[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Notices]
[Page 41384-41386]
[DOCID:fr18jy08-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58140; File No. SR-BSE-2008-40]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to a New Quote Removal Mechanism Upon Technical Disconnect

July 10, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 8, 2008, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act,\3\ and Rule 19b-4(f)(5)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(5).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend Chapter VI of the Boston Options
Exchange Group LLC (``BOX'') Rules to add Section 16, Quote Removal
Mechanism Upon Technical Disconnect (``Quote Removal Mechanism''). The
text of the proposed rule change is available at http://
www.bostonstock.com, the principal office of the Exchange, and the
Commission's Public Reference Room.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the BOX Rules to add a new Quote
Removal Mechanism in order to protect BOX Market Makers in the event
that they lose communication with the BOX Trading Host \5\ due to a
loss of connectivity between their designated BOX Gateway \6\ and the
BOX Trading Host.
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    \5\ References herein to the term Trading Host will have the
meaning as set forth in Section 1(a)(65) of Chapter I of the BOX
Rules.
    \6\ A ``Gateway'' is the system component through which Market
Makers communicate their quotes to the Trading Host. See Proposed
Chapter VI, Section 16, Supplementary Material .01, BOX Rules.
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    BOX Market Makers currently enter quotes into the Trading Host via
Gateways. BOX currently has several Gateways, and multiple Market
Makers may connect to the Trading Host through a single Gateway. All
the quotes for each class to which a Market Maker is assigned may be
sent through a particular Gateway or, alternatively, a single Market
Maker may have the quotes for separate classes to which it is assigned
sent through different Gateways. Under the proposed rule, if the
Trading Host does not receive any Heartbeat messages (``Heartbeat'')
\7\ from a Gateway for a specified period of time, the Quote Removal
Mechanism will automatically cancel all Market Maker quotes that were
posted through the affected Gateway.
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    \7\ A Heartbeat message is a communication which acts as a
virtual pulse between a Gateway and the Trading Host. The Heartbeat
message sent by the Gateway and subsequently received by the Trading
Host allows the Trading Host to continually monitor its connection
with the Gateways.
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    As proposed, the Quote Removal Mechanism will monitor the
connections between the Trading Host and the Gateways. The Trading Host
will continuously count the number of seconds (``n'') (the ``Counter'')
since the last Heartbeat message was received from a particular
Gateway. Each Heartbeat message received by the Trading Host from a
particular Gateway will restart the Counter for that particular
Gateway. The Quote Removal Mechanism will be triggered, and a Market
Maker's quotes will automatically be removed from the Trading Host, if
the Counter reaches ``n'' seconds.
    Any non-connectivity is Gateway-specific. Therefore, the
cancellation of the Market Makers' quotes entered into the Trading Host
via a particular Gateway will neither impact nor determine the
treatment of the quotes of the same or other Market Makers entered into
the Trading Host via a separate and distinct Gateway. After the Quote
Removal Mechanism is employed, and upon a reconnection between the
Gateway and the Trading Host, the Trading Host will send a message to
the affected Market Makers informing them that their quotes through the
specific affected Gateway have been automatically cancelled.
    The period of non-connectivity that will trigger the removal of the
Market Makers' quotes via the Quote Removal Mechanism will be standard
for all Market Makers.\8\ The Quote Removal Mechanism will be enabled
for all Market Makers on their appointed options classes during the
trading day and may not be disabled by the Market Makers.
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    \8\ The Exchange will notify Market Makers via Regulatory
Circular as to the setting of ``n'' seconds. This value will be
configurable by the Exchange and any subsequent re-configurations
will be announced to Market Makers via Regulatory Circular. In no
event shall ``n'' seconds be set for less than one (1) second or
greater than nine (9) seconds.
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    The following examples illustrate the manner in which the Quote
Removal Mechanism will function: \9\
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    \9\ For the purposes of this example only, ``n'' will be set at
5 seconds.
---------------------------------------------------------------------------

