[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16519]
[FR Doc No: 2013-06040]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0033; OMB No. 1660-0082]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before April 15, 2013.

ADDRESSES: 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 the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Application for Community Disaster Loan Cancellation.
    Type of information collection: Revision of a currently approved
information Collection.
    Form Titles and Numbers: FEMA Form 009-0-15.
    Abstract: Local governments may submit an Application for Loan
Cancellation through the Governor's Authorized Representative to the
FEMA Regional Administrator prior to the expiration date of the loan.
FEMA has the authority to cancel repayment of all or part of a
Community Disaster Loan or a Special Community Disaster Loan to the
extent that a determination is made that revenues of the local
government during the three fiscal years following the disaster are
insufficient to meet the operating budget of that local government
because of disaster related revenue losses and additional non-
reimbursable disaster related municipal operating expenses. Operating
budget means actual revenues and expenditures of the local government
as published in the official financial statements of the local
government
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 27.
    Estimated Total Annual Burden Hours: 27.
    Estimated Cost: There are no recordkeeping, capital, start-up or
maintenance costs associated with this information collection

    Dated: March 5, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-06040 Filed 3-14-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Page 59481]
[FR Doc No: 2011-24637]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifty Eighth Meeting: RTCA Special Committee 135, Environmental
Conditions and Test Procedures for Airborne Equipment

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

ACTION: Notice of Joint RTCA Special Committee 135: Environmental
Conditions and Test Procedures for Airborne Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 135: Environmental Conditions and
Test Procedures for Airborne Equipment

DATES: The meeting will be held October 20, 2011 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street,
NW., Suite 910, Washington, DC, 20036.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1150 18th
Street, NW., Suite 910, Washington, DC, 20036; telephone (202) 833-
9339; fax<PHONE_NUMBER>; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 135: Environmental
Conditions and Test Procedures for Airborne Equipment.
    The agenda will include:

Thursday, October 20, 2011

     9 a.m.-5 p.m.
     Chairmen's Opening Remarks, Introductions.
     Approval of Summary from Fifty-Seventh Meeting (RTCA Paper
No. 166-11/SC 135-685).
     Review Approved Revised SC135 TOR (Terms of Reference)--
Environmental Conditions and Test Procedures for Airborne Equipment--
(RTCA Paper No. 067-11/PMC-887).
     Review Proposed User's Guides.
     Review Working Group Activities.
     New or unfinished business.
     Establish Date for Next SC-135 Meeting.
     Adjourn.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, September 19, 2011.
Robert L. Bostiga,
Manager, RTCA Advisory Committee.
[FR Doc. 2011-24637 Filed 9-23-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18502-18504]
[FR Doc No: 2017-07876]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80456; File No. SR-NYSE-2017-14]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposal To Adopt a Fee
Schedule for Acquisition Companies

April 13, 2017.
    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 April 4, 2017, 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,
II, and III 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt a fee schedule for Acquisition
Companies. The proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
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 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt a flat initial listing fee for
Acquisition Companies and exempt Acquisition Companies from the
Exchange's Initial Application Fee. Acquisition Companies (commonly
referred to in the marketplace as ``special purpose acquisition
companies'' or ``SPACs'') are listed pursuant to Section 102.06 of the
NYSE Listed Company Manual (the ``Manual''). Currently, Acquisition
Companies are subject to the initial listing and annual fee schedule
set forth in Section 902.03 of the Manual and applied generally to
listed operating companies.
    The Exchange proposes to adopt new Section 902.11 of the Manual to
establish a separate listing fee schedule for Acquisition Companies.
Under proposed Section 902.11, Acquisition Companies would be subject
to a flat fee of $85,000 upon initial listing. Proposed Section 902.11
would specify that the common stock and warrants listed by Acquisition
Companies would continue to be subject to the annual listing fees set
forth for those categories of securities in Section 902.03.
    Acquisition Companies typically sell units in their initial public
offering, consisting of a common equity security and a whole or
fractional warrant to purchase common stock.\4\ Holders of Acquisition
Company units typically have the right to separate the units shortly
after the IPO and the Exchange lists the common equity securities and
the warrants (in addition to the units) upon separation.
---------------------------------------------------------------------------

