[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68765-68766]
[FR Doc No: 2012-27959]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13739-002]

Lock+ Hydro Friends Fund XLII, LLC; Notice of Scoping Meetings
and Environmental Site Review and Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major Original License.
    b. Project No.: 13739-002.
    c. Date filed: September 17, 2012.
    d. Applicant: Lock+ Hydro Friends Fund XLII, LLC.
    e. Name of Project: Braddock Locks and Dam Hydroelectric Project.
    f. Location: At the existing U.S. Army Corps of Engineers' Braddock
Locks and Dam on the Monongahela River, in Allegheny County,
Pennsylvania. The project would occupy about 0.19 acre of federal
lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Mark R. Stover, Lock+\TM\ Hydro Friends
Fund XLII, LLC, c/o Hydro Green Energy, LLC, 900 Oakmont Lane, Suite
310, Westmont, IL 60559;<PHONE_NUMBER> ext. 711; email_
<EMAIL_ADDRESS>    i. FERC Contact: John Mudre at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: January 4, 2013.
    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 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: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person 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. This application is not ready for environmental analysis at this
time.
    l. The proposed project would utilize the existing U.S. Army Corps
of Engineers' Braddock Locks and Dam and the Braddock Pool, and would
consist of the following new facilities: (1) A new powerhouse with five
turbine-generators having a total installed capacity of 3,750
kilowatts; (2) a new approximately 3,450-foot-long, 23-kilovolt
electric distribution line; (3) a switchyard and control room; and (4)
appurtenant facilities. The average annual generation is estimated to
be 25,020 megawatt-hours.
    The proposed project would deploy hydropower turbines within a
patented ``Large Frame Module'' (LFM) that would be deployed on the
south (river left) side of the dam, opposite the location of the
existing navigational locks and at the upstream face of the existing
left closure weir. The proposed modular, low environmental impact
powerhouse would be approximately 60.4 feet long, 16.6 feet wide, and
40 feet high, and constructed of structural-grade steel. The powerhouse
will bear on a concrete foundation on rock that is anchored to the
existing left closure weir. A trash rack with 6-inch openings would be
placed at the powerhouse intake to increase safety and protect the
turbines from large debris.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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, contact FERC
Online Support.
n. Scoping Process
    The Commission intends to prepare an Environmental Assessment (EA)
on the project in accordance with the National Environmental Policy
Act. The EA will consider both site-specific and cumulative
environmental impacts and reasonable alternatives to the proposed
action.

Scoping Meetings

    FERC staff will conduct one daytime scoping meeting and one evening
meeting. The daytime scoping meeting will focus on resource agency and
non-governmental organization (NGO) concerns, while the evening scoping
meeting is primarily for public input. All interested individuals,
organizations, and agencies are invited to attend one or both of the
meetings, and to assist the staff in identifying the scope of the
environmental issues that should be analyzed in the EA. The times and
locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Wednesday, December 5, 2012.
    Time: 1:00 p.m.
    Place: Allegheny Conference Room, 8th floor of the Brunner
Building.
    Address: 11 Stanwix Street, Pittsburgh, Pennsylvania.

Evening Scoping Meeting

    Date: Wednesday December 5, 2012.
    Time: 7:00 p.m.
    Place: Doubletree Hotel.
    Address: 101 Mall Blvd., Monroeville, Pennsylvania.
    Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the EA are being distributed to the parties on the
Commission's mailing list and the applicant's distribution list. Copies
of the SD1 will be available at the scoping meeting or may be viewed on
the web at http://www.ferc.gov using the ``eLibrary'' link (see item m
above).

Environmental Site Review

    The Applicant and FERC staff will conduct a project Environmental
Site Review beginning at 10:00 a.m. on Wednesday December 5, 2012. All
interested individuals, organizations, and agencies are invited to
attend. All participants should meet in the parking lot at the Great
Allegheny Passage Trailhead, Pump House, 880 East Waterfront Drive,
Munhall, Pennsylvania at 10:00 a.m. All participants are responsible
for their own transportation to the site.

Objectives

    At the scoping meetings, the staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EA; (2)
solicit from the meeting participants all available information,
especially quantifiable data, on the resources at issue; (3) encourage
statements from experts and the public on issues that should be
analyzed in the EA, including viewpoints in opposition to, or in
support of, the staff's preliminary views; (4) determine the resource
issues to be addressed in the EA; and (5) identify those issues that
require a detailed analysis, as well as those issues that do not
require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the project.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meetings and to
assist the staff in defining and clarifying the issues to be addressed
in the EA.

