[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]
[Page 68871]
[DOCID:fr06de07-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR08-3-000]

CKB Petroleum, Inc.; Notice of Request for Temporary Waiver of
Tariff Filing and Reporting Requirements

November 29, 2007.
    Take notice that on November 15, 2007, CKB Petroleum, Inc. (CKB)
tendered for filing an application for temporary waiver of the
Interstate Commerce Act section 6 and section 20 tariff filing and
reporting requirements applicable to interstate common carrier
pipelines.
    In support thereof, CKB states that it owns and undivided interest
in a pipeline that runs from South Pass in Federal waters, offshore
Louisiana, to the West Delta Receiving Station in Venice, Louisiana,
through which it has transported crude oil exclusively for its parent
company. CKB further states that despite having an effective tariff on
file with the Commission since March 1, 1985, it has never received a
request for service from an unaffiliated third party.
    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 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    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 December 11, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23630 Filed 12-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20536-20537]
[DOCID:fr25ap07-70]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0038; FRL-8125-8]

BeakerTree Corporation; Transfer of Data

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to BeakerTree Corporation in
accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). BeakerTree
Corporation has been awarded multiple contracts to perform work for
OPP, and access to this information will enable BeakerTree Corporation
to fulfill the obligations of the contract.

DATES: BeakerTree Corporation will be given access to this information
on or before April 30, 2007.

FOR FURTHER INFORMATION CONTACT: Felicia Croom, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action applies to the public in general. As such, 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0038. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Contractor Requirements

     Under Contract No. EP-W-06-096, under this contract number, the
contractor shall provide meeting support for the Science Review Panel.
This involves providing detailed records of the science review panel
comments and input to revised risk assessments. EFED conducts workshops
on technical subjects to discuss the issues and to determine how the
experts in the field feel these issues should be handled. A workshop
may be the best way to draw conclusions and determine EFED's direction
on handling and closing the issues.
     The OPP has determined that the contract described in this
document involve work that is being conducted in connection with FIFRA,
in that pesticide chemicals will be the subject of certain evaluations
to be made under this contract. These evaluations may be used in
subsequent regulatory decisions under FIFRA.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under sections 3, 4, 6, and 7
of FIFRA and under sections 408 and 409 of FFDCA.
    In accordance with the requirements of 40 CFR 2.307(h)(3), the
contracts with BeakerTree Corporation, prohibits use of the information
for any purpose not specified in these contracts; prohibits disclosure
of the information to a third party without prior written approval from
the Agency; and requires that each official and employee of the
contractor sign an agreement to protect the information from
unauthorized release and to handle it in accordance with the FIFRA
Information Security Manual. In addition, BeakerTree Corporation is
required to submit for EPA approval a security plan under which any CBI
will be secured and protected against unauthorized release or
compromise. No information will be provided to BeakerTree Corporation
until the requirements in this document have been fully satisfied.
Records of information provided to BeakerTree Corporation will be
maintained by EPA Project Officers for these contracts. All information
supplied to BeakerTree Corporation by EPA for use in connection with
these contracts will be returned to EPA when BeakerTree Corporation has
completed its work.

List of Subjects

    Environmental protection, Business and industry, Government
contracts,

Government property, Security measures.

    Dated: April 17, 2007.
 Robert A. Forrest,
Acting Director, Office of Pesticide Programs.
[FR Doc. E7-7765 Filed 4-24-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83899-83901]
[FR Doc No: 2016-28029]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32360; File No. 812-14547]

Legg Mason ETF Equity Trust, et al.; Notice of Application

November 16, 2016.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application for an order under section 6(c) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would permit (a) actively-
managed series of certain open-end management investment companies
(``Funds'') to issue shares redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Fund shares
to occur at negotiated market prices rather than at net asset value
(``NAV''); (c) certain Funds to pay redemption proceeds, under certain
circumstances, more than seven days after the tender of shares for
redemption; (d) certain affiliated persons of a Fund to deposit
securities into, and receive securities from, the Fund in connection
with the purchase and redemption of Creation Units; (e) certain
registered management investment companies and unit investment trusts
outside of the same group of investment companies as the Funds (``Funds
of Funds'') to acquire shares of the Funds; and (f) certain Funds
(``Feeder Funds'') to create and redeem Creation Units in-kind in a
master-feeder structure.

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    Applicants: Legg Mason Partners Fund Advisor, LLC (``Initial
Adviser''), a Delaware limited liability company registered as an
investment adviser under the Investment Advisers Act of 1940, Legg
Mason ETF Equity Trust and Legg Mason ETF Trust (each a ``Trust,'' and
together, the ``Trusts''), each a

Maryland statutory trust registered under the Act as an open-end
management investment company with multiple series, and Legg Mason
Investor Services, LLC (``Distributor''), a Delaware limited liability
company and broker-dealer registered under the Securities Exchange Act
of 1934 (``Exchange Act'').