    \4\ The number of warrants included in the units sold in an
Acquisition Company IPO varies. Sometimes there is a warrant to
purchase one common share included as part of each unit. Recently
the units sold in some Acquisition Company IPOs have included a
fractional warrant to purchase a share. In order to exercise these
fractional warrants or trade them separate from the units, an
investor would need to acquire sufficient warrants to be able to
exercise them for whole numbers of shares.
---------------------------------------------------------------------------

    The flat initial listing fee in proposed Section 902.11 would be
lower than the minimum initial listing fee applicable to Acquisition
Companies under Section 902.03.\5\ The Exchange notes that Acquisition
Companies differ in some important respects from traditional operating
companies and believes that these differences make it reasonable to
adopt a separate initial listing fee schedule for Acquisition
Companies.
---------------------------------------------------------------------------

    \5\ A new class of common stock listed on the NYSE is subject to
a minimum initial listing fee of $125,000 and an additional one-time
special charge of $50,000. As such, the minimum aggregate initial
listing fees an Acquisition Company must pay in relation to its
common stock alone amounts to $175,000. In addition, an Acquisition
Company has to pay initial listing fees for its warrants under the
schedule set forth for short-term securities (i.e., securities with
a maximum life of no more than seven years) in Section 902.06.
Consequently, the minimum fees currently charged in connection with
an Acquisition Company initial listing far exceed the proposed flat
fee of $85,000.
---------------------------------------------------------------------------

    An Acquisition Company's listing often lasts for a brief period of
time. Under the Acquisition Company structure, the company's charter
provides that it must either enter into a business combination within a
specified limited period of time (typically two years or less, but no
longer than three years is permitted under Section 102.06) or return
the funds held in trust to the company's shareholders and dissolve the
company.\6\ Acquisition Company business combinations do not always
result in a continued listing of the post-business combination entity,
as the resultant entity may be a private company or list on another
exchange or the Acquisition Company may be acquired by another company
that is already listed. In contrast to an Acquisition Company, when an
operating company lists, it is reasonable to expect that it will likely
remain listed for many years. A listed operating company can therefore
view the upfront cost of paying initial listing fees as relating to the
benefits it receives from its NYSE listing over an extended period,
including such things as the prestige associated with a listing, the
liquid trading market, access to the NYSE's physical facilities, the
NYSE's technological infrastructure, and the Exchange's regulatory
program. Acquisition Companies, on the other hand, must assess the
economic value of a listing on the basis of a potentially very brief
period of listing. Given the much shorter average length of an
Acquisition Company's listing, the Exchange believes it is reasonable
to charge Acquisition Companies lower initial listing fees than
operating companies.
---------------------------------------------------------------------------

    \6\ An Acquisition Company which remains listed upon
consummation of its business combination is not subject to
additional initial listing fees at that time, although it must pay
supplemental listing fees with respect to any additional shares of
common stock issued in connection with the business combination. An
Acquisition Company transferring from another national securities
exchange is not required to pay initial listing fees.
---------------------------------------------------------------------------

    Proposed Section 902.11 would make clear that Acquisition Companies
would not be subject to the $25,000 Initial Application Fee charged to
applicants under Section 902.03. Given the significantly lower initial
listing fees that would be charged to Acquisition Company applicants
under proposed Section 902.11, a $25,000 Initial Application Fee would
represent a much higher percentage of the initial listing fees payable
upon listing than it would for an operating company applicant. In
addition, the Initial Application Fee is used to reduce the initial
listing fees an applicant pays upon listing. The Exchange has also
observed that Acquisition Company IPOs are significantly more likely to
be completed than proposed operating company IPOs, so the likelihood
that the Exchange will forego revenue if it does not charge the Initial
Application Fee to Acquisition Companies is significantly reduced.
    The Exchange does not expect the financial impact of these two
proposed amendments to be material in terms of the level of listing
fees collected from issuers on the Exchange. Specifically, the Exchange
notes that Acquisition Companies represent a relatively small number of
potential listings and therefore anticipates that only a limited number
of Acquisition Companies will list. Accordingly, the Exchange believes
that the proposed rule change will not impact the Exchange's resource
commitment to its regulatory oversight of the listing process or its
regulatory programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