    Dated: November 5, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-27959 Filed 11-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78579-78582]
[FR Doc No: 2022-27774]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2022-0128]
RIN 2126-AC48

Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its Hazardous Materials Safety Permits
regulations to incorporate by reference the April 1, 2022, edition of
the Commercial Vehicle Safety Alliance's (CVSA) handbook (the handbook)
containing inspection procedures and Out-of-Service Criteria (OOSC) for
the inspection of commercial motor vehicles used in the transportation
of transuranic waste and highway route-controlled quantities of
radioactive material. The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for these inspections. Through this rule, FMCSA incorporates
by reference the April 1, 2022, edition of the handbook.

DATES: Effective January 23, 2023. The incorporation by reference of
the material described in the rule is approved by the Director of the
Federal Register as of January 23, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This final rule is organized as follows:

I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis for the Rulemaking
V. Background
VI. Discussion of Proposed Rulemaking and Comments
    A. Proposed Rulemaking
    B. Comments and Responses
VII. International Impacts
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulations
    B. Congressional Review Act
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Availability of Rulemaking Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0128/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

II. Executive Summary and 1 CFR 51

    This final rule updates an incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at Sec.  385.415(b). The provision at
Sec.  385.4(b)(1) currently references the April 1, 2021, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and OOSC for inspections of shipments of transuranic waste and highway
route-controlled quantities of radioactive material. The

OOSC, while not regulations, provide enforcement personnel nationwide,
including FMCSA's State partners, with uniform enforcement tolerances
for inspections. The material is available, and will continue to be
available, for inspection at the FMCSA, Office of Safety, 1200 New
Jersey Avenue SE, Washington, DC 20590 (Attention: Chief, Compliance
Division) at<PHONE_NUMBER>. The document may be purchased from the
Commercial Vehicle Safety Alliance, 99 M Street SE, Suite 1025,
Washington, DC 20003,<PHONE_NUMBER>, [email protected].
    Fourteen updates distinguish the April 1, 2022, handbook edition
from the 2021 edition. The updates are all described in detail in the
September 7, 2022, notice of proposed rulemaking (NPRM) for this rule
(87 FR at 48141). The incorporation by reference of the 2022 edition
does not impose new regulatory requirements.

III. Abbreviations

CDL Commercial Driver's License
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
MCMIS Motor Carrier Management Information System
OOS Out-of-Service
OOSC Out-of-Service Criteria
RFA Regulatory Flexibility Act
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code

IV. Legal Basis for the Rulemaking

    Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits, the Secretary
of Transportation is required to promulgate regulations as part of a
comprehensive safety program on hazardous materials safety permits. The
FMCSA Administrator has been delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking functions vested in the
Secretary of Transportation. Consistent with that authority, FMCSA has
promulgated regulations under 49 CFR part 385, subpart E to address the
congressional mandate on hazardous materials safety permits. Those
regulations are the underlying provisions to which the material
incorporated by reference discussed in this final rule is applicable.

V. Background

    In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
highway route-controlled quantities of radioactive material.
Thereafter, CVSA developed the North American Standard Level VI
Inspection Program for Transuranic Waste and Highway Route Controlled
Quantities of Radioactive Material. This inspection program for select
radiological shipments includes inspection procedures, enhancements to
the North American Standard Level I Inspection, radiological surveys,
CVSA Level VI decal requirements, and the ``North American Standard
Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.'' As of January 1, 2005,
all vehicles and carriers transporting highway route-controlled
quantities of radioactive material must pass the North American
Standard Level VI Inspection prior to the shipment being allowed to
travel in the United States. All CMVs transporting highway route-
controlled quantities of radioactive material shipments into the United
States must also pass the North American Standard Level VI Inspection
either at the shipment's point of origin or when the shipment enters
the United States.
    Section 385.415 of title 49, Code of Federal Regulations,
prescribes operational requirements for motor carriers transporting
hazardous materials for which a hazardous materials safety permit is
required. Section 385.415(b) requires that motor carriers ensure a pre-
trip inspection is performed on each motor vehicle to be used to
transport a highway route-controlled quantity of a Class 7
(radioactive) material, in accordance with the requirements of CVSA's
handbook titled ``North American Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Out-of-Service Criteria for
Commercial Highway Vehicles Transporting Transuranics and Highway Route
Controlled Quantities of Radioactive Materials as defined in 49 CFR
part 173.403.''
    Covid-19 affected the number of roadside inspections for Level I-
Level VI primarily during 2020 and 2021. In 2018-2019 approximately 3.5
million Level I-Level VI inspections were performed annually, as
compared to 2020-2021 where approximately 2.7 million Level I-Level VI
inspections were performed annually. Across all years, nearly 96
percent of these inspections in each year were Level I, Level II, and
Level III inspections. During 2018-2019 an average of 1,010 Level VI
inspections were performed annually which dropped to an average of 600
annually during 2020-2021 due to Covid-19. On an annual basis Level VI
inspections comprise only 0.02 percent of all inspections and, on
average, OOS violations were cited in only 6 Level VI inspections
annually (0.6 percent). In comparison, on average, OOS violations were
cited in 26 percent of all Level I, 25 percent of all Level II, and 6
percent of all Level III inspections annually across 2018-2021
irrespective of Covid-19. As these statistics demonstrate, OOS
violations are cited in a far lower percentage of Level VI inspections
than Level I, II, and III inspections, due largely to the enhanced
oversight and inspection of these vehicles because of the sensitive
nature of the cargo being transported.
    The changes to the 2022 edition of the CVSA handbook are intended
to ensure clarity in the presentation of the OOS conditions and are
generally editorial or ministerial. As discussed below, FMCSA does not
expect the changes made in the 2022 edition of the CVSA handbook to
affect the number of OOS violations cited during Level VI inspections.