(1) 11:30:00--Counter starts
    11:30:02--Trading Host receives a Heartbeat message from Gateway 1.
Counter re-starts
(2) 3:30:00--Counter starts
    3:30:02:--Trading Host receives a Heartbeat message from Gateway 1.
Counter re-starts
    3:30:07--No Heartbeat messages received from Gateway 1 after 5
seconds. Pursuant to the proposed Quote Removal Mechanism, all Market
Maker quotes entered through Gateway 1 are removed from the Trading
Host.
    As demonstrated above, the Counter will restart for a Gateway each
time the Trading Host receives a Heartbeat message from that particular
Gateway. Once connectivity to the Gateway is reestablished, the Market
Makers affected by the mechanism will be able to send messages to the
Trading Host in order to reestablish their quotes. Any quotes affected
by the Quote Removal Mechanism, including quotes that are removed from
the Trading Host and/or quotes sent to BOX during the period of non-
connectivity, will not be taken into account when determining whether a
Market Maker has fulfilled its continuous quoting obligations on
BOX.\10\ Only after connectivity to the Gateway has been reestablished
will quotes once again be taken into account for this purpose.
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    \10\ See Section 6(d) of Chapter VI of the BOX Rules.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\11\ in general, and Section
6(b)(5) of the Act,\12\ in particular, in that the proposal is 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 Exchange believes that this proposed rule change will benefit the
marketplace because it will reduce the risk of erroneous or stale
quotes on the BOX Book in the event that the Trading Host loses
connectivity with a Gateway. Furthermore, the proposed Quote Removal
Mechanism will provide for the protection of Market Makers, who must
bear the burden of market risk for stale quotes caused by circumstances
outside of their control, as well as for the protection of investors
and the efficiency and fairness of the markets as a whole.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(5) \14\ thereunder
because the foregoing 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) have the effect of
limiting the access to or availability of an existing order entry or
trading system of the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 19b-4(f)(5).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further 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-BSE-2008-40 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, Station Place, 100 F Street, NE., Washington,
DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2008-40. 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 filings also will be available for
inspection and copying at the principal office of BSE. 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 publicly available. All
submissions should refer to File Number SR-BSE-2008-40 and should be
submitted on or before August 8, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16401 Filed 7-17-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32259-32261]
[FR Doc No: 2021-12722]

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

[EPA-HQ-OPP-2021-0015; FRL-10024-90]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw their requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registrations have been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before July 19, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0015, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
    Submit written withdrawal request by mail to: Registration Division
(7502P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. ATTN: Christopher
Green.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7502P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This document announces receipt by the Agency of requests from
registrants to cancel 3 pesticide products registered under FIFRA
section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number in Table 1
of this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue an order in the Federal Register
canceling all the affected registrations.

      Table 1--Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
                                                              Active
   Registration No.      Company No.     Product name      ingredients
------------------------------------------------------------------------
7969-376.............            7969  Certador          Dinotefuran.
                                        Insecticide.
59639-182............           59639  V-10276 0.088 SL  Metconazole &
                                        Insecticide/      Dinotefuran.
                                        Fungicide.
91234-161............           91234  Anniston 30 SG    Acetamiprid.
                                        Insecticide.
91234-162............           91234  Anniston 70 WP    Acetamiprid.
                                        Insecticide.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
     EPA company No.                  Company name and address
------------------------------------------------------------------------
7969.....................  BASF Corporation, 26 Davis Drive, P.O. Box
                            13528, Research Triangle Park, NC 27709-
                            3528.
59639....................  Valent U.S.A. LLC, 4600 Norris Canyon Road,
                            P.O. Box 5075, San Ramon, CA 94583.
91234....................  Atticus, LLC, Agent Name: Pyxis Regulatory
                            Consulting, Inc., 4110 136th Street Ct. NW,
                            Gig Harbor, WA 98332-9122.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide

would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II have requested that EPA waive
the 180-day comment period. Accordingly, EPA will provide a 30-day
comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Upon cancellation of the products identified in
Table 1 of Unit II, EPA anticipates not allowing registrants to sell
and distribute existing stocks of these products after publication of
the Cancellation Order in the Federal Register, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal. Persons other than registrants will generally be allowed to
sell, distribute, or use existing stocks until such stocks are
exhausted, provided that such sale, distribution, or use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled products.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: June 10, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-12722 Filed 6-16-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19737-19738]
[FR Doc No: 2012-7737]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0009]

