[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Proposed Rules]
[Pages 17003-17005]
[FR Doc No: 2015-07280]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0679; Directorate Identifier 2013-NM-182-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-13-
06, for all Airbus Model A300 series airplanes and all Model A300 B4-
600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R
Variant F airplanes (collectively called Model A300-600 series
airplanes). AD 2012-13-06 currently requires a one-time detailed
inspection to determine the length of the fire shut-off valve (FSOV)
bonding leads and for contact or chafing of the wires, and corrective
actions if necessary. Since we issued AD 2012-13-06, a determination
was made that the description of the inspection area specified in the
service information was misleading; therefore, some operators might
have inspected incorrect bonding leads. This proposed AD would instead
require a new one-time detailed inspection of the FSOV bonding leads to
ensure that the correct bonding leads are inspected, and corrective
action if necessary. We are proposing this AD to detect and correct
contact or chafing of wires and the bonding leads, which, if not
detected, could be a source of sparks in the wing trailing edge, and
could lead to an uncontrolled engine fire. May 5, 2015.

DATES: We must receive comments on this proposed AD by May 15, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0679; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0679;
Directorate Identifier 2013-NM-182-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 21, 2012, we issued AD 2012-13-06, Amendment 39-17108 (77
FR 40485, July 10, 2012). AD 2012-13-06 requires actions intended to
address an unsafe condition on all Airbus Model A300 series airplanes
and all Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes).
    Since we issued AD 2012-13-06, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Union, has issued EASA Airworthiness Directive 2013-0204,
dated September 6, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    During a scheduled maintenance check, one operator reported
inoperative Fire Shut Off Valve (FSOV). Investigations showed damage
at wire located between engine 2 hydraulic FSOV and wing rear spar,
in the zones 575/675, and at bonding lead, located between wing rib
7A and rib 8 below hydraulic pressure lines.
    Similar inspections on different aeroplanes have shown that one
of the causes of damage is the contact between bonding lead and the
harness, due to over length of the bonding lead.
    This condition, if not detected and corrected, could lead to
either:
    --a potential explosive condition on-ground if the FSOV, that is
installed in fuel vapor zone is commanded to close position, or
    --a temporary uncontrolled engine fire, if combined with a fire
event in the nacelle fed by an hydraulic leakage and not controlled
by the fire extinguishing system.
    As the affected wire is not powered during normal operation, no
defect can be detected unless a test is performed on the FSOV during
maintenance check.
    EASA issued AD 2011-0084 [http://ad.easa.europa.eu/blob/easa_ad_2011_0084.pdf/AD_2011-0084_Superseded] which required a one-
time [detailed] inspection of the wires [for contact or chafing]
located between [LH/RH] engines hydraulic FSOV and wing rear spar in
the zones 575/675, and the bonding lead [for length] that is located
between rib 7A and rib 8 below hydraulic pressure lines, and
corrective actions [repair of wires or replacement of bonding leads]
depending on findings.
    It appeared that the original issue of the Airbus inspection
Service Bulletins (SB's) as

well as EASA AD 2011-0084 might have caused possible
misunderstandings on the exact bonding leads and wires that are
required to be inspected.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0084, which is superseded, and requires
additional work on aeroplanes that have already been inspected in
accordance with the instructions of the original issue of the SB's.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0679.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-24-0106, Revision 01,
including Appendices 01, 02, 03, and 04, dated March 26, 2013 (for
Model A300 series airplanes); and Service Bulletin A300-24-6108,
Revision 01, including Appendices 01, 02, 03, and 04, dated March 26,
2013 (for Model A300-600 series airplanes. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI. This service information is reasonably
available; see ADDRESSES for ways to access this service information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 123 airplanes of U.S.
registry.
    We estimate that it would take about 8 work-hours per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $500
per product. Based on these figures, we estimate the cost of this
proposed AD on U.S. operators to be $145,140, or $1,180 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $50, for a cost of
$135 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2012-13-06, Amendment 39-17108 (77 FR 40485, July 10, 2012), and adding
the following new AD:

Airbus: Docket No. FAA-2015-0679; Directorate Identifier 2013-NM-
182-AD.

