[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71174-71175]
[DOCID:fr25no05-107]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0217(2006)]

Blasting and the Use of Explosives; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements contained in 29
CFR part 1926, subpart U--Blasting and the Use of Explosives as well as
several newly-identified information collection requirements contained
in this subpart.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received)
by January 24, 2006.
    Facsimile and electronic transmission: Your comments must be
received by January 24, 2006.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0127(2006), by any of the following methods:
    Regular method, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number
is<PHONE_NUMBER>). OSHA Docket Office and Department of Labor hours
are 8:15 a.m. to 4:45 p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
 Follow instructions on the OSHA Web page for

submitting comments.
    Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In

addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Michael Buchet at the address below to obtain a
copy of the ICR. For additional information on submitting comments,
please see the ``Public Participation'' heading in the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael Buchet, Directorate of
Construction, OSHA, Room N-3468, 200 Constitution Avenue, NW.,
Washington, DC 20210, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657).
    The following is a brief description of the requirements in subpart
U that pertain to the collection and retention of information:

General Provisions (Sec.  1926.900)

    Section 1926.900(d)--Paragraph (d) states that employers must
ensure that explosives not in use are kept in a locked magazine,
unavailable to persons not authorized to handle the explosives. The
employers must maintain an inventory and use records of all explosives;
in use and not in use. In addition, the employer must notify the
appropriate authorities in the event of loss, theft, or unauthorized
entry into a magazine.
    Section 1926.900(k)(3)(i)--Paragraph (k)(3)(i) requires employers
to display adequate signs warning against the use of mobile radio
transmitters on all roads within 1,000 feet of blasting operations to
prevent the accidental discharge of electric blasting caps caused by
current induced by radar, radio transmitters, lightning, adjacent
powerlines, dust

storms, or other sources of extraneous electricity. The employer must
certify and maintain a record of alternative provisions made to
adequately prevent any premature firing of electric firing of electric
blasting caps.
    Section 1926.900(o)--Employers must notify the operators and/or
owners of overhead power lines, communication lines, utility lines, or
other services and structures when blasting operations will take place
in proximity to those lines, services, or structures.
    Section 1926.903(d)--The employer must notify the hoist operator
prior to transporting explosives or blasting agents in a shaft
conveyance.
    Section 1926.903(e)--Employers must perform weekly inspections on
the electrical system of trucks used for underground transportation of
explosives. The weekly inspection is to detect any failure in the
system which would constitute an electrical hazard. The most recent
certification of inspection must be maintained and must include the
date of inspection, a serial number or other identifier of the truck
inspected, and the signature of the person performing the inspection.
    Section 1926.905(t)--Under Sec.  1926.905(t), the employer blaster
must maintain an accurate and up-to-date record of explosives, blasting
agents, and blasting supplies used in a blast. In addition, the
employer must also maintain a running inventory of all explosives and
blasting agent stored on the operation.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting the OMB extend the approval of the information
collection requirements necessitated by 29 CFR part 1926, subpart U--
Blasting Operations and the Use of Explosives. The Agency will include
this summary in its request to OMB to extend the approval of these
information collection requirements.
    Type of Review: Extension of currently approved information
collection requirements.
    Title: 29 CFR part 1926, subpart U--Blasting Operations and the Use
of Explosives.
    OMB Number: 1218-0217.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, local or tribal government.
    Frequency: On occasion.
    Average Time Per Response: Time varies from five minutes to notify
a hoist operator of blasting agents to eight hours to develop an
alternative plan if an employer is unable to display adequate warning
signs against the use of mobile transmitters during blasting
operations.
    Estimated Total Burden Hours: 322,523.
    Estimated Cost (Operation and Maintenance): $800,000.

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

    You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) Fax transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY<PHONE_NUMBER>) for information about security procedures
concerning the delivery of submissions by express delivery, hand
delivery, and courier service.
    All comments, submissions, and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Web page are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for

information about materials not available through the OSHA Web page and
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.), and Secretary of Labor's Order No. 5-
2002 (67 FR 65008).

    Signed at Washington, DC, on November 21, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-23292 Filed 11-23-05; 8:45 am]

BILLING CODE 4510-26-M


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34887-34888]
[FR Doc No: 2019-15309]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2019-0204; FRL-9996-86-OECA]

Enhancing Effective Partnerships Between the EPA and the States
in Civil Enforcement and Compliance Assurance Work

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) Office of
Enforcement and Compliance Assurance (OECA) is issuing a final policy
on Enhancing Effective Partnerships Between the EPA and the States in
Civil Enforcement and Compliance Assurance Work. The final policy is
available for review at https://www.epa.gov/sites/production/files/2019-07/documents/memoenhancingeffectivepartnerships.pdf.

FOR FURTHER INFORMATION CONTACT: Kathleen H. Johnson, Senior Policy
Advisor, Mail Code: 2261A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-5401; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In January 2018, OECA issued an Interim
Guidance document to help move the Agency toward a more collaborative
partnership between the EPA and states. After more than a year of
implementing the Interim Guidance, states and EPA regions gained
valuable experience in enhancing planning and communication on
compliance work in Federal environmental programs that states are
authorized, delegated, or approved to implement. OECA incorporated this
experience in drafting a revised policy. On May 13, 2019, OECA
solicited public

input on the revised policy through a Federal Register notice (84 FR
20882, May 13, 2019) for a thirty-day comment period.
    This final policy incorporates additional feedback collected
through the public notice and sets out expectations and procedures for
enhancing effective partnerships in civil enforcement and compliance
assurance work between the EPA and authorized states. Although this
policy is focused on the EPA's work with states that are approved to
implement Federal programs, the EPA will also strive to follow these
planning and communication practices when working with federally-
recognized Indian tribes, territories, and local governments that have
received approval to implement Federal programs. This is an Agency
planning document and would not impose any legally binding requirements
on the EPA or any outside parties.