DATES:  Filing Dates: The application was filed on September 15, 2015,
and amended on January 20, 2016 and July 11, 2016.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on December 12, 2016, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants: Trusts and Initial Adviser,
620 Eighth Avenue, New York, NY 10018; Distributer, 100 International
Drive, Baltimore, MD 21202.

FOR FURTHER INFORMATION CONTACT:  Jessica Shin, Attorney-Adviser, at
(202) 551-5921, or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order that would allow Funds to operate as
actively-managed exchange traded funds (``ETFs'').\1\ Fund shares will
be purchased and redeemed at their NAV in Creation Units only. All
orders to purchase Creation Units and all redemption requests will be
placed by or through an ``Authorized Participant'', which will have
signed a participant agreement with the Distributor. Shares will be
listed and traded individually on a national securities exchange, where
share prices will be based on the current bid/offer market. Certain
Funds may operate as Feeder Funds in a master-feeder structure. Any
order granting the requested relief would be subject to the terms and
conditions stated in the application.
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to the Funds and any
additional series of the Trusts, and any other open-end management
investment company or series thereof, that may be created in the
future (each, included in the term ``Fund''), each of which will
operate as an actively-managed ETF. Any Fund will (a) be advised by
the Initial Adviser or an entity controlling, controlled by, or
under common control with the Initial Adviser (each, an ``Adviser'')
and (b) comply with the terms and conditions of the application.
---------------------------------------------------------------------------

    2. Each Fund will consist of a portfolio of securities and other
assets and investment positions (``Portfolio Instruments''). Each Fund
will disclose on its Web site the identities and quantities of the
Portfolio Instruments that will form the basis for the Fund's
calculation of NAV at the end of the day.
    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that hold non-U.S. Portfolio Instruments
and that effect creations and redemptions of Creation Units in kind,
applicants request relief from the requirement imposed by section 22(e)
in order to allow such Funds to pay redemption proceeds within fifteen
calendar days following the tender of Creation Units for redemption.
Applicants assert that the requested relief would not be inconsistent
with the spirit and intent of section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the actual payment of redemption
proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds, and any principal underwriter for the Funds, and/or
any broker or dealer registered under the Exchange Act, to sell shares
to Funds of Funds beyond the limits of section 12(d)(1)(B) of the Act.
The application's terms and conditions are designed to, among other
things, help prevent any potential (i) undue influence over a Fund
through control or voting power, or in connection with certain
services, transactions, and underwritings, (ii) excessive layering of
fees, and (iii) overly complex fund structures, which are the concerns
underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
Portfolio Instruments currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a

Fund to sell its shares to and redeem its shares from a Fund of Funds,
and to engage in the accompanying in-kind transactions with the Fund of
Funds.\2\ The purchase of Creation Units by a Fund of Funds directly
from a Fund will be accomplished in accordance with the policies of the
Fund of Funds and will be based on the NAVs of the Funds.
---------------------------------------------------------------------------

    \2\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of a Fund of Funds because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Fund of Funds.
---------------------------------------------------------------------------

    9. Applicants also request relief to permit a Feeder Fund to
acquire shares of another registered investment company managed by the
Adviser having substantially the same investment objectives as the
Feeder Fund (``Master Fund'') beyond the limitations in section
12(d)(1)(A) and permit the Master Fund, and any principal underwriter
for the Master Fund, to sell shares of the Master Fund to the Feeder
Fund beyond the limitations in section 12(d)(1)(B).
    10. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2016-28029 Filed 11-21-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Notices]
[Page 15452-15453]
[DOCID:fr29mr10-84]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1887-DR; Docket ID FEMA-2010-0002]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-1887-DR), dated March 10,
2010, and related determinations.