(a) Comments Due Date

    We must receive comments by May 15, 2015.

(b) Affected ADs

    This AD replaces AD 2012-13-06, Amendment 39-17108 (77 FR 40485,
July 10, 2012).

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD, certificated in any category, all
certificated models; all manufacturer serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R,
B4-622R, F4-605R, and F4-622R airplanes.
    (3) Airbus Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Reason

    This AD was prompted by a determination that the description of
the inspection area specified in the service information was
misleading; therefore, some operators might have inspected incorrect
bonding leads. We are issuing this AD to detect and correct contact
or chafing of wires and the bonding leads, which, if not detected,
could be a source of sparks in the wing trailing edge, and could
lead to an uncontrolled engine fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection of the Fire Shut-off Valve (FSOV) Bonding Leads

    At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do a one-time detailed inspection to determine the
length of the FSOV bonding leads, and to detect contact or chafing
of the wires located on the left-hand (LH) and right-hand (RH) sides
of the wing rear spar, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-24-0106, Revision 01,
including Appendices 01, 02, 03, and 04, dated March 26, 2013 (for
Model A300 series airplanes); or Airbus Service Bulletin A300-24-
6108, Revision 01, including Appendices 01, 02, 03, and 04, dated
March 26, 2013 (for Model A300-600 series airplanes); as applicable.
    (1) For airplanes on which the inspection required by paragraph
(g) of AD 2012-13-06,

Amendment 39-17108 (77 FR 40485, July 10, 2012), has not been done
as of the effective date of this AD: Inspect within 4,500 flight
hours or 30 months after August 14, 2012 (the effective date of AD
2012-13-06), whichever occurs first.
    (2) For airplanes on which the inspection required by paragraph
(g) of AD 2012-13-06, Amendment 39-17108 (77 FR 40485, July 10,
2012), has been done as of the effective date of this AD: Inspect
within 4,500 flight hours or 30 months after the effective date of
this AD, whichever occurs first.

(h) Corrective Action for FSOV Bonding Leads

    If, during the inspection required by paragraph (g) of this AD,
the length of the bonding lead(s) is more than 80 millimeters (mm)
(3.15 inches): Before further flight, replace the bonding lead(s)
with a new bonding lead having a length equal to 80 mm
2 mm (3.15 inches)  0.08 inch, in accordance with the
Accomplishment Instructions of the applicable service information
identified in paragraph (g) of this AD.

(i) Repair of the Wires of the LH and RH Sides

    If, during the inspection required by paragraph (g) of this AD,
any contact or chafing of the wires is found, repair the wires
before further flight, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraph (g) of this AD.

(j) Parts Installation Prohibition

    As of August 14, 2012 (the effective date of AD 2012-13-06,
Amendment 39-17108 (77 FR 40485, July 10, 2012), no person may
install any bonding lead longer than 80 mm  2 mm (3.15
inches)  0.08 inch, located between the LH/RH engine
hydraulic FSOV and wing rear spar in zones 575/675 on any airplane.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0204, dated September 6,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-0679.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 24, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-07280 Filed 3-30-15; 8:45 am]
 BILLING CODE 4910-13-P


Ohio MP& M Survey Facilities ( screenrs. sd2)

Facilities from the Survey of Ohio MP& M facilities.

