action. If you have any
questions regarding this action, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

II. What action is EPA taking?

    Section 25(a)(2) of FIFRA provides that the Administrator must
provide the Secretary of Agriculture with a copy of any draft proposed
rule at least 60 days before signing it for publication in the Federal
Register. Similarly, section 21(b) of FIFRA provides that the
Administrator must provide the Secretary of Health and Human Services
with a copy of any draft proposed rule pertaining to a public health
pesticide at least 60 days before signing it for publication in the
Federal Register. The draft proposed rule is not available to the
public until after it has been signed by EPA. If either Secretary
comments in writing regarding the draft proposed rule within 30 days
after receiving it, the Administrator shall include in the proposed
rule when published in the Federal Register the comments of the
Secretary and the Administrator's response to those comments. If
neither Secretary comments in writing within 30 days after receiving
the draft proposed rule, the Administrator may sign the proposed
regulation for publication in the Federal Register anytime after the
30-day period.

III. Do any Statutory and Executive Order reviews apply to this
notification?

    No. This document is not a proposed rule, it is merely a
notification of submission to the Secretaries of Agriculture and Health
and Human Services. As such, none of the regulatory assessment
requirements apply to this document.

List of Subjects

40 CFR Part 152

    Environmental protection, Administrative practice and procedure,
Pesticides and pests, Reporting and recordkeeping requirements.

40 CFR Part 158

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

40 CFR Part 174

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Plant-incorporated
protectants, Reporting and recordkeeping requirements.

    Dated: March 4, 2011.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2011-5997 Filed 3-15-11; 8:45 am]
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Page 77308]
[FR Doc No: 2023-24784]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-094]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed October 30, 2023 10 a.m. EST Through November 3, 2023 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230154, Draft, USAF, TX, T-7A Recapitalization at Laughlin
Air Force Base, Texas, Comment Period Ends: 01/08/2024, Contact:
Chinling Chen<PHONE_NUMBER>.
EIS No. 20230155, Draft, BLM, CO, Gunnison Sage-Grouse Resource
Management Plan Amendment, Comment Period Ends: 02/06/2024, Contact:
Gina Phillips<PHONE_NUMBER>.
EIS No. 20230156, Draft, USAF, TX, B-21 Beddown Main Operating Base 2
or Main Operating Base 3 at Dyess AFB or Whiteman AFB, Comment Period
Ends: 01/05/2024, Contact: Chris Moore<PHONE_NUMBER>.
EIS No. 20230157, Draft Supplement, NRC, TX, Generic Environmental
Impact Statement for License Renewal of Nuclear Plants, Supplement 60,
Regarding License Renewal of Comanche Peak Nuclear Power Plant, Draft
Report for Comment, Comment Period Ends: 12/26/2023, Contact: Tam Tran
301-415-3617.
EIS No. 20230158, Draft, BLM, CO, Draft Resource Management Plan
Amendment (RMPA) and Environmental Impact Statement (EIS) for Big Game
Habitat Conservation for Oil and Gas Management, Comment Period Ends:
02/06/2024, Contact: Ashley Phillips<PHONE_NUMBER>.
EIS No. 20230159, Draft, BLM, UT, Cross-Tie 500Kv Transmission Project,
Comment Period Ends: 01/02/2024, Contact: Clara Stevens<PHONE_NUMBER>.

    Dated: November 3, 2023.
Nancy Abrams,
Associate Director, Office of Federal Activities.
[FR Doc. 2023-24784 Filed 11-8-23; 8:45 am]
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[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49231-49232]
[DOCID:fr20au08-105]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on May 15, 2008, vol. 73, no. 95, page 28183.
Respondents conducting general operation and flight of aircraft or any
activity that could encroach on airspace must apply for approval.

DATES: Please submit comments by September 19, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Application for Certificate of Waiver or Authorization.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0027.
    Form(s): 7711-2.
    Affected Public: An estimated 25,231 Respondents.
    Frequency: This infonnation is collected on occasion.
    Estimated Average Burden per Response: Approximately 32 minutes per
response.
    Estimated Annual Burden Hours: An estimated 13,646 hours annually.
    Abstract: U.S. Code authorizes the issuance of regulations
governing the use of navigable airspace. Respondents conducting general
operation and flight of aircraft or any activity that could encroach on
airspace must apply for approval.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Nathan Lesser, Desk Officer, Department of Transportation/
FAA, and sent via electronic mail to<EMAIL_ADDRESS>or
faxed to<PHONE_NUMBER>.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on August 12, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E8-19109 Filed 8-19-08; 8:45 am]

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[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60321]
[DOCID:fr17oc05-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP97-255-064]

TransColorado Gas Transmission Company; Notice of Tariff Filing

October 6, 2005.
    Take notice that on September 30, 2005, TransColorado Gas
Transmission Company (TransColorado) tendered for filing as part of its
FERC Gas Tariff, First Revised Volume No. 1, the following tariff
sheets, to be effective October 1, 2005:

Ninth Revised Sheet No. 21
Sixth Revised Sheet No. 22A
Second Revised Sheet No. 22B