Section 6(b) of the Exchange Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) \8\ of the Exchange Act, in particular,
in that it is designed to provide for the equitable allocation of
reasonable dues, fees, and other charges and is not designed to permit
unfair discrimination among its members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with Section 6(b)(5) of the Exchange Act, in
particular in that it is designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with Sections 6(b)(4) and 6(b)(5) of the Exchange Act in that it
represents an equitable allocation of fees and does not unfairly
discriminate among listed companies. In particular, the Exchange notes
that the proposed amendment is not unfairly discriminatory as
Acquisition Companies frequently have a much shorter period of listing
on the Exchange than operating companies. It is not unfairly
discriminatory to exempt Acquisition Companies from the Initial
Application Fee because the Initial Application Fee would represent a
significantly larger percentage of the initial listing fees payable by
an Acquisition Company upon listing and Acquisition Companies are more
likely than operating companies to successful complete their IPO so the
Exchange is less likely to forego revenue if they do not pay the
Initial Application Fee.

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. The proposed rule change is
designed to adopt reduced initial listing fees for Acquisition
Companies and will therefore increase the competition for the listing
of those companies by making the NYSE a more attractive listing venue
for them.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2017-14 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2017-14. This file
number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2017-14 and should be
submitted on or before May 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2017-07876 Filed 4-18-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54440]
[DOCID:fr19se08-106]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of: EA Industries, Inc., Ebiz Enterprises, Inc.,
and Einstein Noah Bagel Corp. (n/k/a ENBC Corp.); Order of Suspension
of Trading

September 17, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EA Industries, Inc. because it has not filed any periodic reports since
the period ended June 27, 1998.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ebiz Enterprises, Inc. because it has not filed any periodic reports
since the period ended December 31, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Einstein Noah Bagel Corp. (n/k/a ENBC Corp.) because it has not filed
any periodic reports since the period ended April 24, 2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on September 17, 2008, through 11:59 p.m. EDT on September 30, 2008.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E8-22071 Filed 9-17-08; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54952-54953]
[FR Doc No: 2013-21697]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-16265]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated August

1, 2013, the Long Island Rail Road (LIRR) has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR 229.81, Emergency Pole; shoe insulation. FRA assigned the petition
Docket Number FRA-2003-16265.
    Title 49 CFR 229.81(b) requires that each locomotive equipped with
third rail shoes shall have a device for insulating the current
collecting apparatus from the third rail. LIRR previously had in place
a waiver related to third rail insulating devices called for in 49 CFR
229.81. This waiver was renewed on March 30, 2004. Due to an oversight
on the part of LIRR, renewal of this waiver was not requested in a
timely manner and is now being sought. The rationale for this waiver,
originally granted in 1981, and subsequently extended and expanded to
newer fleets of equipment, is that LIRR's existing procedures and
infrastructure provide a greater degree of safety than the devices
required in this rule. Removing third rail power from rolling stock
equipped with contact shoes by means of such devices would require
placement of at least two devices per DMU locomotive, four devices per
pair of multiple-unit (MU) cars, and 24 devices for a 12-car MU train.
Each of these would be placed separately in proximity to the 750-volt
third rail under whatever lighting and weather conditions prevailed.
This would be both a time consuming and potentially hazardous means to
remove power from the equipment.
    LIRR requests instead to continue to use the guidance of LIRR-290
(formerly known as CT-290) wherein requests for removal of power are
made by radio or telephone to the Engineering System Operator (ESO).
Detailed third-rail plans are maintained by the ESO, train dispatchers,
and block operators, along with records of requests for removal of
third-rail power, which include name, title, location, and reason for
removal of power. Only the person who requested the removal of power,
or someone to whom they have transferred that authority, can request
restoration of power. This process provides safeguards against
accidental restoration of power that could occur with the slippage or
inadvertent removal of any of the insulating devices that the rule
calls for; the process also allows for the safe and remote removal of
power, away from the affected equipment. LIRR requests that FRA
considers this waiver as having been in continuous effect since
September 1, 1981.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 21, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-21697 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75528-75529]
[DOCID:fr15de06-60]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-28-000]