Data Element Defintions DISCHARG Discharge type GRTR1MGY Flow greater than 1 million gallons per year ID Index LENGTH Length of reach segment MNFLOW Mean reach flow MNVELO Mean reach velocity NPDES Public Treatment Works ID or Discharge Permit ID NSTCO Number of counties through which reach flows PCS_ FLOW PCS FLOW PCS_ LFLO PCS LOW FLOW PCS_ NAM1 PCS NAM1 ( CBI) PCS_ RWAT PCS RWAT ( CBI) SITEANNF Annual flow at the site SITEID Site ID number SOURCE Source ( survey) of facility information STCO1 State county fips STCO2 State county fips STCO3 State county fips STCO4 State county fips STCO5 State county fips STCO6 State county fips STCO7 State county fips STCO8 State county fips SUBCATEG Subcategory SVTNFLOW 7q10 reach flow SVTNVELO 7q10 reach velocity TYPE Type of reach segment WEIGHTS Facility weight


[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Page 33626]
[FR Doc No: 2023-11087]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2023-0012; OMB No. 1660-0113]

Agency Information Collection Activities: Proposed Collection;
Comment Request; FEMA Preparedness Grants: Tribal Homeland Security
Grant Program (THSGP)

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of renewal and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal Agencies to take this opportunity
to comment on an extension, without change, of a currently approved
information collection. In accordance with the Paperwork Reduction Act
of 1995, this notice seeks comments concerning the FEMA Preparedness
Grants: Tribal Homeland Security Grant Program (THSGP). The THSGP
investment justification allows Indian Tribes to apply for Federal
funding to support efforts to achieve target capabilities related to
preventing, preparing for, protecting against, or responding to acts of
terrorism.

DATES: Comments must be submitted on or before July 24, 2023.

ADDRESSES: Submit comments at www.regulations.gov under Docket ID FEMA-
2023-0012. Follow the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID, and will be posted, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov, and will include any personal
information you provide. Therefore, submitting this information makes
it public. You may wish to read the Privacy and Security Notice that is
available via a link on the homepage of www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cornelius Jackson, Preparedness
Officer, FEMA Grant Programs Directorate, at<PHONE_NUMBER> or
[email protected]. You may contact the Information
Management Division for copies of the proposed collection of
information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The purpose of the THSGP is to make grants
available to Federally-recognized ``directly eligible tribes'', as
defined by the Homeland Security Act, and to provide Tribes with the
ability to develop and deliver core capabilities using the combined
efforts of the whole community, rather than the exclusive effort of any
single organization or level of government. The THSGP's allowable costs
support efforts of Tribes to build and sustain core capabilities to
prepare for, prevent, protect against, and respond to acts of
terrorism. The THSGP also plays an important role in the implementation
of the National Preparedness System by supporting the building,
sustainment, and delivery of core capabilities essential to achieving
FEMA's National Preparedness Goal of a secure and resilient Nation.
Federally-recognized Tribes are those Tribes appearing on the list
published by the Secretary of the Interior pursuant to the Federally
Recognized Indian Tribe List Act of 1994 (Pub. L. 103-454) (25 U.S.C.
5131). ``Directly eligible tribes'' are defined in section 2001 of the
Homeland Security Act of 2002, as amended (Pub. L. 107-296) (6 U.S.C.
601).

Collection of Information

    Title: Tribal Homeland Security Grant Program (THSGP) Investment
Justification Template.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0113.
    FEMA Forms: FEMA Form FF-207-FY-22-118 (formerly 089-22), Tribal
Homeland Security Grant Program (THSGP) Investment Justification
Template.
    Abstract: This information is being collected for the primary
purpose of facilitating correspondence between the grant applicant and
FEMA and for determining eligibility and administration of FEMA
Preparedness Grant Programs, specifically the Tribal Homeland Security
Grant Program. The THSGP provides supplemental funding to directly
eligible Tribes to help strengthen the nation against risks associated
with potential terrorist attacks. This program provides funds to build
capabilities at the State, Local, Territorial and Tribal levels and
implement goals and objectives included in state homeland security
strategies.
    Affected Public: State, Local, or Tribal Government.
    Estimated Number of Respondents: 120.
    Estimated Number of Responses: 120.
    Estimated Total Annual Burden Hours: 18,010.
    Estimated Total Annual Respondent Cost: $962,454.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $482,186.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the Agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-11087 Filed 5-23-23; 8:45 am]
BILLING CODE 9111-78-P


[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22490-22491]
[FR Doc No: 2019-10298]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-1-000]