    TransColorado states that the filing is being made in compliance
with the Commission's Letter Order issued March 20, 1997, in Docket No.
RP97-255-000.
    TransColorado states that a copy of this filing has been served
upon all parties to this proceeding, TransColorado's customers, the
Colorado Public Utilities Commission and the New Mexico Public
Utilities Commission.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5684 Filed 10-14-05; 8:45 am]

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[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3390-3391]
[FR Doc No: 2014-01003]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1633]

Request for Notification From Industry Organizations Interested
in Participating in the Selection Process for Nonvoting Industry
Representatives and Request for Nominations for Nonvoting Industry
Representatives on Public Advisory Panels

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting that any
industry organization interested in participating in the selection of
nonvoting industry representatives to serve on the Medical Devices
Advisory Committee (MDAC) in the Center for Devices and Radiological
Health (CDRH) notify FDA in writing. FDA is also requesting nominations
for nonvoting industry representatives to serve on certain device
panels of the MDAC in the CDRH. A nominee may either be self-nominated
or nominated by an organization to serve as a nonvoting industry
representative. Nominations will be accepted for upcoming vacancies
effective with this notice.

DATES: Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interests must send a letter stating that interest to FDA (see
ADDRESSES) by February 20, 2014, for the vacancies listed in this
notice. Concurrently, nomination materials for prospective candidates
should be sent to FDA (see ADDRESSES) by February 20, 2014.

ADDRESSES: All letters of interest and nominations should be submitted
in writing to Margaret Ames (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Margaret Ames, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5234, Silver Spring, MD 20993. Telephone: 301-796-
5960, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 520(f)(3) of the Federal Food, Drug,
and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(f)(3)), as amended by
the Medical Device Amendments of 1976, provides that each medical
device panel include one nonvoting member to represent the interests of
the medical device manufacturing industry. The Agency is requesting
nominations for nonvoting industry representatives to certain panels
identified in the following paragraphs.

I. Functions of MDAC

    (1) Review and evaluate data on the safety and effectiveness of
marketed and investigational devices and make recommendations for their
regulation; (2) advise the Commissioner of Food and Drugs (the
Commissioner) regarding recommended classification or reclassification
of these devices into one of three regulatory categories; (3) advise on
any possible risks to health associated with the use of devices; (4)
advise on formulation of product development protocols; (5) review
premarket approval applications for medical devices; (6) review
guidelines and guidance documents; (7) recommend exemption to certain
devices from the application of portions of the FD&C Act; (8) advise on
the necessity to ban a device; (9) respond to requests from the Agency
to review and make recommendations on specific issues or problems
concerning the safety and effectiveness of devices; and (10) make
recommendations on the quality in the design of clinical studies
regarding the safety and effectiveness of marketed and investigational
devices.

A. Dental Products Panel

    Reviews and evaluates data concerning the safety and effectiveness
of marketed and investigational products for use in dentistry,
endodontics, or bone physiology relative to the oral and maxillofacial
area and makes appropriate recommendations to the Commissioner.

B. Hematology and Pathology Devices Panel

    Reviews and evaluates data concerning the safety and effectiveness
of marketed and investigational in vitro devices for use in clinical
laboratory medicine including pathology, hematology, histopathology,
cytotechnology, and molecular biology and makes appropriate
recommendations to the Commissioner.

C. Immunology Devices Panel

    Reviews and evaluates data concerning the safety and effectiveness
of marketed and investigational in vitro devices for use in clinical
laboratory medicine including oncology, immunology, and allergy and
makes appropriate recommendations to the Commissioner.

II. Qualifications

    Persons nominated for the device panels should be full-time
employees of firms that manufacture products that would come before the
panel, or consulting firms that represent manufacturers, or have
similar appropriate ties to industry.

III. Selection Procedure

    Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interests should send a letter stating that interest to the FDA contact
(see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of
this document (see DATES). Within the subsequent 30 days, FDA will send
a letter to each organization that has expressed an interest, attaching
a complete list of all such organizations, and a list of all nominees
along with their current r[eacute]sum[eacute]s. The letter will also
state that it is the responsibility of the interested organizations to
confer with one another and to select a candidate, within 60 days after
the receipt of the FDA letter, to serve as the nonvoting member to
represent industry interests for a particular device panel. The
interested organizations are not

bound by the list of nominees in selecting a candidate. However, if no
individual is selected within the 60 days, the Commissioner will select
the nonvoting member to represent industry interests.

IV. Application Procedure

    Individuals may self nominate and/or an organization may nominate
one or more individuals to serve as a nonvoting industry
representative. Contact information, a current curriculum vitae, and
the name of the committee of interest should be sent to the FDA contact
person (see FOR FURTHER INFORMATION CONTACT) within 30 days of
publication of this document (see DATES). FDA will forward all
nominations to the organizations expressing interest in participating
in the selection process for the panel. (Persons who nominate
themselves as nonvoting industry representatives will not participate
in the selection process).
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees, and therefore encourages nominations of
appropriately qualified candidates from these groups. Specifically, in
this document, nominations for nonvoting representatives of industry
interests are encouraged from the device manufacturing industry.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. App. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: January 13, 2014.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-01003 Filed 1-17-14; 8:45 am]
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