The Asbestos in Shipyards Standard; Extension of the Office of
Management and Budget's Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Asbestos in
Shipyards Standard (29 CFR 1915.1001).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 1, 2012.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal e-
Rulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2012-0009, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2012-0009) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The information collection requirements specified in the Asbestos
in Shipyards Standard protect workers from the adverse health effects
that may result from occupational exposure to asbestos. The major
information collection requirements in the Standard include:
Implementing an exposure monitoring program that informs workers of
their exposure-monitoring results; at multi-employer worksites, when
establishing regulated areas for the type of work performed with
asbestos-containing materials (ACMs) and/or presumed asbestos-
containing materials (PACMs), employers notifying other on-site
employers of the requirements that pertain to regulated areas, and the
measures the employers can use to protect their workers from asbestos
overexposure; developing specific information and training programs for
workers; providing medical surveillance for workers potentially exposed
to ACMs and/or PACMs, including administering a worker medical
questionnaire, providing information to the examining physician, and
providing the physician's written opinion to the worker; and
maintaining records of objective data used for exposure determinations,
worker exposure monitoring and medical surveillance records, training
records, the record (i.e., information, data, and analyses) used to
demonstrate that PACMs do not contain asbestos, and notifications made
and received by building/facility owners regarding the content of ACMs
and PACMs.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;

     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to extend the information collection requirements
contained in the Asbestos in Shipyards Standard (29 CFR 1915.1001). The
Agency is requesting a decrease in its current burden hour total from
1,623 hours to 1,613, for a total decrease of 10 hours. The adjustment
is primarily the result of a decrease in the number of shipyards that
may have employees exposed to asbestos. The Agency will summarize the
comments submitted in response to this notice and will include this
summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Asbestos in Shipyards Standard (29 CFR 1915.1001).
    OMB Control Number: 1218-0195.
    Affected Public: Business or other for-profits; Federal Government;
State, Local or Tribal Government.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes (.08 hour) to
provide information to the examining physician to 1.83 hours to develop
alternative control methods.
    Estimated Total Burden Hours: 1,613.
    Estimated Cost (Operation and Maintenance): $37,650.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2012-0009). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
    Information on using the http://www.regulations.gov Web site to
submit comments and access the docket is available at the Web site's
``User Tips'' link. Contact the OSHA Docket Office for information
about materials not available through the Web site, and for assistance
in using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on March 27, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-7737 Filed 3-30-12; 8:45 am]
BILLING CODE 4510-26-P


"Johansson, Robert"<EMAIL_ADDRESS> 06/14/2007 09:25 AM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

DOE comments on the whole package

Hi Lydia,

Here’s DOE’s full mark up.

Cheers,

Rob

________________________________________________

Robert Johansson, Ph.D.

OMB/OIRA/NREA

725 17th St. NW, Room 10202

Washington, DC 20503

(P)<PHONE_NUMBER>

(F)<PHONE_NUMBER>

(E<EMAIL_ADDRESS>


[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2109-2110]
[FR Doc No: 2011-344]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0975; FRL-8859-7]

Methomyl: Cancellation Order for Amendments to Terminate Use of
Methomyl on Grapes; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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

SUMMARY: EPA issued a notice in the Federal Register of Wednesday,
December 8, 2010, concerning amendments to terminate use of methomyl on
grapes. This document is being issued to correct the effective date of
the amendments.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-evaluation
Division (7508P), 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?

    The Agency included in the notice a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0975. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Does this Correction Do?

    FR Doc. 2010-30865 published in the Federal Register of Wednesday,
December 8, 2010 (75 FR 76456) (FRL-8855-6) is corrected as follows:
    1. On page 76456, in the second column, the DATES line, is
corrected to read ``DATES: The amendments are effective May 9, 2011.''
    2. On page 76457, in the first column, in Unit IV. Cancellation
Order, the third sentence which reads in part ``The effective date of
the * * * '' is corrected to read ``The effective date of the
amendments that are the subject of this notice is May 9, 2011.''

List of Subjects

    Environmental protection, Agricultural commodities, pesticides and
pests.

    Dated: January 3, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-344 Filed 1-11-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]
[Page 36145]
[DOCID:fr23jn06-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54005; File No. SR-NASD-2006-030]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Order Approving Proposed Rule Change and Amendment No. 1
Thereto To Establish an Annual Administrative Fee for Market Data
Distributors That Are Recipients of Nasdaq Proprietary Data Products