Notice of Availability of the Environmental Assessment for the
Proposed Palmyra to Ogden A-Line Project: Northern Natural Gas Company

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Palmyra to Ogden A-Line Project, involving abandonment by sale of
facilities by Northern Natural Gas Company (Northern) to DKM
Enterprises, LLC (DKM) in Otoe and Cass counties in Nebraska, and
Mills, Pottawattamie, Cass, Audubon, Guthrie, Greene, and Boone
counties in Iowa.
    The EA assesses the potential environmental effects of the Palmyra
to Ogden A-Line Project in accordance with the requirements of the
National Environmental Policy Act. The FERC staff concludes that
approval of the proposed project, with appropriate mitigating measures,
would not constitute a major federal action significantly affecting the
quality of the human environment.
    Northern proposes to isolate and abandon by sale to DKM
approximately 146.6 miles of 24-inch-diameter pipeline on Northern's
M580A and M530A system (collectively referred to as the ``A-line'')
from Palmyra, Nebraska, to Ogden, Iowa. Northern indicates that DKM
intends to salvage the abandoned pipeline.
    To abandon the pipeline, Northern would disconnect and cap the A-
line at five interconnections where it is linked to other system
facilities. Ground disturbances would be limited to one location in
Otoe County, Nebraska, and four locations in Mills, Guthrie, and Boone
counties, Iowa, where the A-line would be disconnected from Northern's
existing pipeline system.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; Native American Tribes; other interested parties;
local libraries and newspapers; and other interested individuals and
groups, including commenters. The EA is only available in electronic
format. It may be viewed and downloaded from the FERC's website
(www.ferc.gov), on the Environmental Documents page (https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the EA may be
accessed by using the eLibrary link on the FERC's website. Click on the
eLibrary link (https://www.ferc.gov/docs-filing/elibrary.asp), click on
General Search, and enter the docket number in the ``Docket Number''
field, excluding the last three digits (i.e., CP19-1). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at<EMAIL_ADDRESS>or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the EA's disclosure and discussion of potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. The more specific your comments, the
more useful they will be. To ensure that the Commission has the
opportunity to consider your comments prior to making its decision on
this project, it is important that we receive your comments in
Washington, DC, on or before 5:00 p.m. Eastern Time on June 12, 2019.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP19-1) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426.
    Any person seeking to become a party to the proceeding must file a
motion to

intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. The Commission may grant affected landowners
and others with environmental concerns intervenor status upon showing
good cause by stating that they have a clear and direct interest in
this proceeding which no other party can adequately represent. Simply
filing environmental comments will not give you intervenor status, but
you do not need intervenor status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: May 13, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-10298 Filed 5-16-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Pages 9438-9440]
[FR Doc No: 2018-04488]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0590; FRL-9974- 96--Region 1]

Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Massachusetts. This SIP revision increases the total number of
commercial parking spaces allowed in the Logan Airport Parking Freeze
area by 5,000 parking spaces. The intended effect of this action is to
reduce carbon monoxide (CO) and nitrogen oxide (NOX)
emissions by reducing the increased vehicle miles traveled (VMT)
resulting from insufficient available parking at Logan Airport. This
action is being taken under the Clean Air Act.

DATES: This rule is effective on April 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0590. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston,
MA 02109-3912, tel.<PHONE_NUMBER>, email [email protected].

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

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 5, 2017 (83 FR 57415), EPA published a Notice of
Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts. The
NPRM proposed approval of revisions to 310 Code of Massachusetts
Regulations (CMR) 7.30 Massachusetts Port Authority (Massport)/Logan
Airport Parking Freeze. The formal SIP revision was submitted by
Massachusetts on July 13, 2017.
    The revised 310 CMR 7.30 increases the total number of commercial
spaces in the Logan Parking Freeze area by 5,000 spaces to a total of
26,088. In the event that the remaining 702 park-and-fly spaces in the
East Boston Parking Freeze cap were converted to commercial spaces at
Logan Airport in the future, the maximum total number of spaces
permitted would be 26,790.
    In addition, the revision requires Massport to complete the
following studies within 24 months of June 30, 2017: (1) Potential
improvements to high occupancy vehicle access to Logan Airport; (2) a
cost and pricing assessment for different modes of transportation to
and from Logan Airport in order to generate revenue for the promotion
of high-occupancy