    Dated: July 11, 2019.
Susan Parker Bodine,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 2019-15309 Filed 7-18-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18586-18589]
[FR Doc No: 2013-07076]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0121; FRL-9381-9]

Registration Review; Pesticide Dockets Opened for Review and
Comment and Other Docket Acts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: With this document, EPA is opening the public comment period
for several registration reviews. Registration review is EPA's periodic
review of pesticide registrations to ensure that each pesticide
continues to satisfy the statutory standard for registration, that is,
the pesticide can perform its intended function without unreasonable
adverse effects on human health or the environment. Registration review
dockets contain information that will assist the public in
understanding the types of information and issues that the Agency may
consider during the course of registration reviews. Through this
program, EPA is ensuring that each pesticide's registration is based on
current scientific and other knowledge, including its effects on human
health and the environment. This document also announces the Agency's
intent not to open registration review dockets for iodomethane or
ethametsulfuron-methyl. Iodomethane and ethametsulfuron-methyl are
undergoing phase-outs of all U.S. pesticide registrations. The
cancellations of the iodomethane end use registrations became effective
on December 31, 2012, and the cancellation of the sole technical
product registration will become effective on December 1, 2015. The
cancellations of all ethametsulfuron-methyl product registrations
became effective on February 20, 2013. Therefore, iodomethane and
ethametsulfuron-methyl are not scheduled for review under the
registration review program.
    This document also announces the registration review case closures
for the pesticides alkyl amine hydrochloride (case 3051) and
halofenozide (case 7425), and the availability of their
respective Case Closure Documents. The cancellation of all alkyl amine
hydrochloride registrations became effective on October 17, 2012. The
cancellation of all U.S. halofenozide registrations became effective
December 21, 2012. These case closure are being announced herein with
no comment period.

DATES: Comments must be received on or before May 28, 2013.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager identified in the table in Unit
III.A. for the pesticide of interest.
    For general information contact: Jane Robbins, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farmworker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID 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.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, 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 or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. Authority

    EPA is initiating its reviews of the pesticides identified in this
document pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Procedural Regulations
for Registration Review at 40 CFR part 155, subpart C. Section 3(g) of
FIFRA provides, among other things, that the registrations of
pesticides are to be reviewed every 15 years. Under FIFRA, a pesticide
product may be registered or remain registered only if it meets the
statutory standard for registration given in FIFRA section 3(c)(5).
When used in accordance with widespread and commonly recognized
practice, the pesticide product must perform its intended function
without unreasonable adverse effects on the environment; that is,
without any unreasonable risk to man or the environment, or a human
dietary risk from residues that result from the use of a pesticide in
or on food.

III. Registration Reviews

A. What action is the agency taking?

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations identified in the table in this unit to assure that they
continue to satisfy the FIFRA standard for registration--that is, they
can still be used without unreasonable adverse effects on human health
or the environment. A pesticide's registration review begins when the
Agency establishes a docket for the pesticide's registration review
case, and opens the docket for public review and comment. At present,
EPA is opening registration review dockets for the cases identified in
the following table.

                                   Table--Registration Review Dockets Opening
----------------------------------------------------------------------------------------------------------------
                                                                                Chemical review manager
 Registration review case name and No.                 Docket ID No.                telephone No., email address
----------------------------------------------------------------------------------------------------------------
Alkylbenzene sulfonates (ABS) (Case      EPA-HQ-OPP-2013-0097                       Wanda Henson,<PHONE_NUMBER>,
 4006<EMAIL_ADDRESS>Bacillus sphaericus (Case 6052).                                                                            8097,
<EMAIL_ADDRESS>Bromoxynil and esters (Case 2070).                                                                            5076,
<EMAIL_ADDRESS>Dimethomorph (Case 7021)......  EPA-HQ-OPP-2013-0045                       Monica Wait,<PHONE_NUMBER>,
<EMAIL_ADDRESS>EPTC (Case 64)................  EPA-HQ-OPP-2012-0720                       Carissa Cyran,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Fluopicolide (Case 7055)......  EPA-HQ-OPP-2013-0037                       Rusty Wasem,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Gibberellins (Case 4110)......  EPA-HQ-OPP-2012-0939                       Menyon Adams,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Iodosulfuron-methyl-sodium (Case 7253).                                                                            8778,
                                                                                st<EMAIL_ADDRESS>Monosodium Methanearsonate (MSMA), also  EPA-HQ-OPP-2013-0107                       Garland Waleko, 703-308-
 known as Methanearsonic acid salts                                                  8049,
 (Case 2395<EMAIL_ADDRESS>Niclosamide (Case 2455) and     EPA-HQ-OPP-2013-0137                       Kelly Ballard,<PHONE_NUMBER>,
 TFM/Lampricide (Case 3082<EMAIL_ADDRESS>Octenol (Case 6033)...........  EPA-HQ-OPP-2012-0940                       Leonard Cole,<PHONE_NUMBER>,
<EMAIL_ADDRESS>1-Octadecanaminium,N,N-dimethyl-N-[3-    EPA-HQ-OPP-2013-0096                       Elizabeth Hernandez, 703-347-
 (trihydroxysilyl)propyl],chloride                                                   0241,
 (Case 5100<EMAIL_ADDRESS>                                                                                .
Prometon (Case 2545)..........  EPA-HQ-OPP-2013-0068                       Steven Snyderman 703-347-
                                                                                0249,
<EMAIL_ADDRESS>Prometryn (Case 467)..........  EPA-HQ-OPP-2013-0032                       Christina Scheltema, 703-308-
                                                                                2201,
<EMAIL_ADDRESS>                                                                                .
Trichloromelamine (TCM) (Case 3144).                                                                            0163,
<EMAIL_ADDRESS>Triclosan (Case 2340).........  EPA-HQ-OPP-2012-0811                       Sandra O'Neill, 703-347-
                                                                                0141,
<EMAIL_ADDRESS>Trifloxystrobin (Case 7028)...  EPA-HQ-OPP-2013-0074                       Moana Appleyard, 703-308-
                                                                                8175,
<EMAIL_ADDRESS>