DATES: Effective Date: March 10, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 10, 2010, the President issued a

major disaster declaration under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
et seq. (the ``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from a severe winter storm during the
period of January 20-26, 2010, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Nancy M. Casper, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Aurora, Brule, Buffalo, Campbell, Corson, Day, Deuel, Dewey,
Douglas, Edmunds, Faulk, Grant, Gregory, Hand, Harding, Hughes,
Hutchinson, Hyde, Jerauld, McCook, McPherson, Meade, Perkins,
Potter, Roberts, Sully, Turner, Walworth, and Ziebach Counties and
those portions of the Cheyenne River Indian Reservation, Sisseton-
Wahpeton Indian Reservation, and Standing Rock Indian Reservation
that lie within these counties for Public Assistance.
    All counties and Tribes within the State of South Dakota are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-6942 Filed 3-26-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Proposed Rules]
[Page 75687-75690]
[DOCID:fr18de06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0502; FRL-8257-8]

Approval and Promulgation of Air Quality Implementation; North
Dakota; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions adopted by North Dakota
on February 1, 2005 to Chapter 33-15-15 of the North Dakota
Administrative Code (Prevention of Significant Deterioration of Air
Quality) that incorporate EPA's December 31, 2002 NSR Reforms. North
Dakota submitted the request for approval of these rule revisions into
the State Implementation Plan (SIP) on February 10, 2005. North Dakota
has a federally-approved Prevention of Significant Deterioration (PSD)
program for new and modified sources impacting attainment areas in the
State. North Dakota is in attainment for all pollutants, and does not
have a SIP-approved non-attainment permit program.
    On December 31, 2002, EPA published revisions to the Federal
Prevention of Significant Deterioration (PSD) and non-attainment NSR
regulations (67 FR 80186). These revisions are commonly referred to as
``NSR Reform'' regulations and became effective nationally in areas not
covered by a SIP on March 3, 2003. These regulatory revisions include
provisions for baseline emissions determinations, actual-to-future-
actual methodology, plantwide applicability limits (PALs), clean units,
and pollution control projects (PCPs). On November 7, 2003, EPA
published a reconsideration of the NSR Reform regulations that
clarified two provisions in the regulations (68 FR 63021). On June 24,
2005, the United States Court of Appeals for the District of Columbia
Circuit issued a ruling on challenges to the December 2002 NSR Reform
revisions (State of New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005).
Although the Court upheld most of EPA's rules, it vacated both the
Clean Unit and the Pollution Control Project provisions and remanded
back to EPA the ``reasonable possibility'' standard for when a source
must keep certain project-related records.
    North Dakota is seeking approval at this time for its PSD
regulations to implement the NSR Reform provisions that have not been
vacated by the June 24, 2005, court decision.

DATES: Comments must be received on or before January 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0502, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.

     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0502. 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 information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

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

instructions on submitting comments, go to Section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
    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, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation

Program, Environmental Protection Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at
all possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Air and Radiation Program,
U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite
200, Denver, Colorado 80202,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or North Dakota mean the State of North
Dakota, unless the context indicates otherwise.

Table of Contents

I. General Information
    A. What Should I Consider as I Prepare My Comments for EPA?
II. What Is Being Addressed In This Document?
III. What Are The Changes That EPA Is Approving?
IV. What Action is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. General Information

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

    1. Submitting CBI. Do not submit CBI 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:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. 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.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. What Is Being Addressed In This Document?

    EPA is proposing to approve North Dakota's revisions to their Air
Pollution Control Rules Chapter 33-15-15 (Prevention of Significant
Deterioration of Air Quality), submitted by North Dakota on February
10, 2005, that relate to the PSD construction permit programs of the
State of North Dakota. These revisions to Chapter 33-15-15 were adopted
by the North Dakota Department of Health on February 1, 2005. North
Dakota's Regulations for a PSD program for attainment areas were
federally-approved and made a part of the SIP on November 2, 1979 (44
FR 63103).
    On December 31, 2002, EPA published revisions to the Federal PSD
and non-attainment NSR regulations in 40 CFR Parts 51 and 52 (67 FR
80186). These revisions are commonly referred to as the ``NSR Reform''
regulations and became effective nationally in areas not covered by a
SIP on March 3, 2003. These regulatory revisions include provisions for
baseline emissions determinations, actual-to-future-actual methodology,
plantwide applicability limits (PALs), clean units, and pollution
control projects (PCPs). As stated in the December 31, 2002 rulemaking,
State and local permitting agencies must adopt and submit revisions to
their part 51 permitting programs implementing the minimum program
elements of that