VI. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    FMCSA published a NPRM on August 8, 2022 (87 FR 48141). Whereas the
incorporation by reference found at 49 CFR 385.4 and referenced at 49
CFR 385.415(b) references the April 1, 2021, edition of CVSA's ``North
American Standard Out-of-Service Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria for Commercial Highway Vehicles
Transporting Transuranics and Highway Route-Controlled Quantities of
Radioactive Materials as defined in 49 CFR part 173.403,'' the NPRM
proposed to incorporate by reference the April 1, 2022, edition.
Fourteen updates distinguish the April 1, 2022, edition from the 2021
edition. Each of the changes was described and discussed in detail in
the NPRM. Generally, the changes serve to clarify or provide additional
guidance to inspectors

regarding uniform implementation and application of the out-of-service
criteria, and none is expected to affect the number of out-of-service
violations cited during Level VI inspections. The incorporation by
reference of the 2022 edition does not change what constitutes a
violation of FMCSA regulations.

B. Comments to the NPRM

    FMCSA solicited comments concerning the NPRM for 30 days ending
September 7, 2022. By that date, one comment was received from CVSA,
which commended FMCSA for publishing the NPRM and encouraged FMCSA to
finalize the rule and update the incorporation by reference.

C. Changes From the NPRM

    FMCSA makes an additional revision to 49 CFR 385.4(b) in this final
rule to update the address for CVSA. This change is non-substantive and
ensures that the incorporation by reference information in Sec.  385.4
is accurate and up-to-date.

VII. Section-by-Section Analysis

Section 385.4 Matter Incorporated by Reference

    Paragraph (a) of Sec.  385.4 is amended to conform with Office of
Federal Register requirements for incorporation by reference paragraphs
in regulatory text. The introductory text to paragraph (b) is amended
by updating the address for CVSA. Paragraph (b)(1) is amended by
replacing the reference to the April 1, 2021, edition date with a
reference to the new edition date of April 1, 2022.

VII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that order. Accordingly, OMB has not
reviewed it under that E.O.
    The final rule updates an incorporation by reference from the April
1, 2021, edition to the April 1, 2022, edition of CVSA's handbook
titled ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403.'' FMCSA reviewed its MCMIS data on inspections performed from
2018 to 2021 and does not expect the handbook updates to have any
effect on the number of OOS violations cited during Level VI
inspections. Therefore, the final rule's impact would be de minimis.

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\1\
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    \1\ A ``major rule'' means any rule that OMB finds has resulted
in or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (49 CFR 389.3).
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C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term small entities comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses. None of the updates from the 2022 edition
impose new requirements or make substantive changes to the FMCSRs.
    When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C. 603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of preparing an analysis, if the
final rule is not expected to impact a substantial number of small
entities. FMCSA received no comments in response to the NPRM that would
cause the Agency to reconsider the initial determination that this
rulemaking is not expected to impact a substantial number of small
entities. This final rule updates an incorporation by reference found
at Sec.  385.4(b)(1) and referenced at Sec.  385.415(b), and
incorporates by reference the April 1, 2022, edition of the CVSA
handbook. The changes to the 2022 edition of the CVSA handbook from the
2021 edition are intended to ensure clarity in the presentation of the
OOS conditions and are generally editorial or ministerial. As noted
above, FMCSA does not expect the changes made in the 2022 edition of
the CVSA handbook to affect the number of OOS violations cited during
Level VI inspections in the United States. Accordingly, I certify that
this final rule will not have a significant economic impact on a
substantial number of small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996,\2\ FMCSA wants to assist small
entities in understanding this rulemaking so they can better evaluate
its effects on themselves and participate in the rulemaking initiative.
If the final rule affects your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
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    \2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement

fairness and an explicit policy against retaliation for exercising
these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $178 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2021 levels) or more in any 1 year. Though this rulemaking would not
result in such an expenditure, and the analytical requirements of UMRA
do not apply as a result, the Agency discusses the effects of this rule
elsewhere in this preamble.