Trimethoxysilyl quats (Case 3148).                                                                            0241,
<EMAIL_ADDRESS>                                                                                .
T99 (1-Tetradecanaminium,N,N-dimethyl-N- EPA-HQ-OPP-2013-0085                       Elizabeth Hernandez, 703-347-
 [3-(trimethoxysilyl) propyl]-                                                       0241,
 ,chloride) (Case 5113<EMAIL_ADDRESS>                                                                                .
----------------------------------------------------------------------------------------------------------------

    EPA is announcing that it will not be opening a docket for
iodomethane. As per a November 14, 2012, Memorandum of Agreement
between the Agency and the sole iodomethane registrant, Arysta
LifeScience North America, LLC., iodomethane is undergoing a phase-out
of all U.S. pesticide registrations. The cancellations of the end use
registrations became effective on December 31, 2012. The cancellation
of the sole technical product registration will become effective on
December 1, 2015. The Federal Register notice announcing the Agency's
receipt of the request for voluntary cancellation of all iodomethane
product registrations was published for public comment on November 21,
2012 (77 FR 69840) (FRL-9370-2). The public comment period closed on
December 21, 2012. One comment was received, and the comment was
addressed in the cancellation order for iodomethane registrations that
was published in the Federal Register on January 16, 2013 (78 FR 3417)
(FRL-9375-9). Because the last iodomethane registration will be
cancelled as of December 1, 2015, EPA will not schedule iodomethane for
review under the registration review program.
    EPA is also announcing that it will not be opening a docket for
ethametsulfuron-methyl. The cancellation of all product registrations
became effective on February 20, 2013. The Federal Register notice
announcing the Agency's receipt of the request for voluntary
cancellation of all ethametsulfuron-methly product registrations was
published for public comment on December 5, 2012 (77 FR 72343) (FRL-
9370-4). No comments were submitted to the Agency. The Federal Register
notice announcing the Agency's cancellation of all ethametsulfuron-
methyl product registrations was published on February 20, 2013 (78 FR
11879) (FRL-9377-2).
    This notice also announces the registration review case closures
for the pesticides alkyl amine hydrochloride (case 3051) and
halofenozide (case 7425), and the availability of their
respective Case Closure Documents. For alkyl amine chloride, the Notice
of Receipt of a Request to Voluntarily Cancel Certain Pesticide
Registrations was issued on February 29, 2012, and no public comments
received during the 30-day comment period impacted the Agency's
decision to grant the cancellation request. On October 17, 2012, the
Agency published the Cancellation Order for all alkyl amine
hydrochloride product registrations in the Federal Register (77 FR
63829) (FRL-9365-9). Due to the cancellation of all registered alkyl
amine hydrochloride products in the United States, the Agency closed
the registration review case for alkyl amine hydrochloride, pursuant to
40 CFR 155.42(c). In addition to the registration review Case Closure
Document, the registration review docket (EPA-HQ-OPP-2007-1039) for
alkyl amine hydrochloride, also includes other relevant documents
related to the registration review of this case. This action is not
open for public comment.
    For halofenozide, the Notice of Receipt of Requests to Voluntarily
Cancel Pesticide Registrations and Terminate All Uses was issued on
September 26, 2012, for a 30-day public comment period (77 FR 59190)
(FRL-9362-9); the Agency did not receive any comments. On December 21,
2012, the Agency issued the Cancellation Order for All Pesticide
Registrations and Termination of All Uses for Halofenozide (77 FR
75631) (FRL-9373-6). All U.S. halofenozide pesticide registrations have
been cancelled, effective December 21, 2012. Due to the cancellation of
all halofenozide products in the United States, the Agency closed the
registration review case for halofenozide, pursuant to 40 CFR
155.42(c). The Halofenozide Case Closure Document, is available in its
registration review docket (EPA-HQ-OPP-2012-0231) along with other
relevant documents related to the registration review of this case.
This action is not open for public comment.

B. Docket Content

    1. Review dockets. The registration review dockets contain
information that the Agency may consider in the course of the
registration review. The Agency may include information from its files
including, but not limited to, the following information:
     An overview of the registration review case status.
     A list of current product registrations and registrants.
     Federal Register notices regarding any pending
registration actions.
     Federal Register notices regarding current or pending
tolerances.
     Risk assessments.
     Bibliographies concerning current registrations.
     Summaries of incident data.
     Any other pertinent data or information.
    Each docket contains a document summarizing what the Agency
currently knows about the pesticide case, and a preliminary work plan
for anticipated data and assessment needs. Additional documents provide
more detailed information. During this public comment period, the
Agency is asking that interested persons identify any additional
information they believe the Agency should consider during the
registration reviews of these pesticides. The Agency identifies in each
docket the areas where public comment is specifically requested, though
comment in any area is welcome.
    2. Other related information. More information on these cases,
including the active ingredients for each case, may be located in the
registration review schedule on the Agency's Web site at http://www.epa.gov/oppsrrd1/registration_review/schedule.htm. Information on
the Agency's registration review program and its implementing
regulation may be seen at http://www.epa.gov/oppsrrd1/registration_review.
    3. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.

     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 19, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-07076 Filed 3-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 3, 2007 (Volume 72, Number 231)]
[Rules and Regulations]
[Page 67854-67858]
[DOCID:fr03de07-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2007-0401; FRL-8496-6]

Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; State Implementation Plan Revision To Implement the
Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Massachusetts on March 30, 2007. This
revision addresses the requirements of EPA's Clean Air Interstate Rule
(CAIR), promulgated on May 12, 2005 and subsequently revised on April
28, 2006 and December 13, 2006. EPA has determined that the SIP
revision fully implements the CAIR requirements for Massachusetts.
Therefore, as a consequence of the SIP approval, the Administrator of
EPA will also, in a separate document, issue a final rule to withdraw
the Federal Implementation Plan (FIP) concerning NOX ozone-
season emissions for Massachusetts.
    In the SIP revision that EPA is approving, Massachusetts will meet
CAIR requirements by participating in the EPA-administered cap-and-
trade program addressing NOX ozone-season emissions.
Massachusetts's SIP revision is based on EPA's model CAIR
NOX ozone season rule and is, in most respects,
substantively identical to that model rule. The Massachusetts CAIR
program has two major substantive differences from that model rule
(expanded applicability, and a different methodology for allocating
NOX allowances), both of which are consistent with the
flexibility allowed under CAIR for state participation in the EPA-
administered cap-and-trade program. The SIP revision complies with the
statutory and regulatory requirements for approval of a CAIR
NOX ozone-season program. This action is being taken in
accordance with the Clean Air Act.