vehicle (HOV) use by airport travelers and visitors; and (3) the
feasibility and effectiveness of potential operational measures to
reduce non-HOV pick-up/drop-off modes of transportation to Logan
Airport.
    Finally, the revision allows Massport to satisfy its annual
reporting requirements through its submission of annual Environmental
Data Reports or similar airport-wide documents under the Massachusetts
Environmental Policy Act (MEPA).
    The rationale for EPA's proposed action is explained in the NPR and
will not be restated here. EPA received comments from the Conservation
Law Foundation (CLF) in support of the NPRM after the close of the
comment period, and they have been included in the docket for this
action. Initially, CLF opposed the addition of 5,000 commercial parking
spaces. However, with the development of a binding agreement between
CLF and Massport, CLF now supports this SIP revision due to the agreed
upon addition of substantial transportation mitigation measures and
increased HOV targets. The only comment received during the public
comment period was not germane or specific to this rulemaking, and did
not state how or why the rule should be changed. Therefore, no
additional response to the comment will be provided here.

II. Final Action

    EPA is approving revised 310 CMR 7.30 Massport/Logan Airport
Parking Freeze as a revision to the Massachusetts SIP.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of 310 CMR
7.30 Massport/Logan Airport Parking Freeze described in the amendments
to 40 CFR part 52 set forth below. The EPA has made, and will continue
to make, these documents generally available through https://www.regulations.gov.

IV. 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 law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 7, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 26, 2018.
Alexandra Dapolito Dunn,
 Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart W--Massachusetts

0
2. In Sec.  52.1120, in paragraph (c), amend the table by revising the
entry ``310 CMR 7.30'' to read as follows:

Sec.  52.1120   Identification of plan.

* * * * *
    (c) * * *

                                     EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State        EPA approval date
      State citation           Title/subject     effective date           \1\                 Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
310 CMR 7.30.............  Massport/Logan             6/30/2017  3/6/2018............  Revises the existing
                            Airport Parking                      [Insert Federal        commercial parking
                            Freeze.                               Register citation].   freeze limits and
                                                                                requires the
                                                                                Massachusetts Port
                                                                                Authority to complete
                                                                                several studies to
                                                                                evaluate ways to further
                                                                                support alternative
                                                                                transit options.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
  Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2018-04488 Filed 3-5-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Proposed Rules]
[Page 16363-16365]
[DOCID:fr01ap10-22]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 165

[Docket No. FDA 1993-N-0259] (formerly Docket No. 1993N-0085)

Beverages: Bottled Water; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: The Food and Drug Administration (FDA) is reopening until June
1, 2010 the comment period for the proposed rule, published in the
Federal Register of August 4, 1993 (58 FR 41612), amending the quality
standard for bottled water (currently in 21 CFR 165.110(b)). In the
1993 proposed rule, FDA proposed to revise the bottled water quality
standard to establish or modify the allowable levels for 5 inorganic
chemicals and 18 synthetic organic chemicals, and to maintain the
existing allowable level for the inorganic chemical sulfate. In a final
rule published March 26, 1996 (61 FR 13258), FDA maintained the
existing allowable level for sulfate and adopted the proposed allowable
levels for the 5 inorganic chemicals and 17 of the synthetic organic
chemicals, but deferred final action on the proposed allowable level
for the chemical di(2-ethylhexyl)phthalate (DEHP). FDA is reopening the
comment period on the 1993 proposed rule to seek further comment on
finalizing the allowable level for DEHP in the bottled water quality
standard.

DATES: Submit written or electronic comments by June 1, 2010.