Southern Natural Gas Company; Notice of Application

December 11, 2006.
    Take notice that on December 1, 2006, Southern Natural Gas Company
(Southern), 1900 Fifth Avenue North, Birmingham, Alabama 35203, filed
in Docket No. CP07-28-000, an application pursuant to sections 7(b)

and (c) of the Natural Gas Act (NGA) and Part 157 of the Commission's
Regulations, for authorization to abandon and modify certain pipeline
and appurtenant facilities on its 22-inch North Main Loop Line and for
a certificate of public convenience and necessity authorizing the
construction, installation, and operation of certain pipeline
facilities on its 24-inch 2nd Northern Main Loop Line located in
Tuscaloosa County, Alabama, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. This filing is accessible online 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>.
    In its application, Southern states that it is currently involved
in an extensive pipeline integrity program (PIP). As part of the PIP,
Southern has identified for replacement, certain sections of pipe which
were constructed using a mechanical coupling methodology. One of these
areas is the North Main Loop Line from 271.65 to Milepost 281.27 (9.62
miles) located in Tuscaloosa County, Alabama. Southern proposes to
abandon in place a portion of the North Main Loop Segment from Milepost
278.48 to Milepost 281.27 (2.79 miles). Also, Southern proposes to
abandon and remove a portion of the North Main Loop Segment from
Milepost 271.65 to Milepost 278.48 (6.83 miles). Southern proposes to
install a new 22-inch mainline gate assembly at Milepost 278.48 and
install a new 12-inch blind flange to close the 12-inch crossover value
at Milepost 281.02. Southern proposes to install a new 20-inch
crossover connection at the Black Warrior River West Header at Milepost
281.23 between the 22-inch North Main Line and the 22-inch North Main
Loop Line. The crossover connection will be accomplished by installing
a new 20-inch tap on the 22-inch Northern Main Line and a short segment
of new 20-inch crossover pipe for connection to the 22-inch North Main
Loop Line.
    Also, Southern requests authority to extend its 24-inch 2nd North
Main Loop Line, by constructing, installing and operating 6.83 miles of
24-inch pipeline from Milepost 148.93 to Milepost 155.75 in Tuscaloosa
County, Alabama. This new segment of 24-inch pipeline will be installed
in the current location of the 22-inch pipeline proposed to be
abandoned. Southern stated that the installation of this segment of the
24-inch 2nd North Main Loop Line provide the sufficient capacity and
the level of service necessary to continue to serve its existing
customers in this area. The cost of constructing the 2nd North Main
Loop Segment is estimated to be $10.4 million.
    Any questions regarding this application should be directed to
Patrick B. Pope, Vice President and General Counsel or Patricia S.
Francis, Senior Counsel for Southern, Post Office Box 2563, Birmingham,
Alabama 35202-2563, at<PHONE_NUMBER> or<PHONE_NUMBER>, respectively.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link at http://www.ferc.gov. The Commission strongly encourages

intervenors to file electronically. Persons unable to file
electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    Comment Date: 5 p.m. eastern standard time, January 2, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-21413 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53137-53140]
[DOCID:fr15se08-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2008-0614; FRL-8713-8]

Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the
Missouri State Implementation Plan (SIP) and Operating Permits Program.
EPA is approving a revision to the Missouri rule entitled ``Submission
of Emission Data, Emission Fees, and Process Information.'' These
revisions will establish emission fees for the Missouri facilities as
required annually, align state rule reporting requirements with the
Federal Consolidated Emission Reporting Rule (CERR), and decrease the
required Emissions Inventory Questionnaire (EIQ) reporting frequency
for affected installations.

DATES: This direct final rule will be effective November 14, 2008,
without further notice, unless EPA receives adverse comment by October
15, 2008. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0614, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Amy Algoe-Eakin, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0614. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 to 4:30,
excluding Federal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:

What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is the Part 70 Operating Permits Program?
What is the Federal approval process for an Operating Permits
Program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70
revision been met?
What action is EPA taking?

What is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

What is the Federal approval process for a SIP?

    In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
    All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have

approved a given state regulation with a specific effective date.

What does Federal approval of a state regulation mean to me?

    Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.

What is the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
    Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
    Revisions to the state operating permits program are also subject
to public notice, comment, and our approval.

What is the Federal approval process for an Operating Permits Program?