EFFECTIVE DATE: This rule is effective on December 3, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2007-0401. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed

in the index, some information may not be publicly available, i.e., CBI
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Office of

Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, Boston, MA.
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
    Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's action, please contact Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History and General Requirements of CAIR
and the CAIR FIPs?
III. EPA Analysis of Massachusetts's CAIR SIP Submittal
    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. Applicability Provisions for Non-EGU NOX SIP Call
Sources
    D. NOX Allowance Allocations
    E. Individual Opt-in Units
IV. Final Action.
V. When Is This Action Effective?
VI. Statutory and Executive Order Reviews.

I. What Action Is EPA Taking?

    EPA is approving a revision to Massachusetts's SIP, submitted on
March 30, 2007. This SIP revision includes a new regulation, 310 CMR
7.32, ``Massachusetts Clean Air Interstate Rule,'' and amendments to
existing regulation 310 CMR 7.28, ``NOX Allowance Trading
Program.'' In its SIP revision, Massachusetts will meet CAIR
requirements by requiring certain electric generating units (EGUs) to
participate in the EPA-administered State CAIR cap-and-trade program
addressing NOX ozone-season emissions. EPA has determined
that the Massachusetts SIP as revised meets the applicable requirements
of CAIR. On August 1, 2007, EPA proposed approval of the Massachusetts
SIP (see 72 FR 41970). No public comments were received on EPA's notice
of proposed rulemaking (NPR).
    As a consequence of the SIP approval, the Administrator of EPA will
also, in a separate document, issue a final rule to withdraw the FIP
concerning NOX ozone-season emissions for Massachusetts.
That action will delete and reserve 40 CFR 52.1140. The withdrawal of
the CAIR FIP for Massachusetts is a conforming amendment that must be
made once the

SIP is approved because EPA's authority to issue the FIP was premised
on a deficiency in the SIP for Massachusetts. Once the SIP is fully
approved, EPA no longer has authority for the FIP. Thus, EPA will not
have the option of maintaining the FIP following the full SIP approval.
Accordingly, EPA does not intend to offer an opportunity for a public
hearing or an additional opportunity for written public comment on the
withdrawal of the FIP.

II. What Is the Regulatory History and General Requirements of CAIR and
the CAIR FIPs?

    The Clean Air Interstate Rule (CAIR) was published by EPA on May
12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and
the District of Columbia contribute significantly to nonattainment and
interfere with maintenance of the national ambient air quality
standards (NAAQS) for fine particles (PM2.5) and/or 8-hour
ozone in downwind States in the eastern part of the country. As a
result, EPA required those upwind States to revise their SIPs to
include control measures that reduce emissions of SO2, which
is a precursor to PM2.5 formation, and/or NOX,
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements for NOX for the ozone season (May 1st to
September 30th). Under CAIR, States may implement these reduction
requirements by participating in the EPA-administered cap-and-trade
programs or by adopting other control measures. The first phase of
NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter.
    More information on the regulatory history and requirements of CAIR
and the CAIR FIPs is available in the NPR for this SIP Revision and
will not be restated here.

III. EPA Analysis of Massachusetts's CAIR SIP Submittal

    A brief summary of EPA's review of Massachusetts's CAIR program is
given below. Additional details regarding requirements of
Massachusetts's 310 CMR 7.32 regulation and EPA's evaluation of this
regulation are detailed in a memorandum dated July 16, 2007, entitled
``Technical Support Document (TSD) for revisions to the Massachusetts
SIP: 310 CMR 7.32 (`Massachusetts Clean Air Interstate Rule')'' and in
the NPR for this SIP revision. The TSD and Massachusetts's CAIR SIP
submittal are available in the docket supporting this action.

A. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 pounds per million British thermal units
(lb/mmBtu), for phase 1 of the CAIR program (2009-2014) and by 0.125
lb/mmBtu, for phase 2 of the CAIR program (2015 and thereafter) to
obtain regional NOX budgets for 2009-2014 and for 2015 and
thereafter, respectively. EPA derived the State NOX annual
and ozone season budgets from the regional budgets using State heat
input data adjusted by fuel factors. Massachusetts, however, is only
required to participate in the CAIR NOX ozone-season
program, not the CAIR NOX annual or SO2 trading
programs. Therefore, only CAIR NOX ozone-season budgets
apply to the Massachusetts CAIR program.
    In today's action, EPA is approving Massachusetts's SIP revision of
310 CMR 7.32. This SIP revision adopts the budgets established for the
State in CAIR, i.e., 7,551 tons of NOX ozone-season
emissions for CAIR phase 1 and 6,293 tons for CAIR phase 2, plus an
additional 363 tons of NOX ozone-season emissions for both
phases 1 and 2 to account for NOX emissions from ``non-EGU''
units from the Massachusetts NOX SIP Call trading program
(see section III C below). The total NOX ozone-season budget
is therefore 7,914 tons of NOX ozone-season emissions for
CAIR phase 1 and 6,656 tons for CAIR phase 2. Massachusetts's SIP
revision sets this budget as the total number of allowances (with each
allowance authorizing one ton of NOX ozone-season emissions)
available for allocation for each year under the EPA-administered CAIR
cap-and-trade program.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone-season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR part 96, subparts A through I. While the
provisions of the NOX annual and ozone-season model rules
are similar, there are some differences. For example, the
NOX ozone season model rule reflects the fact that the CAIR
NOX ozone season trading program replaces the NOX
SIP Call trading program after the 2008 ozone season and is coordinated
with the NOX SIP Call program. The NOX ozone
season model rule provides incentives for early emissions reductions by
allowing banked, pre-2009 NOX SIP Call allowances to be used
for compliance in the CAIR NOX ozone-season trading program.
In addition, States have the option of continuing to meet their
NOX SIP Call requirement by participating in the CAIR
NOX ozone season trading program and including all their
NOX SIP Call trading sources in that program.
    In the SIP revision, Massachusetts will implement its CAIR budgets
by requiring EGUs (as well as ``non-EGUs'' from its NOX SIP
Call trading program, as discussed below) to participate in EPA-
administered cap-and-trade programs for NOX ozone-season
emissions. Massachusetts has adopted a full SIP revision that adopts,
with certain allowed changes discussed below, the CAIR model cap-and-
trade rules for NOX ozone-season emissions.