 June 16, 2006.
    On February 27, 2006, the National Association of Securities
Dealers, Inc. (``NASD''), through its subsidiary, The Nasdaq Stock
Market, Inc. (``Nasdaq''), filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to establish an annual
administrative fee for market data distributors that are recipients of
Nasdaq proprietary data products. Nasdaq filed Amendment No. 1 to the
proposed rule change on April 17, 2006. The proposed rule change, as
modified by Amendment No. 1, was published for notice and comment in
the Federal Register on May 12, 2006.\3\ The Commission received no
comments on the proposal. This order approves the proposed rule change,
as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53770 (May 8, 2006),
71 FR 27762.
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with Section 15A of the Act \4\ and the rules and regulations
thereunder. Specifically, the Commission finds the proposal to be
consistent with Section 15A(b)(5) of the Act,\5\ in that it provides
for the equitable allocation of reasonable fees among persons
distributing and purchasing Nasdaq proprietary data products. The
Commission believes the fees are reasonably tailored to allow Nasdaq to
recover the fixed market data administrative costs, as well as the
costs of maintaining and improving the administrative tools
distributors use to subscribe to and monitor their data products usage.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78o-3.
    \5\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-NASD-2006-030), be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
 [FR Doc. E6-9938 Filed 6-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57302-57305]
[FR Doc No: 2015-23379]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0079; FRL-9932-51-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Revision To Control Volatile Organic Compound Emissions From Storage
Tanks and Transport Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas
State Implementation Plan (SIP) revision for control of volatile
organic compound (VOC) emissions from degassing of storage tanks,
transport vessels and marine vessels. The revision reformats the
existing requirement to comply with current rule writing standards,
adds additional control options for owner/operators to use when
complying, clarifies the monitoring and testing requirements of the
rule, and makes non-substantive changes to VOC control provisions that
apply in the Beaumont-Port Arthur (BPA) nonattainment area (Hardin,
Jefferson and Orange Counties), four counties in the Dallas-Fort Worth
(DFW) nonattainment area (Collin, Dallas, Denton and Tarrant Counties),
El Paso County, and the Houston-Galveston-Brazoria (HGB) nonattainment
area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery and Waller Counties).
    The EPA is also making a ministerial correction to the Code of
Federal Regulations (CFR) to accurately reflect approved SIP revisions
that pertain to Stage II control of VOCs from gasoline dispensing
facilities in Texas.

DATES: This final rule is effective on October 23, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2011-0079. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 through http://www.regulations.gov or
in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Todd,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please contact
Mr. Todd or Mr. Bill Deese<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in our May
13, 2015 direct final rule and proposal (80 FR 27251 and 80 FR 27275).
In the direct final rule we approved a SIP submission revising the
rules for controlling VOC emissions from degassing of storage tanks,
transport vessels and marine vessels. The Texas rule revisions were
adopted by the state on January 26, 2011 and submitted to us on
February 18, 2011. The revisions submitted by the Texas Commission on
Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris,
Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties.
    Our May 13, 2015 rule and proposal stated that if any relevant
adverse comments were received by the end of the public comment period
on June 12, 2015, the direct final rule would be withdrawn and we would
respond to the comments in a subsequent final action. Relevant adverse
comments were received during the comment period, and the direct final
rule was withdrawn on June 30, 2015 (80 FR 37161). Our May 13, 2015
proposal provides the basis for this final action.
    Also, on March 17, 2014 we approved revisions to the Texas SIP
pertaining to Stage II control of VOCs from gasoline stations (79 FR
14611). Included in the approved revisions was removal of sections
115.247 and 115.249 from the TX SIP. In that document, however, we did
not update the CFR to show that 30 TAC 115.247 and 115.249 were removed
from the SIP. We are using the opportunity of this final rule to
correct this oversight.
    We received comments on our May 13, 2015 proposal from two
commenters. Our response to the comments are below.

II. Response to Comments

    Comment: The first commenter stated it would be impractical, and
possibly unreasonable, to require industry to comply with the state
regulations unless the state took the needs of individual sources into
account and helped them to comply.
    Response: The commenter fails to specify how and why the submitted
revisions would be impractical. In addition, these revisions merely
modify and clarify existing rules which have been implemented for
several years. Requirements to control degassing emissions, for
example, low-leaking tank fittings on some control options, monitoring
control effectiveness and reporting compliance from degassing
operations were first implemented in HGB and BPA (62 FR 27964, May 22,
1997). In DFW and El Paso County, these rules were adopted as
contingency measures under the 1-hour ozone standard (62 FR 27964). The
Texas Commission on Environmental Quality has been successfully
implementing these degassing regulations in Brazoria, Chambers, Fort
Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, and Waller Counties for several years and we