F. Paperwork Reduction Act

    This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``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.''
    FMCSA has determined that this rulemaking does not have substantial
direct costs on or for States, nor does it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\3\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rulemaking does not require the collection
of personally identifiable information.
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    \3\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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I. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6(b). This Categorical
Exclusion (CE) covers minor revisions to regulations. The requirements
in this rulemaking are covered by this CE.

List of Subjects in 49 CFR 385

    Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
part 385, as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; Sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; Sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; Sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.

0
2. Revise Sec.  385.4 to read as follows:

Sec.  385.4   Matter incorporated by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the FMCSA and
at the National Archives and Records Administration (NARA). Contact
FMCSA at: Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance, 1200 New Jersey Ave. SE, Washington, DC
20590; Attention: Chief, Compliance Division at<PHONE_NUMBER>. For
information on inspection at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The
material may be obtained from the source in the following paragraph of
this section.
    (b) Commercial Vehicle Safety Alliance (CVSA), 99 M Street SE,
Suite 1025, Washington, DC 20003, telephone<PHONE_NUMBER>,
www.cvsa.org.
    (1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2022, incorporation by reference approved for Sec.
385.415(b).
    (2) ``Operational Policy 4: Inspector Training and Certification'',
Revised April 29, 2021 (CVSA Operational Policy 4); incorporation by
reference approved for Sec.  385.207. (Also available at
www.fmcsa.dot.gov/certification).

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-27774 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]
[Page 36724-36725]
[DOCID:fr28jn10-129]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62329; File No. SR-OCC-2010-09]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Relating to Sprott Physical
Gold Shares

June 21, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on June 7, 2010, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II, and
III below, which Items have been prepared primarily by OCC. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The proposed rule change would add an interpretation following the
definition of ``fund share'' in Article I, Section 1(F)(8), of OCC's
By-Laws to clarify that OCC will clear and treat as options on
securities any option contract on Sprott Physical Gold Shares that are
traded on a securities exchange and will clear and treat as security
futures any futures contracts on Sprott Physical Gold Shares.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

    The purpose of the proposed rule change is to clarify OCC's
treatment of options and security futures on Sprott Physical Gold
Shares. To accomplish this purpose, OCC is proposing to amend the
interpretation following the definition of ``fund share'' in Article I,
Section 1, of OCC's By-Laws to make clear that OCC will (i) clear and
treat as securities options any option contracts on Sprott Physical
Gold Shares that are traded on securities exchanges and (ii) clear and
treat as security futures any futures contracts on Sprott Physical Gold
Shares. The Commission has approved rule filings where OCC amended or
added other interpretations with respect to its treatment and clearing
of options and security futures on SPDR Gold Shares; iShares[supreg]-
COMEX Gold Shares and iShares[supreg] Silver Shares; ETFS Physical
Swiss Gold Shares and ETFS Physical Silver Shares; and ETFS Palladium
Shares and ETFS Platinum Shares.\2\
---------------------------------------------------------------------------

    \2\ Securities and Exchange Commission Release Nos. 57895 (May
30, 2008), 73 FR 32066 (June 5, 2008) (SPDR Gold Trust); 59054 (Dec.
4, 2008), 73 FR 75159 (Dec. 10, 2008) (iShares COMEX Gold Shares and
iShares Silver Shares); 61591 (Feb. 25, 2010), 75 FR 9979 (Mar. 4,
2010) (ETFS Physical Gold Shares and ETFS Physical Silver Shares);
61958 (Apr. 22, 2010), 75 FR 22673 (Apr. 29, 2010) (ETFS Palladium
Shares And ETFS Platinum Shares).
---------------------------------------------------------------------------

    In its capacity as a ``derivatives clearing organization''
registered as such with the Commodities Futures Trading Commission
(``CFTC''), OCC is filing this proposed rule change for prior approval
by the CFTC pursuant to provisions of the Commodity Exchange Act
(``CEA'') in order to foreclose any potential liability under the CEA
based on an argument that the clearing by OCC of such options as
securities options, or the clearing of such futures as security
futures, constitutes a violation of the CEA. The products for which
approval is requested are essentially the same as the options and
security futures on SPDR Gold Shares, iShares[supreg] COMEX Gold Shares
and iShares[supreg] Silver Shares that OCC currently clears pursuant to
the rule changes referred to above and exemptions issued by the
CFTC.\3\ The underlying Sprott Physical Gold Shares, however, are
structured differently from the gold and silver ETFs underlying the
currently cleared products.\4\
---------------------------------------------------------------------------