C. Applicability Provisions for Non-EGU NOX SIP Call Sources

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990 or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe producing electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone-season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR
(herein called ``non-EGUs''). Under this option, the CAIR
NOX ozone-season program must cover all large industrial
boilers and combustion turbines, as well as any small EGUs (i.e. units
serving a generator with a nameplate capacity of 25 MWe or less) that
the State currently requires to be in the NOX SIP Call
trading program.
    Massachusetts has chosen to expand the applicability provisions of
the CAIR NOX ozone season trading program to include all
units in the State's NOX SIP Call trading program. Units in
the Massachusetts NOX SIP Call trading program include units
that burn more than 50-percent fossil fuel and that have

a maximum heat-input capacity of 250 million British thermal units
(MMBtu) or more, or serve a generator with a nameplate capacity of 15
MWe or more. These units are included in the Massachusetts
NOX SIP Call trading program whether or not they produce
electricity for sale, and will be included in the Massachusetts CAIR
program beginning with the control period in 2009. EPA has determined
that Massachusetts 310 CMR 7.32 includes the allowable CAIR
applicability provisions relating to adding all NOX SIP Call
trading program units to the Massachusetts CAIR NOX ozone
season program.

D. NOX Allowance Allocations

    Under the NOX allowance-allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone-season allowances are allocated to units that have operated for
five years (i.e., ``existing units''), based on heat input data from a
three-year period that are adjusted for fuel type by using fuel factors
of 1.0 for coal, 0.6 for oil, and 0.4 for other fuels. The CAIR model
trading rules and the CAIR FIP also provide a new unit set-aside from
which units without five years of operation are allocated allowances
based on the units' prior year emissions.
    States may establish in their SIP submissions a different
NOX allowance-allocation methodology that will be used to
allocate allowances to sources in the States if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance-allocation methodologies, States have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    Massachusetts has chosen to replace the provisions of the CAIR
NOX ozone-season model trading rule concerning allowance
allocations with its own methodology. Massachusetts's CAIR program
codified at 310 CMR 7.32 distributes NOX ozone-season
allowances based upon historical electric and thermal output, rather
than heat input. Massachusetts also provides a percentage of allowances
for Public Benefit and new unit set-asides.
    Massachusetts's CAIR program includes both a Public Benefit set-
aside (PBSA) to encourage Energy Efficiency Projects (EEPs) and
Renewable Energy Projects (REPs), and a new unit set-aside to allow for
addition of new units. Both of these types of set-asides were included
in the State's NOX SIP Call trading program.
    Massachusetts has set a new unit set-aside at 5 percent of the
State's CAIR budget for both phases of the CAIR program. Therefore, the
new unit set-aside includes 396 CAIR NOX ozone-season
allowances during CAIR phase 1 (2009-2014), and 333 allowances during
CAIR phase 2 (2015 and thereafter). Massachusetts has set a PBSA at 10
percent of the State's CAIR budget for both phases of the CAIR program.
Therefore, the PBSA includes 791 CAIR NOX ozone-season
allowances during CAIR phase 1 (2009-2014), and 666 allowances during
CAIR phase 2 (2015 and thereafter). Information on the Banking and
Transferring of Set-Asides in the Massachusetts CAIR program is
available in the NPR and will not be restated here.
    Massachusetts has chosen to replace the provisions of the CAIR
NOX ozone-season model trading rule concerning allowance
allocations with a methodology similar to that used in the
Massachusetts NOX SIP Call trading program. This
methodology, which is based on energy output, allocates allowances to
existing units and, to the extent possible, to new units based on their
steam and/or electricity output. More details on Massachusetts's
methodology for allocating CAIR allowances, as well as information on
Massachusetts CAIR permits and requirements for facilities to report
emissions data, can be found in the TSD and the NPR and will not be
restated here.

E. Individual Opt-in Units

    The Massachusetts CAIR SIP does not include opt-in provisions
because the State has chosen to allocate CAIR allowances using an
energy-output methodology that cannot be used for opt-in sources under
the model CAIR NOX ozone-season trading rule. The
Massachusetts NOX SIP Call trading program (310 CMR 7.28),
however, does allow for opt-in sources (although no sources have opted
into this program to date). Therefore, sources that wish to be part of
the Massachusetts CAIR program can take advantage of the opt-in
provisions of the State's NOX SIP Call program until the end
of 2008. Beginning with the 2009 ozone season, the NOX SIP
Call program will be replaced by the State's CAIR Program, and no
further opt-in units will be allowed.

IV. Final Action

    EPA is approving state regulations 310 CMR 7.32 (``Massachusetts
CAIR'') and amendments to 310 CMR 7.28 (``NOX Allocation
Trading Program'') as a revision to the Massachusetts SIP. Under this
SIP revision, Massachusetts will participate in the EPA-administered
cap-and-trade program for NOX ozone-season emissions. The
SIP revision meets the applicable requirements in 40 CFR 51.123(o) and
(aa), with regard to NOX ozone season emissions. EPA has
determined that the SIP as revised meets the requirements of CAIR. As a
consequence of the SIP approval, the Administrator of EPA will also
issue, without providing an opportunity for a public hearing or an
additional opportunity for written public comment, a final rule to
withdraw the CAIR FIP concerning NOX ozone-season emissions
for Massachusetts. That action will delete and reserve 40 CFR 52.1140
in Part 52.