haven't received any information that supports the notion that
compliance is overly burdensome in these counties. There is no
documented evidence of owner/operators of marine vessels finding these
rules impractical. The revisions also make changes to provide
additional flexibility for affected owners and operators allowing for
the use of alternative control options such as the use of a
recirculation system, with appropriate monitoring to assure the
effectiveness of the system or an option that allows the operator to
demonstrate compliance by limiting the VOC concentration at the outlet
of a control device to less than 500 parts per million (by volume).
    Sources in Collin, Dallas, Denton, El Paso and Tarrant Counties
have been aware of the possibility these regulations might affect them
for some years and the state has been implementing them in Collin,
Dallas, Denton and Tarrant counties since February 18, 2011. We have
not received any indication that sources in these areas are not able to
comply with the degassing requirements. TCEQ also submitted these
revisions for public comment and notice so the public had ample
opportunity to comment on these revisions during the state's rulemaking
process.
    Comment: The second commenter stated we could not approve the
degassing rules as reasonably achievable control technology (RACT) for
Marine Vessel Loading Operations subject to the 40 CFR part 63, subpart
Y, Marine Vessel Loading Maximum Available Control Technology (MACT)
standard because that federal rule defines RACT for this source
category more stringently than the Texas regulations. RACT in part 63,
subpart Y is defined as 95% control of volatile organic compound (VOC)
emissions when using a recovery device and 98% control when using a
combustion device. The RACT levels we previously approved in Texas's
affected counties is 90% control of VOC emissions.
    Response: The federal regulation the commenter cites, 40 CFR part
63, subpart Y, is not applicable to degassing operations. The Marine
Vessel Loading Operations MACT standard does contain a RACT requirement
defining the VOC control efficiencies that affected sources must
achieve while performing marine loading operations. 40 CFR 63.561
defines marine loading operations as any operation under which a
commodity is bulk loaded onto a marine tank vessel from a terminal,
which may include the loading of multiple marine tank vessels during
one loading operation. However, the submitted revisions do not address
any operations which can be described as operations in which a
commodity is bulk loaded onto a marine tank vessel from a terminal, or
may include the loading of multiple marine tank vessels during one
loading operation. The submitted revision only addresses operations
that occur during the degassing, cleaning or vessel maintenance
activities covered by the Texas regulation.\1\ The proposed revision,
30 TAC Sec. 115.540, defines degassing as the process of removing
volatile organic vapor from a storage tank, transport vessel, or marine
vessel. Degassing operations do not involve loading of a bulk commodity
and do not include marine loading operations as defined by 40 CFR
63.561. Therefore, subpart Y is not applicable to the operations or
activity covered by the submitted revisions. Therefore, the commenters
concern that RACT as defined in the 40 CFR part 63, subpart Y won't be
met in the Texas SIP action is unfounded. Inclusion of the Texas
degassing rule in the Texas SIP is appropriate under these
circumstances and effectively reduces VOC emissions from these sources.
---------------------------------------------------------------------------

    \1\ 40 CFR 63.562(c) sates the RACT level of control applies to
vapor tight marine vessel with a vapor collection system designed to
collect VOC vapors displaced from marine tank vessels during loading
operations. 40 CFR 63.531 defines marine tank vessel loading
operation as any operation under which a commodity if bulk loaded
onto a marine tank vessel from a terminal.
---------------------------------------------------------------------------

III. Final Action

    We are approving a Texas SIP revision for control of VOC emissions
from storage tank, transport vessel and marine vessel degassing
operations adopted on January 26, 2011, and submitted on February 18,
2011. Specifically, we are approving revisions to 30 TAC 115 at
sections 115.540-115.547 and 115.549. The revisions (1) reformat the
existing rule to simplify and clarify rule requirements; (2) modify VOC
control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to
provide additional flexibility for affected owners and operators
allowing for the use of alternative control options; and (4) make non-
substantive changes to VOC control provisions that apply in Brazoria,
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and
Waller Counties.
    We are also making a ministerial correction to the table in 40 CFR
52.2270(c) to accurately reflect the revisions to Stage II control of
VOCs approved into the Texas SIP on March 17, 2014 (79 FR 14611).

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.