rulemaking no later than January 2, 2006 (67 FR 80240). With the
February 10, 2005 submittal, North Dakota requested approval of program
revisions into the State Implementation Plan (SIP) that satisfy this
requirement.
    On November 7, 2003, EPA published a reconsideration of the NSR
Reform regulations that clarified two provisions in the regulations by
including a definition of ``replacement unit'' and by clarifying that
the plantwide applicability limitation (PAL) baseline calculation
procedures for newly constructed units do not apply to modified units
(68 FR 63021).
    On June 24, 2005, the United States Court of Appeals for the
District of Columbia Circuit issued a ruling on challenges to the
December 2002 NSR Reform revisions (State of New York et al. v. EPA,
413 F.3d 3 (D.C. Cir. 2005)). Although the Court upheld most of EPA's
rules, it vacated both the Clean Unit and the Pollution Control Project
provisions and remanded back to EPA the recordkeeping provision at 40
CFR 52.21(r)(6) that required a stationary source to keep records of
projects when there was a ``reasonable possibility'' that the project
could result in a significant emissions increase.
    In an August 30, 2005 letter to EPA, North Dakota requested that
EPA not take action on the clean unit and PCP provisions of the State
rule and on the term ``reasonable possibility'' as they were
incorporated by reference into the North Dakota Air Pollution Control
Rules Chapter 33-15-15. North Dakota requested no action on these
provisions because of the June 24, 2005 United States Court of Appeals
for the District of Columbia Circuit's decision. North Dakota has since
withdrawn their request for no action on the term ``reasonable
possibility.'' North Dakota has also supplemented its February 10, 2005
request in a November 2, 2005 submission that provided corrections to
several typographical errors in Chapter 33-15-15. All of these
documents are available for review as part of the Docket for this
action.

III. What Are The Changes That EPA Is Approving?

    EPA is proposing to approve a revision to North Dakota's SIP that
would incorporate by reference the Federal requirements found at 40 CFR
52.21 into the State's PSD program. The current revision to the North
Dakota Air Pollution Control Rules Chapter 33-15-15, which EPA is now
proposing to approve into the SIP, incorporates by reference the
provisions of 40 CFR 52.21 paragraphs (a)(2) through (f), (h) through
(r), and (v) through (bb) as they existed on October 1, 2003 with the
exceptions noted below. North Dakota did not incorporate by reference
those sections of the Federal rules that do not apply to state
activities or are reserved for the Administrator of the EPA, such as
the ``delegation of authority'' section found at 40 CFR 52.21(u) and
the ``plan disapproval'' section found in 40 CFR 52.21(a)(1). North
Dakota retained existing SIP language for ``reclassification'' at 33-
15-15-02. The reclassification provision at 40 CFR 52.21(g) was not
revised by the December 2002 NSR Reform rule, so it is acceptable that
North Dakota's existing SIP-approved reclassification provision remains
in the SIP.
    In an August 30, 2005 letter to EPA, North Dakota requested that
EPA not take action on the Clean Unit and Pollution Control Project
provisions and on the term ``reasonable possibility'' as they were
incorporated by reference into Chapter 33-15-15. However, North Dakota
has since withdrawn its request for no action on the term ``reasonable
possibility'' used in Sec.  52.21(r)(6). Therefore, EPA is not taking
action at this time on the following provisions in Chapter 33-15-15: 40
CFR 52.21(x), 52.21(y), 52.21(z), 52.21(a)(2)(iv)(e), the second
sentence of 52.21(a)(2)(iv)(f), 52.21(a)(2)(vi), 52.21(b)(2)(iii)(h),
52.21(b)(3)(iii)(b), 52.21(b)(3)(vi)(d), 52.21(b)(32), and
52.21(b)(42).
    The phrase ``reasonable possibility'' used in the Federal rule at
40 CFR 52.21(r)(6) limits the recordkeeping provisions to modifications
at facilities that use the actual-to-future-actual methodology to
calculate emissions changes and that may have a ``reasonable
possibility'' of a significant emissions increase. EPA has not yet
responded to the D.C. Circuit Court's remand of the recordkeeping
provisions of EPA's 2002 NSR Reform Rules. The North Dakota rule
contains recordkeeping requirements that are identical to the remanded
Federal rule. As a result, EPA's final decision with regard to the
remand may require EPA to take further action on this portion of North
Dakota's rules. At this time, however, North Dakota's recordkeeping
provisions are as stringent as the Federal requirements, and are
therefore, approvable.
    The following provisions in 40 CFR 52.21 have been revised in North
Dakota Air Quality Rules Chapter 33-15-15 to either add language that
is currently contained in the North Dakota SIP or to add new language
to North Dakota's PSD program: 40 CFR 52.21(b)(3)(iii)(a),
52.21(b)(14), 52.21(b)(15), 52.21(b)(22), 52.21(b)(29), 52.21(b)(30),
52.21(b)(43), 52.21(b)(48)(ii), 52.21(b)(51), 52.21(b)(53),
52.21(b)(54), 52.21(d), 52.21(e), 52.21(h), 52.21(i), 52.21(k)(1),
52.21(l)(1), 52.21(m)(3), 52.21(o)(1), 52.21(p), 52.21(p)(6),
52.21(p)(7), 52.21(p)(8), 52.21(q), 52.21(r)(2), 52.21(v)(1),
52.21(v)(2)(iv)(a), 52.21(w)(1), and 52.21(aa)(15). EPA's review of
these revisions is contained in a Technical Support Document (TSD) for
this action. The TSD is available for review as part of the Docket for
this action.
    The North Dakota ``incorporation by reference'' properly clarified
the circumstances in which the term ``Administrator,'' found throughout
the Federal rules, was to remain the EPA Administrator, and when it was
intended to refer to the ``North Dakota Department of Health,''
instead.
    As noted above, on November 7, 2003, EPA published a
reconsideration of the NSR Reform regulations that added a definition
of ''replacement unit'' and clarified that the plantwide applicability
limitation (PAL) baseline calculation procedures for newly-constructed
units do not apply to modified units. Since North Dakota has
incorporated by reference the regulations in 40 CFR 52.21 ``as they
exist on October 1, 2003'' (North Dakota provision 33-15-15-01.2),
these clarifications are not proposed for approval at this time. EPA
has communicated to North Dakota that, at its earliest convenience, the
State should revise provision 33-15-15-01.2 (Scope) to specify that 40
CFR 52.21 as amended and promulgated on July 1, 2004, or later, is
incorporated by reference in order for these clarifications to become
part of the SIP.
    The requirements included in North Dakota's PSD program, as
specified in Chapter 33-15-15, are substantively the same as the
Federal provisions, due to North Dakota's incorporation of the Federal
rules by reference. The revisions North Dakota made to 40 CFR 52.21
noted above were reviewed by EPA and found to be as stringent, or more
stringent, than the Federal rules. EPA has, therefore, determined that
the proposed revisions are consistent with the program requirements for
the preparation, adoption and submittal of implementation plans for the
Prevention of Significant Deterioration of Air Quality, as set forth at
40 CFR 51.166, and are approvable as part of the North Dakota SIP.