V. When Is This Action Effective?

    EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval, which allows the State to make allocations
under its CAIR rules. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ''grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ''as otherwise provided by the agency for good
cause found and published with the rule.'' CAIR SIP approvals exempt
states and CAIR sources within states from being subject to allowance
allocation provisions in the CAIR FIPs that otherwise would apply,
allowing States to make their own allowance allocations based on their
SIP-approved State rule. The exemption from these obligations is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). In addition, Massachusetts's exemption from
these obligations provides good cause to make this rule effective on
the date of publication of this action in the Federal Register,
pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting
period prescribed in 5 U.S.C. 553(d) is to give affected parties a
reasonable time to adjust their behavior and prepare before the final
rule takes effect. Where,

as here, the final rule grants an exemption rather than imposing
obligations, and where the effect of the final rule is simply to
approve for Federal purposes obligations that are already effective
under state law, affected parties, such as the State of Massachusetts
and CAIR sources within the State, do not need time to adjust and
prepare before the rule takes effect.

VI. 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 (Public Law 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), because it 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 Clean
Air Act. 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 submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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. section 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.
section 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 February 1, 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 in 40 CFR Part 52

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

    Dated: November 5, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of 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 W--Massachusetts

0
2. Section 52.1120 is amended by adding and reserving paragraphs
(c)(133) and (c)(134) and by adding paragraph (c)(135) to read as
follows:

Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (133) [Reserved]
    (134) [Reserved]
    (135) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 30, 2007.
    (i) Incorporation by reference.
    (A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4,
2007.
    (B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance
Trading Program,'' effective in the Commonwealth of Massachusetts on
May 4, 2007.
    (C) Massachusetts Regulation Filing, dated April 19, 2007, amending
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate
Rule (Mass CAIR).''

0
3. In Sec.  52.1167, Table 52.1167 is amended by adding two new entries
to existing state citation for 310 CMR 7.28; and by adding a new state
citation and entry for 310 CMR 7.32 in numerical order to read as
follows:

Sec.  52.1167  EPA-approved Massachusetts State regulations.

* * * * *

                                                   Table 52.1167.--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Date         Date
           State citation                  Title/subject       submitted   approved by     Federal Register      52.1120(c)      Comments/unapproved
                                                                by State       EPA             citation                                sections
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
310 CMR 7.28........................  NOX Allowance Trading      03/30/07    [12/3/07]  [Insert Federal                 135  ...........................
                                       Program.                                          Register page number
                                                                                where the document
                                                                                begins].
                                      ......................     03/30/07    [12/3/07]  [Insert Federal                 135  Massachusetts Regulation
                                                                                Register page number                 Filing, dated April 19,
                                                                                where the document                   2007, substantiating May
                                                                                begins].                             4, 2007, State effective
                                                                                date for amended 310 CMR
                                                                                7.28 ``NOX Allowance
                                                                                Trading Program.''

                                                                      * * * * * * *
310 CMR 7.32........................  Massachusetts Clean        03/30/07    [12/3/07]  [Insert Federal                 135  ...........................
                                       Air Interstate Rule                               Register page number
                                       (Mass CAIR).                                      where the document
                                                                                begins].
                                      ......................     03/30/07    [12/3/07]  [Insert Federal                 135  Massachusetts Regulation
                                                                                Register page number                 Filing, dated April 19,
                                                                                where the document                   2007, substantiating May
                                                                                begins].                             4, 2007, State effective
                                                                                date for adopted 310 CMR
                                                                                7.32 ``Massachusetts Clean
                                                                                Air Interstate Rule (Mass
                                                                                CAIR).''

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

 [FR Doc. E7-23246 Filed 11-30-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Pages 28375-28376]
[FR Doc No: 2012-11648]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R01-OAR-2012-0290; A-1-FRL-9672-6]

Adequacy Status of the Submitted 2008 and 2022 VOC and NOX Motor
Vehicle Emissions Budgets for Transportation Conformity Purposes; New
Hampshire; Boston-Manchester-Portsmouth (SE), New Hampshire, 8-Hour
Ozone Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: EPA is notifying the public that EPA has found that the 2008
and 2022 motor vehicle emissions budgets in the March 2, 2012 New
Hampshire State Implementation Plan (SIP) revision are adequate for
transportation conformity purposes. The submittal includes MOVES2010
motor vehicle emissions budgets for 2008 and 2022 for the Boston-
Manchester-Portsmouth (Southeast), New Hampshire 8-hour ozone area. As
a result of our finding, the State of New Hampshire must use these
motor vehicle emissions budgets for future conformity determinations
for the Boston-Manchester-Portsmouth

(Southeast), New Hampshire 8-hour ozone area.

DATES: These motor vehicle emissions budgets are effective May 29,
2012.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us'' or ``our'' is used, we mean EPA.
    Today's notice is simply an announcement of a finding that we have
already made. EPA New England sent a letter to the New Hampshire
Department of Environmental Services on April 25, 2012, stating that
the 2008 and 2022 MOVES2010 motor vehicle emissions budgets (MVEBs) in
the March 2, 2012 SIP are adequate for transportation conformity
purposes. This submittal will also be announced on EPA's conformity Web
site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm,
(once there, click on ``What SIP submissions has EPA already found
adequate or inadequate?''). The adequate 2008 and 2022 MVEBs are
provided in the following table:

                Adequate Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                         VOC (tons per    NOX (tons per
                                          summer day)      summer day)
------------------------------------------------------------------------
Year 2008 MVEBs for the Boston-                    17.8             37.2
 Manchester-Portsmouth (Southeast),
 New Hampshire 8-Hour Ozone Area......
Year 2022 MVEBs for the Boston-                     8.9             11.8
 Manchester-Portsmouth (Southeast),
 New Hampshire 8-Hour Ozone Area......
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emissions budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). We have described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, preamble
starting at 69 FR 40038, and we used the information in these resources
while making our adequacy determination. Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.