    In order for state regulations to be incorporated into the
Federally-enforceable Title V operating permits program, states must
formally adopt regulations consistent with state and Federal
requirements. This process generally includes a public notice, public
hearing, public comment period, and a formal adoption by a state-
authorized rulemaking body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the approved operating
permits program. We must provide public notice and seek additional
public comment regarding the proposed Federal action on the state
submission. If adverse comments are received, they must be addressed
prior to any final Federal action by us.
    All state regulations and supporting information approved by EPA
under section 502 of the CAA are incorporated into the Federally-
approved operating permits program. Records of such actions are
maintained in the CFR at Title 40, part 70, appendix A, entitled
``Approval Status of State and Local Operating Permits Programs.''

What is being addressed in this document?

    Missouri, in its letter of December 21, 2007, requested that EPA
approve a revision to the SIP and Title V operating permits program to
include revisions to rule 10 CSR 10-6.110, ``Submission of Emission
Data, Emission Fees, and Process Information.'' This rule deals with
submittal of emissions information, emission fees, and public
availability of emissions data. It provides procedures for collection,
recording, and submittal of emissions data and process information on
state-supplied Emission Inventory Questionnaire (EIQ) forms and
Emission Statement forms so that the state can calculate emissions for
the purpose of state air resource planning. In addition, these forms
provide a basis for the assessment of emissions fees for the Title V
operating permit program. The revisions were made to align state
reporting requirements with the Federal Consolidated Emissions
Reporting Rule (CERR), to update references in the rule, and to
decrease the required EIQ reporting frequency for affected
installations. Revisions to 10 CSR 10-6.110 are described in the
following paragraphs.
    Subsection (1)(A), and paragraphs (3)(A)2, (3)(A)3, and (3)(A)4
were revised to renumber the reference to the Reporting Frequency table
from (3)(A)5 to (3)(A)6. This is an administrative amendment which does
not change any substantive provisions in the rule.
    Subsection (1)(B) was revised to align state reporting requirements
with the Federal CERR. These changes are consistent with and, in some
cases, more stringent than the CERR. This rule was revised to clarify
that annual reporting of volatile organic compounds, nitrous oxides and
carbon monoxide is required in nonattainment areas. A provision was
added that indicates any changes to the annual emissions statement form
will be presented to the regulated community for a forty-five day
public comment period.
    Section (2) identifies definitions and added subsections (2)(A),
(2)(B), (2)(C), and (2)(D) to include Peak Ozone Season, CERR,
Reporting Year, and a reference for other terms as specified in 10 CSR
10-6.020.
    Paragraph (3)(A)3 was revised to change the due date of EIQ forms
from ninety (90) days after the end of the reporting period, to June 1
of each year, and to delete a redundant sentence.
    Paragraph (3)(A)4 was revised to align state reporting requirements
with the Federal CERR by clarifying reporting thresholds for ozone
nonattainment areas and to add the word ``pollutant.'' These changes
are consistent with and, in some cases, more stringent than the CERR.
    Paragraphs (3)(A)6 and (3)(A)5 were renumbered. The Reporting
Frequency table under the newly renumbered paragraph (3)(A)6 was
modified to add separate reporting frequency requirements (every three
years rather than annually) for installations required to obtain a
Basic State Operating Permit under 10 CSR 10-6.065. Under Missouri's
rules, ``basic'' sources are small sources to which EPA's reporting
rules do not apply. Paragraphs within the reporting frequency table
were renumbered. For sources smaller than basic sources, the reporting
frequency was changed from five to six years. These latter sources are
also not covered by EPA's reporting rules.
    Finally, paragraph 5 of the table was revised to clarify that
sources of ozone precursors and carbon monoxide, in ozone nonattainment
areas, must file annual reports if they emit 10 or more tons of any of
these (non-major) pollutants during a peak ozone season.
    By state statute, the emission fees are set annually to fund the
reasonable cost of administering the program. Missouri continually
evaluates the operating permits program financial situation. Revisions
to subsection (3)(D) address changes to the Missouri operating permits
program.
    Paragraph (3)(D)1 was revised to increase the emissions fee from
thirty four dollars and fifty cents ($34.50) per ton of regulated air
pollutant to forty dollars and no cents ($40.00), to change the
calendar year from 2006 to 2007,

and to update reporting criteria requirements.
    Paragraph (3)(D)2.D was revised to update and make corrections for
the air pollutants for which the fees are not assessed. The revision
provided a typographical revision by substituting carbon monoxide for
carbon oxide, and also added ammonia and ``PM2.5 particulate matter''
emissions.
    Paragraph (3)(D)2.F replaced the phrase ``each year'' with
``annually'' and added a reference to paragraph (3)(A)6 for required
reporting schedules.
    The rule revisions do not change the stringency of the SIP or Title
V program and the revisions otherwise meet the EPA requirements for
both programs.