    \3\ CFTC Order Exempting the Trading and Clearing of Certain
Products Related to SPDR Gold Trust Shares, 73 FR 31981 (June 5,
2008); CFTC Order Exempting the Trading and Clearing of Certain
Products Related to iShares[reg] COMEX Gold Trust Shares and
iShares[supreg] Silver Trust Shares, 73 FR 79830 (Dec. 3, 2008).
    \4\ Sprott Physical Gold Trust May 26, 2010 Prospectus,
available at http://www.sec.gov/edgar/searchedgar/
companysearch.html.
---------------------------------------------------------------------------

    Sprott Physical Gold Trust is described by the issuer as a closed-
end mutual fund trust organized under the laws of the Province of
Ontario, Canada. Sprott Physical Gold Shares are redeemable for
physical gold on a monthly rather than a daily basis and have
redemption terms that are different from the fund shares underlying the
contracts that were the subject of the previous filings. In addition,
unlike the underlying ETFs referred to in the previous filings, Sprott
Physical Gold Shares cannot be created through the deposit of gold in
``creation unit'' size transactions, and therefore the outstanding
number of shares in the trust therefore cannot be increased through
such a mechanism. OCC believes that these differences do not have
jurisdictional significance for purposes of this filing. OCC believes
that this filing raises no new regulatory or policy issues with respect
to the options and security futures, notwithstanding the differences
between the two products.
    OCC states that the proposed interpretation of OCC's By-Laws is
consistent with the purposes and

requirements of Section 17A of the Act \5\ because it is designed to
promote the prompt and accurate clearance and settlement of
transactions in securities options and security futures, to foster
cooperation and coordination with persons engaged in the clearance and
settlement of such transactions, to remove impediments to and perfect
the mechanism of a national system for the prompt and accurate
clearance and settlement of such transactions, and, in general, to
protect investors and the public interest. It accomplishes this purpose
by making clear its treatment of options and security futures on Sprott
Physical Gold Shares. The proposed rule change is not inconsistent with
the By-Laws and Rules of OCC.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    OCC has not solicited or received written comments relating to the
proposed rule change. OCC will notify the Commission of any written
comments it receives.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-OCC-2010-09 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-OCC-2010-09. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at OCC's principal office and on OCC's Web site
at http://www.theocc.com/publications/rules/proposed_changes/
proposed_changes.jsp. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submission should refer to File No. SR-
OCC-2010-09 and should be submitted on or before July 19, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15539 Filed 6-25-10; 8:45 am]
BILLING CODE 8010-01-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-1146; FRL-       ]

	Approval and Promulgation of Air Quality Implementation Plans;

	West Virginia: Transportation Conformity Requirement

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

SUMMARY:  EPA is taking direct final action to approve revisions to the
West Virginia State Implementation Plan (SIP).  The revisions establish
State transportation conformity requirements.  EPA is approving these
revisions in accordance with the requirements of the Clean Air Act.

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  If EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-1146 by one of the following methods:

     A.    www.regulations.gov. Follow the on-line instructions for
submitting comments.

     B.    E-mail<EMAIL_ADDRESS>
     C.    Mail:   EPA-R03-OAR-2007-1146, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

     D.   Hand Delivery: At the listed EPA Region III address.  Such
deliveries are only accepted during the Docket(s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2007-1146.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, (i.e., CBI or other information),
disclosure of which is restricted by statute.  Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE, Charleston, WV
25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:  Throughout this document whenever ``we'',

``us'', or ``our'' is used, we mean EPA.

I. What Is Transportation Conformity?

II. What Is the Background for This Action?

III. What Did the State Submit and How Did We Evaluate It?

IV. What Action Is EPA Taking Today?

V. Statutory and Executive Order Reviews

I. What Is Transportation Conformity?

Transportation conformity is required under Section 176(c) of the Clean
Air Act to ensure that Federally supported highway, transit projects,
and other activities are consistent with (conform to) the purpose of the
approved SIP. Conformity currently applies to areas that are designated
nonattainment, and those areas redesignated to attainment after 1990
(maintenance areas), with plans developed under section 175A of the
Clean Air Act for the following transportation related criteria
pollutants: ozone, particulate matter (PM2.5 and PM10), carbon monoxide
(CO), and nitrogen dioxide (NO2).  Conformity with the purpose of the
SIP means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the relevant National Ambient Air Quality Standards (NAAQS).  The
Federal transportation conformity regulations (Federal Rule) are found
in 40 CFR part 93 and provisions related to conformity SIPs are found in
40 CFR 51.390.