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);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide 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 November 23, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: September 9, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270(c), the table titled ``EPA APPROVED REGULATIONS IN
THE TEXAS SIP'' is amended by removing the entries for Sections 115.247
and 115.249, adding an entry for Section 115.540, and revising the
entries for sections 115.541 through 115.547 and 115.549 to read as
follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State approval/
         State citation               Title/Subject          Submittal    EPA approval date      Explanation
                                                               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter F--Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.540................  Applicability and             1/26/2011  9/23/2015 [Insert  ...................
                                  Definitions.                             Federal Register
                                                                           citation].
Section 115.541................  Emission Specifications       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.542................  Control Requirements...       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.543................  Alternate control             1/26/2011  9/23/2015 [Insert  ...................
                                  Requirements.                            Federal Register
                                                                           citation].
Section 115.544................  Inspection, Monitoring,       1/26/2011  9/23/2015 [Insert  ...................
                                  and Testing                              Federal Register
                                  Requirements.                            citation].
Section 115.545................  Approved Test Methods..       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.546................  Recordkeeping and             1/26/2011  9/23/2015 [Insert  ...................
                                  Notification                             Federal Register
                                  Requirements.                            citation].
Section 115.547................  Exemptions.............       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].

Section 115.549................  Compliance Schedules...       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].

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

* * * * *
[FR Doc. 2015-23379 Filed 9-22-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79537-79539]
[FR Doc No: 2011-32646]

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

40 CFR Part 52

[EPA-R03-OAR-2011-0721; FRL-9609-2]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Adhesives and Sealants Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. The revision adds section 4.0,
under Regulation 1141, relating to the control of emissions of volatile
organic compounds (VOC) from the manufacture, sale, use, or application
of adhesives, sealants, primers, and solvents. EPA is approving this
SIP revision to meet the requirements of a reasonably available control
technology (RACT) rule for the miscellaneous industrial adhesives
control techniques guideline (CTG) category in accordance with the
requirements of the Clean Air Act (CAA).

DATES: Effective date: This final rule is effective on January 23,
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0721. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection 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
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 23, 2011 (76 FR 59087), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the Delaware SIP revision that adds section 4.0--Adhesives
and Sealants under Regulation 1141--Limiting Emissions of Volatile
Organic Compounds from Consumer and Commercial Products in order to
reduce VOCs from commercially-used adhesive and sealant products. The
revision is part of Delaware's strategy to achieve and maintain the 8-
hour ozone national ambient air quality standard (NAAQS) throughout the
State. EPA received no comments on the NPR to approve Delaware's SIP
revision. The formal SIP revision was submitted by the State of
Delaware on June 9, 2009.

II. Summary of SIP Revision

    The new section 4.0 adds regulations that: (1) Set standards for
the application of adhesives, sealants, adhesive primers, and sealant
primers by providing options for appliers either to use a product with
a VOC content equal to or less than a specified limit or to use add-on
controls; (2) add definitions and terms for new product categories; (3)
establish that any person may not use or apply at the facility an
adhesive, sealant, adhesive primer or sealant primer that exceeds the
VOC content limits; (4) specify requirements for person of a facility
that uses or applies a surface preparation solvent or cleanup solvent
or removes an adhesive, sealant, adhesive primer, and sealant primer
from the parts of spray application equipment; (5) provide for an
alternative add-on control system requirement of at least 85 percent
overall control efficiency (capture and destruction), by weight; (6)
specify requirements for proper storage and disposal, work practices,
surface preparation, and cleanup solvent composition; and (7) specify
exemptions, as well as registration and product labeling requirements,
recordkeeping requirements, and test methods and compliance procedures.
These SIP revisions meet the requirement to adopt a RACT for the
miscellaneous industrial adhesives CTG category. Other specific
requirements and the rationale for EPA's proposed action are explained
in the Technical Support Document (TSD) prepared for the September 23,
2011 proposed rulemaking action which is available on-line at
www.regulations.gov, Docket number EPA-R03-OAR-2011-0721. No public
comments were received on the NPR.

III. Final Action

    EPA is approving the Delaware SIP revision that adds section 4.0--
Adhesives and Sealants to Regulation 1141--Limiting Emissions of
Volatile Organic Compounds from Consumer and Commercial Products.

IV. Statutory and Executive Order Reviews

A. General Requirements

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

    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 21, 2012. 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 approving Delaware's control of VOCs from adhesives
and sealants 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: December 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by adding an
entry for Regulation 1141, Section 4.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
 State regulation (7 DNREC 1100)       Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1141.............................  Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
                                    Products
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 4.0......................  Adhesives & Sealants      4/11/09  12/22/11 [Insert      Addition of VOC
                                                                       page number where     limits for adhesive
                                                                       the document          and sealant
                                                                       begins].              products, including
                                                                                25 adhesives, 4
                                                                                adhesive primers, 5
                                                                                sealants, and 3
                                                                                sealant primers.

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

* * * * *
[FR Doc. 2011-32646 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P