    Authority:  42 U.S.C. 7401-7671q.

    Dated: May 2, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2012-11648 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 1, 2007 (Volume 72, Number 21)]
[Notices]
[Page 4763-4764]
[DOCID:fr01fe07-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55152; File No. SR-OCC-2006-17]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of a Proposed Rule Change Relating to the
Definition of Fund Share and Options on Commodity Pool ETFs

January 23, 2007.

I. Introduction

    On September 21, 2006, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-OCC-2006-17 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register on November 28, 2006.\2\ No
comment letters were received. For the reasons discussed below, the
Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54784, (November 20,
2006), 71 FR 68871.
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II. Description

    The rule change permits OCC to issue, clear, and settle options on
equity interests issued by exchange-traded funds (``ETFs'') that trade
directly or indirectly in commodity futures products and are therefore
subject to regulation by the Commodity Futures Trading Commission
(``CFTC'') as commodity pools. The American Stock Exchange recently
filed a proposed rule change to list and trade options on (1) interests
( ``Interests'') issued by the DB Commodity Index Tracking Fund (``DBC
Fund''), whose value is intended to track the performance of the
``Deutsche Bank Liquid Commodity Indextm--Excess Return''
and (2) units issued by the United States Oil Fund, L.P. (``Oil
Fund''), whose value is intended to track the spot price of West Texas
Intermediate light, sweet crude oil delivered to Cushing, Oklahoma,
less Oil Fund expenses.\3\
---------------------------------------------------------------------------

    \3\ File No. SR-AMEX-2006-110. See Securities Exchange Act
Release Nos. 54450 (September 14, 2006) 71 FR 55230 (September 21,
2006) [File No. SR-AMEX-2006-44] and 53582 (March 31, 2006) 71 FR
17510 (April 6, 2006) [File No. SR-AMEX-2005-127] for more detailed
descriptions of the DBC Fund and of the Oil Fund.
---------------------------------------------------------------------------

    The interests and the units are freely transferable and may be
bought and sold like any other ETF interest or other exchange-listed
security. In addition to options on the Interests and the Units, there
may be other similar options on ETFs regulated by the CFTC as commodity
pools that OCC may be asked to issue, clear, and settle in the future.
    The definition of ``fund share'' in Article I of OCC's By-Laws is
currently limited to shares in entities ``holding portfolios or baskets
of securities.'' However, the Oil Fund invests directly in commodity
futures contracts. Additionally, although as a technical matter the DBC
Fund invests exclusively in securities, entities such as the DBC Fund
that invest in the securities issued by a commodity pool are themselves
deemed to be commodity pools because they represent an indirect
investment in commodity futures contracts. OCC is therefore amending
the definition of ``fund share'' in Article I of its By-Laws to
specifically refer to interests in an entity that is a commodity pool.
The definition is revised to make it clear that it includes feeder
funds.
    The proposed rule change will not be implemented until definitive
copies of an appropriate supplement to the options disclosure document,
Characteristics and Risks of Standardized Options, are available for
distribution.

III. Discussion

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities

transactions.\4\ The purpose of the proposed rule change is to amend
OCC's By-Laws so that OCC may clear and settle options on equity
interests issued by ETFs that trade directly or indirectly in commodity
futures products. Accordingly, the proposed rule change should promote
the prompt and accurate clearance and settlement of securities
transactions.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder.\5\
---------------------------------------------------------------------------

    \5\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-OCC-2006-17) be and hereby
is approved.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1588 Filed 1-31-07; 8:45 am]

BILLING CODE 8011-01-P


1See http:// www. cibasc. com/ view. asp? id= 1295.

Page 1 of 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 May 5, 2004 OFFICE OF WATER Mr. Kash Srinivasan, Commissioner Wilmington Department of Public Works Louis L. Redding City/ County Building 800 N. French Street, 6th Floor Wilmington, DE 19801 Phone: ( 302) 576 3069 Dear Mr. Srinivason:

The Clean Water Act ( CWA) requires that EPA periodically review existing effluent guidelines, pretreatment standards, and standards of performance for new sources and to revise them " if appropriate" or, in the case of new source performance standards, " as technology and alternatives change." As the project manager for the technology based effluent guidelines planning process ( see www. epa. gov/ guide/ plan. html), I am assembling the final Effluent Guidelines Program Plan for 2004/ 2005. The final Plan will describe EPA's effluent guidelines program, current development efforts, and the analyses that will help EPA to decide whether to revise or establish effluent guidelines and/ or pretreatment standards for particular industries.

As part of this planning process, we are reviewing the Organic Chemicals, Plastics, Synthetics, and Fibers ( OCPSF) effluent limitation guideline, codified in 40 CFR Part 414. We are using information reported to the Toxic Release Inventory ( TRI) to evaluate current discharges from OCPSF facilities. The 2000 TRI shows that a subset of OCPSF facilities ( those with a primary SIC Code 2865) discharged more than 850,000 pounds of aniline to POTWs. We are trying to obtain additional information on OCPSF discharges of aniline and other pollutants to POTWs to understand the impact, if any, of these discharges on POTWs.

In the 2000 TRI, the CIBA Specialty Chemicals facility1 in Newport, Delaware ( TRI No. 19804CBGGYJAMES) reported the discharge of OCPSF generated wastewaters to your collection system. In particular, the CIBA Specialty Chemicals facility reported that it discharged 27,552 pounds of aniline to your POTW. As a result, we would like to obtain any readily available information on discharges from CIBA Specialty to your facility as well as any associated impacts. This information and your knowledge will help us better formulate policy options for the final Effluent Guidelines Program Plan. Page 2 of 3 In particular, we request the following data and information ( if available):

A. General information about discharges from the CIBA Specialty facility to your POTW.

1. This facility's pretreatment permit and any supporting documentation equivalent to a fact sheet that describes the development of the current permit limits; 2. Recent compliance monitoring data for this facility ( for all pollutants monitored and flow) for the past twelve months; and 3. Any particular issues or concerns presented by wastewater discharges from the facility, even if these concerns are not related to aniline.