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve revisions to North Dakota Air Pollution
Control Rules, Chapter 33-15-15, Prevention of Significant
Deterioration of Air Quality. Per North Dakota's request, EPA is taking
no action on Clean Unit

Exemptions (40 CFR 52.21(x) and (y)) and Pollution Control Projects (40
CFR 52.21(z)).

V. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    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.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' as that term
is defined in Executive Order 13211, 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).

Regulatory Flexibility Act

    This proposed action merely proposes to approve State law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by State law. Accordingly, the Administrator
certifies that this proposed 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.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This proposed rule 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 (59 FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action 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 proposes to approve 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.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    This proposed 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 is not ``economically
significant'' under Executive Order 12866.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    This proposed 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.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 1, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
[FR Doc. E6-21502 Filed 12-15-06; 8:45 am]

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[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Proposed Rules]
[Page 54526]
[FR Doc No: 2018-23671]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2015-F-2712]

Adisseo France S.A.S.; Filing of Food Additive Petition (Animal
Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; petition for rulemaking.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that Adisseo France S.A.S. has filed a petition proposing that the food
additive regulations be amended to provide for the safe use of silicon
dioxide as a carrier for selenomethionine hydroxy analogue at a level
not to exceed 95 percent of the selenomethionine hydroxy analogue in
its packaged form.

DATES: The food additive petition was filed on June 18, 2015.

ADDRESSES: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts; and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Chelsea Trull, Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5))), notice is given that a
food additive petition (FAP 2291) has been filed by Adisseo France
S.A.S., Immeuble Antony Parc II, 10 Place du G[eacute]n[eacute]ral de
Gaulle, 92160 Antony, France. The petition proposes to amend Title 21
of the Code of Federal Regulations (CFR) in part 573 (21 CFR part 573)
Food Additives Permitted in Feed and Drinking Water of Animals to
provide for the safe use of silicon dioxide as a carrier for
selenomethionine hydroxy analogue at a level not to exceed 95 percent
of the selenomethionine hydroxy analogue in its packaged form. In an
earlier notice of petition (80 FR 48471, August 13, 2015), the use of
silicon dioxide was omitted.
    The petitioner has claimed that this action is categorically
excluded under 21 CFR 25.32(r) because it is of a type that does not
individually or cumulatively have a significant effect on the human
environment. In addition, the petitioner has stated that, to their
knowledge, no extraordinary circumstances exist. If FDA determines a
categorical exclusion applies, neither an environmental assessment nor
an environmental impact statement is required. If FDA determines a
categorical exclusion does not apply, we will request an environmental
assessment and make it available for public inspection.

    Dated: October 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23671 Filed 10-29-18; 8:45 am]
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