Have the requirements for approval of a SIP revision and a Part 70
revision been met?

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, these revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. These revisions are minor clarifications,
updates, and corrections which do not affect the stringency of existing
requirements. These revisions are also consistent with applicable EPA
requirements in Title V of the CAA and 40 CFR part 70.

What action is EPA taking?

    We are approving revisions to the Missouri SIP and incorporating
the revised rule 10 CSR 10-6.110, ``Submission of Emissions Data,
Emission Fees, and Process Information.''
    We are also approving revisions to subsection 3(D)1, and paragraphs
3(D)2.D and 3(D)2.F of this rule as program revisions to the state's
Part 70 Operating Permits Program.
    We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
    In reviewing SIP and Title V submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 14, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating

permits, Reporting and recordkeeping requirements.

    Dated: September 4, 2008.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by revising
the entry for 10-6.110 to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
     Missouri citation               Title          effective date    EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.110...................  Submission of                12/30/07  09/15/08 [insert FR    Section (3)(D),
                              Emission Data,                         page number where      Emissions Fees, has
                              Emission Fees, and                     the document begins].  not been approved as
                              Process Information.                                          part of the SIP.
----------------------------------------------------------------------------------------------------------------

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

* * * * *

PART 70--[AMENDED]

0
3. The authority citation for part 70 continues to read as follows:

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

Appendix A--[Amended]

0
4. Appendix A to part 70 is amended by adding paragraph (v) under
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Missouri

* * * * *
    (v) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Submission of Emission
Data, Emission Fees, and Process Information'' on December 21, 2007;
approval of section (3)(D) effective November 14, 2008.
* * * * *
[FR Doc. E8-21181 Filed 9-12-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17108-17109]
[FR Doc No: 2012-7129]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27897; FMCSA-2009-0011]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
14 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 27, 2012. Comments must be
received on or before April 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-2007-27897; FMCSA-2009-0011,
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in

the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 14 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 14 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Dwight A. Bennett (MD)
Chad L. Burnham (ME)
Loren D. Chapman (MN)
David A. Christenson (NV)
Charles R. Everett (TN)
Charles D. Grady (GA)
Paul K. Leger (NH)
Robert L. Postell (GA)
Martin L. Reyes (IL)
Gerald L. Rush, Jr. (NJ)
Gary F. Segur (MI)
Alan T. Watterson (MA)
David E. Williford (NC)
Larry Winkler (MO)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (72 FR 39879; 72 FR 52419; 75 FR 8184; 75 FR 9480; 75 FR
22176). Each of these 14 applicants has requested renewal of the
exemption and has submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by April 23, 2012.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 14 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: March 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-7129 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57168]
[DOCID:fr04no09-65]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0684; FRL-8798-3]

Receipt of Petition Requesting EPA to Suspend the Registration of
Rozol Prairie Dog Bait and Cancel Certain Application Sites; Extension
of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of October 7,
2009, concerning the receipt of a petition that requested the
suspension of Rozol Prairie Dog Bait and also requested the
cancellation of certain application sites for the product. This
document extends the comment period for 31 days, from November 6, 2009
to December 7, 2009.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2009-0684, must be received on or before December 7, 2009.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of October 7, 2009.

FOR FURTHER INFORMATION CONTACT: Dan Peacock, Registration Division
(7505P), 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: This document extends the public comment
period established in the Federal Register of October 7, 2009 (74 FR
51601) (FRL-8436-1). In that document, EPA provided an opportunity for
public comment on a petition received from the World Wildlife Fund
(WWF) that asked the Agency to suspend the registration of Rozol
Prairie Dog Bait (EPA Reg. No. 7173-286) and cancel certain application
sites for the product. The primary basis for the petition is the
potential effect of this product on non-target species, including
certain predators and scavengers of the black-tailed prairie dog. EPA
is hereby extending the comment period, which was set to end on
November 6, 2009 to December 7, 2009.
    To submit comments, or access the docket, please follow the
detailed instructions as provided under ADDRESSES in the October 7,
2009 Federal Register document. If you have questions, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, pesticides, and pests.