ADDRESSES: You may submit comments, identified by Docket No. FDA 1993-
N-0259, by any of the following methods.
Electronic Submissions
Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Written Submissions
Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Comments'' heading in the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://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 Division of
Dockets Management, Food and Drug Administration, 5630 Fishers Lane,
rm.1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lauren Posnick Robin, Center for Food
Safety and Applied Nutrition (HFS-317), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of August 4, 1993 (58 FR 41612), FDA
published a proposal (``the 1993 proposed rule'') to revise the bottled
water standard of quality regulations in 21 CFR part 103 (now 21 CFR
165.110(b)) to establish or modify the allowable levels in bottled
water for 5 inorganic chemicals and 18 synthetic organic chemicals, and
to maintain the existing allowable level for the inorganic chemical
sulfate. FDA proposed these revisions in response to the publication by
the Environmental Protection Agency (EPA) of a final rule (57 FR 31776;
July 17, 1992) that established national primary drinking water
regulations consisting of maximum contaminant levels (MCLs) for the
same 23 chemicals and establishing an MCL for sulfate in public
drinking water. In a final rule published March 26, 1996 (61 FR 13258),
FDA maintained its existing allowable level for sulfate and adopted the
proposed allowable levels for the 5 inorganic chemicals and 17 of the
synthetic organic chemicals, but deferred final action on the proposed
allowable level of 0.006 milligrams/liter (mg/L) for the chemical di(2-
ethylhexyl)phthalate (DEHP). FDA deferred action on DEHP in response to
a comment stating that the proposed allowable level conflicted with an
existing prior sanction for this substance in Sec.  181.27 (21 CFR
181.27). The comment stated that DEHP is prior sanctioned in Sec.
181.27 for use as a plasticizer when migrating from food-packaging
material into foods with high water content and, as such, is approved
for use in contact with food in Sec.  177.1210 (21 CFR 177.1210)
Closures with sealing gaskets for food containers. The comment also
stated that DEHP is routinely used as a plasticizer in gaskets used in
metal and plastic closures for the packaging of bottled water in accord
with this approval, and that such use may result in levels of this
chemical migrating into water that exceed the proposed allowable level.
Thus, the comment maintained that finalizing the proposed allowable
level for DEHP would result in a limit on the level of this chemical in
bottled water that conflicts with this chemical's permitted use under
the existing food additive regulation for closures with sealing
gaskets, and that taking such action would effectively ban the use of
this plasticizer. The comment further stated that gaskets containing
DEHP are permitted for use in packaging food and bottled water under
relevant European national regulations.
    In the 1996 final rule, FDA stated that it was not aware of the
potential conflict between the proposed allowable level for DEHP and
the existing prior sanction for this substance in Sec.  181.27 at the
time it published the proposal. FDA also stated that the agency needed
additional time to evaluate this matter and to determine an appropriate
course of action with respect to the proposed allowable level for DEHP
and, therefore, FDA was deferring final action on the proposed
allowable level for DEHP at that time.