II. What Is the Background for This Action?

On August 10, 2005, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed
into law.  SAFETEA-LU revised certain provisions of section 176(c) of
the Clean Air Act, related to transportation conformity.  Prior to
SAFETEA-LU, states were required to address all of the Federal Rule's
provisions in their conformity SIPs.  After SAFETEA-LU, state’s SIPs
were required to contain all or portions of only the following three
sections of the Federal Rule, modified as appropriate to each state's
circumstances,: 40 CFR 93.105 (consultation procedures); 40 CFR
93.122(a)(4)(ii) (written commitments to implement certain kind of
control measures); and 40 CFR 93.125(c) (written commitments to
implement certain kinds of mitigation measures).  Pursuant to
SAFETEA-LU, States are no longer required to submit conformity SIP
revisions that address the other sections of the Federal conformity
rule.

III. What Did the State Submit and How Did We Evaluate It?

On April 12, 2007, the West Virginia Department of Environmental
Protection submitted a revision to its State Implementation Plan (SIP)
for Transportation Conformity purposes.  The SIP revision consists of
six executed Memorandums of Understanding (MOUs) which will constitute
the State of West Virginia SIP for transportation conformity purposes.
The six MOUs were executed among the State of West Virginia and the
various Metropolitan Planning Organizations within the State of West
Virginia which have responsibility for undertaking transportation
conformity in conjunction with transportation planning activities along
with the three Federal Agencies (EPA, Federal Highway Administration,
and Federal Transit Administration) who are participating members in the
conformity consultation process.   These MOUs which make up the SIP
revision address the three provisions of the EPA Conformity Rule
required under SAFETEA-LU:  40 CFR 93.105 (consultation procedures); 40
CFR 93.122(a)(4)(ii) (certain control measures), and 40 CFR 93.125(c)
(mitigation measures).

We  reviewed the submittal to assure consistency with the February 14,
2006, “Interim Guidance for Implementing the Transportation Conformity
provisions in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU)”.  The guidance document
can be found at  HYPERLINK "
http://epa.gov/otaq/stateresources/transconf/policy.htm"
http://epa.gov/otaq/stateresources/transconf/policy.htm .  The guidance
document states that each state is only required to address and tailor
the afore-mentioned three sections of the Federal Conformity Rule in
their state conformity SIPs.

EPA's review of West Virginia’s Transportation Conformity SIP revision
indicates that it is consistent with EPA’s guidance in that it
included the three elements specified by SAFETEA-LU and EPA’s
guidance. Consistent with the EPA Conformity Rule at 40 CFR 93.105
(consultation procedures), paragraph (a)(2) of each of the executed MOUs
 establishes the requirements for the  appropriate agencies, procedures
and allocation of responsibilities as required under 40CFR 93.105 for
consultation procedures.  In addition, the executed MOUs provides for
appropriate public consultation/public involvement consistent with 40
CFR 93.105.  With respect to 40 CFR 93.122(a)(4)(ii) and 40 CFR
93.125(c), paragraphs (a)(3) and (a)(4) of the executed MOUs specifies
that written commitments for control measures and mitigation measures
for meeting these requirements will be provided as needed.

IV.	Final Action

EPA is hereby approving the West Virginia SIP revision for
Transportation Conformity, which was submitted on April 12, 2007.  EPA
is publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse comment.
 However, in the (Proposed Rules( section of today(s Federal Register,
EPA is publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed.  This rule will
be effective on [Insert date 60 days from date of publication in the
Federal Register] without further notice unless EPA receives adverse
comment by [Insert date 30 days from date of publication in the Federal
Register].  If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.  EPA will address all public comments in a
subsequent final rule based on the proposed rule.  EPA will not
institute a second comment period on this action.  Any parties
interested in commenting must do so at this time.

V.  Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely approves state rule as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law.  For that reason, this action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

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

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [insert date 60 days from date of publication of
this document in the Federal Register].  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 to approve the West Virginia Transportation Conformity SIP
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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

 April 15,2008
\\s\\

Dated:                                				William T.Wisniewski,

                                      				Acting Regional Administrator,

                                      				Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart XX ( West Virginia

	  In ( 52.2520, the table in paragraph (e) is amended by adding an
entry for State of West Virginia Transportation Conformity Requirements
at the end of the table to read as follows:

( 52.2520  	Identification of plan.