    Dated: October 29, 2009
 Debra Edwards,
Director, Office of Pesticide Programs.

[FR Doc. E9-26522 Filed 11-3-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1716-1717]
[DOCID:fr16ja07-45]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-28-000]

Xcel Energy Services Inc., Complainant v. Southwest Power Pool,
Inc., Respondent; Notice of Complaint

January 9, 2007.
    Take notice that on January 4, 2007, pursuant to sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824e and 825e and Rule 206 of
the Rules and Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.206, Xcel

Energy Services Inc., (Complainant), on behalf of itself and
Southwestern Public Service Company (SPS) filed a formal complaint
against Southwest Power Pool, Inc. (Respondent) requesting the
Commission to interpret the Respondent's Open Access Transmission
Tariff and relevant business practices and find that the Respondent
does not have the authority to unilaterally register assets to SPS
without SPS's consent. The Complainant also requests an Order from the
Commission directing the Respondent to remove the assets from the list
of generation facilities for which SPS is registered in the Respondents
EIS Market, until such time as SPS agrees to register these facilities
itself.
    The Complainant requests fast track processing of its complaint due
to the Respondents EIS Market schedule which commences operations on
February 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 16, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-446 Filed 1-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Proposed Rules]
[Page 36865]
[FR Doc No: 2019-16063]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1998-0006; FRL-9997-19-Region 2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Peter Cooper Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing
a Notice of Intent to Delete the Peter Cooper Superfund Site (Site)
located in the Village of Gowanda, Cattaraugus County, New York, from
the National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of New York, through the Department of Environmental Conservation
(NYSDEC), have determined that all appropriate response actions under
CERCLA, other than operation and maintenance, monitoring and five-year
reviews, have been completed. However, this deletion does not preclude
future actions under Superfund.

DATES: Comments must be received by August 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1998-0006, by mail to Sherrel Henry, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th
Floor, New York, New York 10007-1866. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the Rules and Regulations section of this issue of the
Federal Register.

FOR FURTHER INFORMATION CONTACT: Sherrel Henry, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
20th Floor, New York, New York 10007-1866,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this issue of the Federal Register, we are publishing a direct final
Notice of Deletion of the Peter Cooper Superfund Site without prior
Notice of Intent to Delete because we view this as a noncontroversial
revision and anticipate no adverse comment. We have explained our
reasons for this deletion in the preamble to the direct final Notice of
Deletion, and those reasons are incorporated herein. If we receive no
adverse comment(s) on this deletion action, we will not take further
action on this Notice of Intent to Delete. If we receive adverse
comment(s), we will withdraw the direct final Notice of Deletion, and
it will not take effect. We will, as appropriate, address all public
comments in a subsequent final Notice of Deletion based on this Notice
of Intent to Delete. We will not institute a second comment period on
this Notice of Intent to Delete. Any parties interested in commenting
must do so at this time.
    For additional information, see the direct final Notice of Deletion
which is located in the Rules and Regulations section of this Federal
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

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

    Dated: July 16, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-16063 Filed 7-29-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 4, 2009 (Volume 74, Number 148)]
[Notices]
[Page 38610-38611]
[DOCID:fr04au09-38]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

July 29, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-842-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Cheniere Creole Trail Pipeline, LP submits Second
Revised Sheet No 199 et al to its FERC Gas Tariff, Original Volume No
1.
    Filed Date: 07/24/2009.
    Accession Number: 20090727-0041.

    Comment Date: 5 p.m. Eastern Time on Wednesday, August 05, 2009.

    Docket Numbers: RP09-843-000.
    Applicants: CenterPoint Energy Gas Transmission Company.
    Description: CenterPoint Energy Gas Transmission Company submits
Seventh Revised Sheet 1 et al to FERC Gas Tariff, Sixth Revised Volume
1, to be effective 8/26/09.
    Filed Date: 07/27/2009.
    Accession Number: 20090728-0068.
    Comment Date: 5 p.m. Eastern Time on Monday, August 10, 2009.