B. Information about the aniline impact on your treatment plant:

1. A list of any other manufacturers of dyes or aniline known to discharge aniline to your POTW, and 2. Any interference problems experienced by your treatment plant from aniline.

C. Description of your treatment plant:

1. The annual average flow treated by your POTW in 2000, 2. The wastewater treatment scheme at your POTW, and 3. Any recent aniline discharge monitoring data ( last twelve months) from your POTW.

We would like to obtain this information within the next month as we are in the process of finalizing our current plan. Please send this information to me using one of the addresses listed below:

USPS Mailing Address: FedEx Delivery Address:

Carey A. Johnston, P. E. Carey A. Johnston, P. E. U. S. EPA, Office of Water U. S. EPA, Office of Water Mail Code: 4303T EPA West 6231G 1200 Pennsylvania Avenue NW 1301 Constitution Avenue NW Washington, DC 20460 Washington, DC 20004 Page 3 of 3 Please contact me at ( 202) 566 1014 or johnston. carey@ epa. gov if you have any questions about this request or the effluent guidelines planning process in general. Your POTW is under no obligation to answer these questions. However, any information you supply will help us understand discharges from OCPSF to POTWs, which will lead to better formulated policy options for the final Effluent Guidelines Program Plan. Thank you.

Sincerely,

Carey A. Johnston, P. E. U. S. EPA, Office of Water


[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26640-26641]
[FR Doc No: 2023-09109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice of ADAP/FAAP Property Release; Hillsboro Airport,
Hillsboro, Oregon

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice.

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SUMMARY: Notice is being given that the FAA is considering a request
from the Port of Portland, Oregon to waive the ADAP/FAAP property
requirements and dispose of approximately 5.6 acres of airport property
located at Hillsboro Airport, in Hillsboro, Oregon.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register.

Emailed comments can be provided to Mr. Tim House, Lead Planner,
Seattle Airports District Office, [email protected].

FOR FURTHER INFORMATION CONTACT: Tim House, Lead Planner, Seattle
Airports District Office, 2200 S 216 St., Des Moines, WA 98198,
[email protected],<PHONE_NUMBER>. Documents reflecting this FAA
action may be reviewed at the above locations.

SUPPLEMENTARY INFORMATION: Under the provisions of Title 49, U.S.C.
47153(c), and 47107(h)(2), the FAA is considering a proposal from the
Port of Portland, to release a portion of the Hillsboro Municipal
Airport from aeronautical use to non-aeronautical use and dispose of
the property. The property is separated from the aeronautical area of
the airport by NE 25th Ave and has been determined through study that
the subject parcel will not be needed for aeronautical purposes. The
property will be utilized by the City of Hillsboro to develop a Public
Safety Facility. There will be proceeds generated from the proposed
release of this property. The Port will receive not less than fair
market value for the property and the revenue generated from the sale
will be used for airport purposes.
    The proposal consists of 5.6 acres, on the northwest side of the
airport. The parcels do not have airfield access. The FAA concurs that
the parcel is no longer needed for aeronautical purposes. The proposed
use of this property is compatible with other airport operations in
accordance with FAA's Policy and Procedures Concerning the Use of
Airport Revenue, published in Federal Register on February 16, 1999.

    Issued in Des Moines, Washington, on April 25, 2023.
Warren D. Ferrell,
Manager, Seattle Airports District Office.
[FR Doc. 2023-09109 Filed 4-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 234 (Thursday, December 5, 2019)]
[Notices]
[Page 66666]
[FR Doc No: 2019-26256]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-801-008.
    Applicants: Constellation Power Source Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Notch Cliff Units 5-8 Retirements to be effective N/A.
    Filed Date: 11/27/19.
    Accession Number: 20191127-5161.
    Comments Due: 5 p.m. ET 12/18/19.

    Docket Numbers: ER20-491-000.
    Applicants: Lake Lynn Generation, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Reactive Service
Tariff to be effective 1/1/2020.
    Filed Date: 11/29/19.
    Accession Number: 20191129-5001.
    Comments Due: 5 p.m. ET 12/20/19.

    Docket Numbers: ER20-492-000.
    Applicants: York Haven Power Company, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Reactive Service
Tariff to be effective 1/1/2020.
    Filed Date: 11/29/19.
    Accession Number: 20191129-5003.
    Comments Due: 5 p.m. ET 12/20/19.

    Docket Numbers: ER20-493-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: Dec 2019 Membership Filing
to be effective 12/1/2019.
    Filed Date: 11/29/19.
    Accession Number: 20191129-5019.
    Comments Due: 5 p.m. ET 12/20/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 29, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-26256 Filed 12-4-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58117-58118]
[FR Doc No: 2012-23034]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 460-066]

Tacoma Power; Notice of Application for Amendment of License and
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Shoreline Management Plan.
    b. Project No: 460-066.
    c. Date Filed: July 5, 2012.
    d. Applicant: Tacoma Power.
    e. Name of Project: Cushman Hydroelectric Project.
    f. Location: The Cushman Hydroelectric Project is located on the
North Fork of the Skokomish River in Mason County, Washington.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Paul Hickey, License Implementation
Coordinator, Tacoma Power, 3628 South 35th Street, Tacoma, Washington
98409-3192; Phone:<PHONE_NUMBER>.
    i. FERC Contact: Patricia A. Grant at<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 11, 2012.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-460-066) on any comments, motions,
or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: As required by article 424 of the
license, Tacoma Power requests Commission approval of a proposed
shoreline management plan (SMP) for the project. The SMP defines
shoreline management classifications for the shorelines within the
project boundary, identifies allowable uses and prohibited uses within
the shoreline areas, and describes the shoreline use evaluation
process.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document (P-460). You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in paragraph h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening;

and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. All comments, motions to intervene, or protests must
set forth their evidentiary basis. Any filing made by an intervenor
must be accompanied by proof of service on all persons listed in the
service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 385.2010.

    Dated: September 11, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23034 Filed 9-18-12; 8:45 am]
BILLING CODE 6717-01-P