*	*	*	*	*

(e)* * *

Name of non-regulatory SIP revision

Applicable geographic area

State submittal date

EPA approval date

Additional explanation

*     *     *     *     *     *     *

State of West Virginia Transportation Conformity Requirements

Entire State

04/12/2007

[Insert Federal Register publication date]

[Insert page number where the document begins]

Memoranda of Understanding between EPA, FHWA, FTA, State of West
Virginia, and six Metropolitan Planning Organizations

 PAGE

 PAGE   2

 PAGE   11


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

      UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       	     WASHINGTON, D.C. 20460

      				OFFICE PREVENTION,
   				PESTICIDES AND TOXIC SUBSTANCES

   MEMORANDUM                                                                   January 09, 2013

   SUBJECT:	Ecotoxicity Risk assessment for Octenol Registration Review Decision Document.

               EPA Reg No.:		72563-
               Registration Review
               Case#:		               6033
               CAS No.:		3391-86-4
               PC Code:		069037

   FROM:	Miachel Rexrode, Ph.D., Senior Biologist          /s/             01/09/2013
               Biochemical Pesticides Branch
               Biopesticide & Pollution Prevention Division (7511P)

   TO:		Leonard Cole, Regulatory Action Leader            /s/              01/09/2013
               Biochemical Pesticides Branch
               Biopesticide & Pollution Prevention Division (7511P)

ACTION REQUESTED
The following is an ecotoxicity assessment for octenol in support of the Registration Review Work Plan.
RECOMMENDATIONS AND CONCLUSIONS
Executive Summary
Octenol (1-Octen-3-ol) is a naturally occurring straight chain aliphatic alcohol by-product that is produced in plants and animals. It was originally reported to be found in mushrooms and has been isolated also from the essential oils of lavender. Octenol is found in fruit (bananas, melons, currants, and filberts), vegetables (asparagus, tomatoes), cheese, fish, meat (chicken), coffee, tea, etc. This compound is a semiochemical which modifies the behavior of some insects and when used as an active ingredient with pesticides, octenol can act as an attractant to certain species of mosquitoes and biting flies. It may also be used in conjunction with carbon dioxide and electronic devices that in turn kill trapped insects. Studies show that when combined with carbon dioxide, octenol can be act as an attractant to many dipterian species that include no-see-ums, mosquitoes, and biting midges. The EPA has noted that when octenol is released into air, it is not harmful to humans, to non-targeted organisms, or to the environment. There is potential for toxicity if octenol is ingested.

Figure 1.0 1-octen-3-ol

 Octenol (l-octen-3-ol) was given Generally Recognized as Safe (GRAS) status by Flavoring
Extract Manufacturers' Association (FEMA). It is also already approved by the U.S. Food and
Drug Administration (FDA) for food use (21 CFR 121.1104). In 1974 the Council of Europe included octenol in their list of artificial flavoring substances that may be added to foodstuffs without hazard to public health.

Chemical and Fate Properties
Table 1.0 shows that octenol is not water soluble, has a very low potential for bioaccumulation (Log P = 2.60), and is volatile (0.153 mm Hg).

  Table 1.0 Chemical and Fate Properties for 1  - octenol-3-ol[1]
                             OPPTS Guideline No.
                                   Property
                             Description of Result
                                   830.6302
Color
Colorless
                                   830.6303
Physical State
Liquid
                                   830.7220
Boiling point/Range
180.32 [0]C
                                   830.7550
                                   830.7560
                                   830.7570
Partition Coefficient (n-
Octanol/Water)
Log P = 2.60
                                   830.7840
Water Solubility
Very soluble 1,836 mg/L
                                   830.7950
Vapor Pressure
0.153 mm Hg @ 20°C

[1] EPA 2003, 1-octen-3-ol Fact Sheet

Toxicology
The toxicology values for octenol show that the compound is a Toxicity Category II for acute oral toxicity (Oral LD50 = 340 mg/kg); Toxicity Category III for acute dermal toxicity (LD50 = 3,300 mg/kg); and a non skin irritant. The EPA Fact Sheet also notes that non-published summary information shows that octenol acute inhalation is Toxicity Category IV (LC50 = 3.72 mg/L) and that the compound is a component of some perfumes (1%) where there have not been any incidents of eye or respiratory effects.