    Docket Numbers: RP09-844-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits First Revised
Sheet No 407 et al to its FERC Gas Tariff, Third Revised Volume No 1,
to be effective 9/1/09.
    Filed Date: 07/28/2009.
    Accession Number: 20090729-0122.
    Comment Date: 5 p.m. Eastern Time on Monday, August 10, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-18500 Filed 8-3-09; 8:45 am]

BILLING CODE 6717-01-P


 ADVANCE \y63

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION III

1650 Arch Street

	Philadelphia, Pennsylvania  19103-2029

									October 29, 2010

Mr. David K. Paylor, Director

Virginia Department of Environmental Quality

P.O. Box 1105

Richmond, Virginia 23218

Dear Mr. Paylor:

On September 29, 2010, U.S. Environmental Protection Agency (EPA)
received a revision to the Virginia State Implementation Plan (SIP) from
the Virginia Department of Environmental Quality which moves
Virginia’s regulation for open burning from 9VAC5, Chapter 40, Part
II, Article 40 (repealed) to 9VAC5, Chapter 130 (added).  EPA has
determined that the submittal is administratively and technically
complete, and is reviewing it to prepare a Direct Final Rulemaking
Notice action.

If members of your staff have any questions, they may direct them to Mr.
Harold A. Frankford at<PHONE_NUMBER>.  He is the principal contact for
this rulemaking.

	Sincerely,

						/s/

          Diana Esher, Director

Air Protection Division

	Customer Service Hotline: 1-800-438-2474


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7041-7043]
[DOCID:fr10fe06-69]

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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-EPA-HQ-2005-0494; FRL-7762-6]

Rotenone Risk Assessments; Notice of Availability, and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's risk
assessments, and related documents for the pesticide rotenone, and
opens a public comment period on these documents. The public is
encouraged to suggest risk management ideas or proposals to address the
risks identified. EPA is developing a Reregistration Eligibility
Decision (RED), for roteneone through a modified, 4-Phase public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before April 11, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number OPP-EPA-HQ-2005-0494, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    Hand delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number OPP-EPA-HQ-2005-0494. The
docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the docket
facility is<PHONE_NUMBER>. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    Instructions. Direct your comments to docket ID number OPP-EPA-HQ-
2005-0494. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be captured automatically and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA

recommends that you include your name and other contact information in
the body of your comment and with any disk or CD ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket, visit the EPA Docket
Center homepage at http://www.epa.gov/epahome/docket.htm/.

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

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

FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail 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. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

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

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

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for rotenone. Rotenone is a botanical insecticide, acaracide, and
piscicide obtained from extracts of roots, seeds, and leaves of various
plants that are members of the pea or bean family (Leguminosae),
including jewel vine (Derris spp.). EPA developed the risk assessments
and risk characterization for rotenone through a modified version of
its public process for making pesticide reregistration eligibility and
tolerance reassessment decisions. Through these programs, EPA is
ensuring that pesticides meet current standards under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal
Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality
Protection Act of 1996 (FQPA).
    Rotenone is used as a insecticide, acaracide, and piscicide in many
different use sites. It is used as an insecticide/acaracide for home
and garden use, as an insecticide/acaracide for agricultural crops, and
as a an insecticide on domesticated animals by veterinarians and
private citizens. Rotenone also has an important use as a piscicide in
fisheries and in lakes and streams to eradicate unwanted species.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for rotenone. Such comments and input could address, for
example, the availability of additional data to further refine the risk
assessments, such as worker exposure information, or could address the
Agency's risk assessment methodologies and assumptions as applied to
this specific pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for rotenone. Risks of concern associated
with the use of rotenone are: Risk to private citizens when rotenone is
used in and around the home, garden, and on pets; post-application risk
to adults, youth and children when rotenone is used around the home,
garden, and on pets; risk to swimmers when rotenone is used in lakes,
ponds, and streams; risk to occupational handlers when rotenone is used
in agriculture, around residential homes, and when used as a piscicide
in lakes, ponds and streams. In targeting these risks of concern, the
Agency solicits information on effective and practical risk reduction
measures.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to

rotenone, compared to the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For rotenone, a modified, 4-Phase process with one comment
period and ample opportunity for public consultation seems appropriate
in view of its limited use and small number of users. However, if as a
result of comments received during this comment period EPA finds that
additional issues warranting further discussion are raised, the Agency
may lengthen the process and include a second comment period, as
needed.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for rotenone. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 3, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-1902 Filed 2-9-06; 8:45 am]

BILLING CODE 6560-50-S