II. Request for Comments

    FDA is now considering finalizing the allowable level of 0.006 mg/L
for DEHP in the quality standard for bottled water in Sec.  165.110(b).
Because of the length of time that has elapsed since the 1993 proposed
rule, FDA is seeking additional comments on establishing an allowable
level for DEHP. Comments previously submitted to the Division of
Dockets Management on the issue of establishing an allowable level for
DEHP do not need to be and should not be resubmitted. All comments on
DEHP previously submitted to the docket number found in brackets in the
heading of this document, and comments on DEHP submitted in response to
this reopening of the comment period, will be considered in any final
rule finalizing the allowable level for DEHP in the quality standard
for bottled water.
    In this document, FDA is addressing the issue of the prior sanction
for the use of DEHP under Sec.  181.27, which resulted in deferral of
final action in 1996. FDA is also providing updates on the use of DEHP
in bottled water bottles and lid gaskets, and on international
standards for DEHP in bottled water. Finally, FDA is providing
information on analytical methods for measuring DEHP that were adopted
by EPA after the 1993 proposed rule, and is seeking comment on the
possible inclusion of these methods in the final regulation.
    A. Prior Sanction for Use of DEHP
    FDA has determined that the prior sanction for the use of DEHP in
Sec.  181.27, which exempts the use listed in Sec.  181.27 from the
food additive provisions of the Federal Food, Drug, and Cosmetic Act
(the act), does not preclude the agency from establishing an allowable
level for DEHP in the standard of quality for bottled water under Sec.
165.110(b). The existence of a prior sanction exempts ``sanctioned uses
from the food additive provisions of the [a]ct but not from the other
adulteration or the misbranding provisions of the [a]ct.'' 21 CFR
181.5(b). Therefore, while a food product containing DEHP consistent
with its prior sanction could not be considered adulterated within the
meaning of section 402(C)(i) of the act, it could be considered
adulterated or misbranded under other adulteration or the misbranding
provisions of the act.
    Under section 403(h)(1) of the act (21 U.S.C. 343(h)(1)), bottled
water that is of a quality below the prescribed standard in Sec.
165.110(b) is required by Sec.  165.110(c) to be labeled with a
statement of substandard quality or it is deemed misbranded. Thus, if
an allowable level for DEHP is finalized under the quality standard for
bottled water, finished bottled water products with DEHP levels above
the finalized level will be misbranded if the products do not bear
label statements of substandard quality. FDA also notes that under the
adulteration provisions of the

act, bottled water containing DEHP at a level considered injurious to
health under section 402(a)(1) of the act is deemed to be adulterated.
    B. Use of DEHP in Bottled Water Bottles and Lid Gaskets
    The comment on the 1993 proposal stated that: (a) DEHP is routinely
used as a plasticizer in gaskets used in metal and plastic closures for
the packaging of bottled water in accord with the prior sanction, and
that such use may result in levels of DEHP migrating into water that
exceed the proposed allowable level, and that (b) gaskets containing
DEHP are permitted for use in packaging food and bottled water under
relevant European national regulations. However, based on information
from industry, it appears that DEHP currently is not used in caps or
closures for bottled water in the U.S (Ref. 1). Furthermore, FDA notes
that current European Commission (EC) regulations limit the use of DEHP
as a plasticizer in food contact materials to repeated use materials
(Ref. 2). DEHP use is not permitted under EC regulations for plastic
caps or plastic lid gaskets in metal caps.
    C. International Standards for DEHP in Bottled Water
    FDA also notes that several international organizations have
adopted standards for DEHP that are the same or similar to FDA's
proposed allowable level of 0.006 mg/L. The International Bottled Water
Association (IBWA), a trade association representing a large segment of
the U.S. bottled water industry, had adopted EPA's 0.006 mg/l standard
for DEHP in its Model Code by 1995, suggesting that U.S. manufacturers
already are able to meet the proposed level (Refs. 3 and 4). In
addition, the World Health Organization (WHO) has established a
guideline value for DEHP in drinking water of 0.008 mg/L (Ref. 5). The
Codex Alimentarius General Standard for Bottled/Packaged Drinking
Waters (Other than Natural Mineral Waters) requires that bottled/
packaged drinking waters comply with WHO's guideline values (Ref. 6).
    D. Analytical Methodology
    In the 1993 proposal, FDA proposed adopting EPA Method 506 (Ref. 7)
and EPA Method 525.1, Revision 3.0, (Ref. 8) for analysis of selected
chemicals, including DEHP (58 FR 41612). In the 1996 document, FDA
adopted EPA Methods 506 and 525.1, Rev. 3.0, for all the chemicals with
the exception of DEHP (61 FR 13258). EPA has since updated its methods
for DEHP (Refs. 9 and 10). In this document, FDA is making EPA's
updated methods for DEHP analysis (Refs. 9 and 10) available for
comment on their possible inclusion in the final regulation.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