Ecological Effects
The Agency has waived all ecological data requirements and noted that it does not expect a risk to non-target wildlife from the proposed uses of octenol (i.e., mosquito and biting fly lure for bug zapper and traps) due to the low exposure anticipated in the formulated product (i.e., Flowtron Octenol Mosquito Attractant). Although octenol is acutely toxic to mammals on an oral basis ((LD50 = 340 mg/kg), the compound is packaged in a multilayer, plastic laminate construction and housed in an applicator before it is used in a device (electronic) that can kill/trap insects. A review (11/27/12) of the Agency Environmental Incident Information System (EIISv2.1.1; 2012) showed that there were no reports of adverse effects from octenol exposure to non-target species

Conclusions
Octenol is a semiochemical that acts by modifying behavior of the pest species and appears to be an attractant of hematophagous arthropods, especially dipterans. The compound is very water soluble but the vapor pressure for octenol shows that the compound is highly volatile and the log kow shows a limited potential for bioconcentration. The Agency waived the requirements for toxicity studies on this compound based on the following:  packaging methods; the small load per unit/applicator; relatively slow evaporation rate of 2- 3 mg/hr (Kulasewski, 2002); the widespread occurrence of this compound in plants, animals and edible fruits/vegetables; approval by the US Food and Drug Administration for use in food; and octenol is a Generally Recognized as Safe (GRAS) compound. The use of octenol as an attractant is not expected to result in increased lethal exposure to non target organisms that is above normal background levels; consequently, adverse effects to these terrestrial and aquatic organisms is low and effects to endangered/threatened species is a No Effect.

References

Kulasewski, J. 2002. Determination of the release rate of Mosquito Magnat Octenol Lure. American Biophysics Corp. MRID 4814920

Touhey, J.G. 1990. A review of the current bases for the United States Environmental Protection Agency's policies for the regulation of pheromones and other semiochemicals, together with a review of the available relevant data which may impact the assessment of risk for these classes of chemicals. Part 1: straight chain alcohols, acetate esters and aldehydes. Unpublished report.


[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5330-5331]
[FR Doc No: 2023-01661]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5223-039]

Packaging Corporation of America; Notice of Intent To File
License Application, Filing of Pre-Application Document, Approving Use
of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 5223-039.
    c. Date Filed: November 23, 2022.
    d. Submitted By: Packaging Corporation of America (Packaging
Corp.).
    e. Name of Project: International Falls Hydroelectric Project.
    f. Location: The project is located on the Rainy River in
Koochiching and St. Louis Counties, Minnesota. The project includes an
unknown quantity of federal land within Voyageurs National Park.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Ethan Croatt, Packaging Corporation
of America, 400 2nd Street, International Falls, MN 56649; (218) 838-
6801; [email protected]
    i. FERC Contact: Nicholas Ettema at<PHONE_NUMBER>; or email at
[email protected].
    j. Packaging Corp. filed its request to use the Traditional
Licensing Process on November 23, 2022. Packaging Corp. provided public
notice of its request on November 25, 2022. In a letter dated January
23, 2023, the Director of the Division of Hydropower Licensing
(Director) approved Packaging Corp.'s request to use the Traditional
Licensing Process. The Director also approved Packaging Corp.'s request
to waive regulations at 18 CFR 16.8(b)(3) with regard to the timing of
a project site visit. An opportunity for a project site visit must
occur no later than July 31, 2023.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service under section 7 of the Endangered
Species Act and the joint agency regulations thereunder at 50 CFR part
402. We are also initiating consultation with the Minnesota State
Historic Preservation Officer, as required by section 106, National
Historic Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Packaging Corp. as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Packaging Corp. filed a Pre-Application Document (PAD; including
a proposed process plan and schedule) with the Commission, pursuant to
18 CFR 5.6 of the Commission's regulations.

    n. A copy of the PAD may be viewed on the Commission's website
(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. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 5223. Pursuant to
18 CFR 16.8, 16.9, and 16.10, each application for a new license and
any competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by November 30,
2025.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: January 23, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-01661 Filed 1-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Page 410]
[FR Doc No: 2010-33127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-63]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before January 14, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1288 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frances Shaver, ARM-207, (202) 267-
4059, FAA, Office of Rulemaking, 800 Independence Ave SW., Washington,
DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 28, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2010-1288.
    Petitioner: Honeywell.
    Section of 14 CFR Affected: Sec.  21.603.
    Description of Relief Sought: Honeywell requests relief from the
requirements of Sec.  21.603 for certain Traffic Collision Avoidance
System (TCAS) computers that process a parameter differently then
required by Technical Standard Order C119b. This parameter is not used
by the operational TCAS software and therefore has no impact on the
safety performance of the system.

[FR Doc. 2010-33127 Filed 1-3-11; 8:45 am]
BILLING CODE 4910-13-P