IV. References

    FDA has placed the following references on display in FDA's
Division of Dockets Management (see ADDRESSES). You may see them
between 9 a.m. and 4 p.m., Monday through Friday. (FDA has verified the
Web site addresses, but FDA is not responsible for any subsequent
changes to Web sites after this document publishes in the Federal
Register.)
    1. John Rost, Crown Packaging Technology, 2010, personal
communication, January 5, 2010.
    2. European Commission, 2007, Commission Directive 2007/19/EC of
30 March 2007 amending Directive 2002/72/EC relating to plastic
materials and articles intended to come into contact with food and
Council Directive 85/572/EEC laying down the list of simulants to be
used for testing migration of constituents of plastic materials and
articles intended to come into contact with foodstuffs, Official
Journal of the European Union, 31.3.2007, L 91/17-36.
    3. International Bottled Water Association, 2007, IBWA Model
Code, Version October 2007, accessed online at http://
www.bottledwater.org/files/
IBWA%20Bottled%20Water%20Code%20of%20Practice.pdf.
    4. International Bottled Water Association, 2007, personal
communication, August 30, 2007.
    5. World Health Organization, 2008, Guidelines for drinking-
water quality, third edition, incorporating first and second
addenda, World Health Organization: Geneva, accessed online at
http://www.who.int/water_sanitation_health/dwq/fulltext.pdf.
     6. Codex Alimentarius, 2001, General Standard for Bottled/
Packaged Drinking Waters (Other than Natural Mineral Waters), CODEX
STAN 227-2001, accessed online at www.codexalimentarius.net/
download/standards/369/CXS_227e.pdf.
    7. U.S. Environmental Protection Agency (EPA), EPA Method 506--
``Determination of Phthalate and Adipate Esters in Drinking Water by
Liquid-Liquid Extraction or Liquid-Solid Extraction and Gas
Chromatography with Photoionization Detection, '' In ``Methods for
the Determination of Organic Compounds in Drinking Water, Supplement
I,'' July 1990.
    8. U.S. EPA, EPA Method 525.1, Revision 2.2--``Determination of
Organic Compounds in Drinking Water by Liquid-Solid Extraction and
Capillary Column Gas Chromatography/Mass Spectrometry.'' In
``Methods for the Determination of Organic Compounds in Drinking
Water, Supplement I,'' May 1991, accessed online at http://
www.epa.gov/waterscience/methods/method/files/525_1.pdf
    9. U.S. EPA, EPA Method 506, Rev. 1.1--``Determination of
phthalate and adipate esters in drinking water by liquid/liquid
extraction or liquid/solid extraction and gas chromatography with
photoionization detection,'' In ``Analytical Methods Approved for
Drinking Water Compliance Monitoring of Organic Contaminants,'' June
2008, accessed online at http://www.epa.gov/ogwdw000/methods/pdfs/
methods/organic_080521b.pdf.
    10. U.S. EPA, EPA Method 525.2, Rev. 2.0--``Determination of
organic compounds in drinking water by liquid-solid extraction and
capillary column gas chromatography/mass spectrometry, '' In
``Analytical Methods Approved for Drinking Water Compliance
Monitoring of Organic Contaminants,'' June 2008, accessed online at
http://www.epa.gov/ogwdw000/methods/pdfs/methods/organic_
080521b.pdf.

    Dated: March 24, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-7292 Filed 3-31-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Proposed Rules]
[Pages 37356-37359]
[FR Doc No: 2012-15112]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0494]
RIN 1625-AA00

Safety Zone for Fireworks Display, Pamlico River; Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing the establishment of a temporary
safety zone on the Pamlico and Tar Rivers, Washington, NC. This action
is necessary to protect the life and property of the maritime public
from the hazards posed by fireworks displays. This zone is intended to
restrict vessels from a portion of the Pamlico River and Tar River
during Beaufort County's 300th Anniversary Celebration Fireworks.

DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2012.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO3 Joseph M. Edge, Sector North Carolina Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security

FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0494) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0494) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    There is no specific regulatory history for the Beaufort County
300th Celebration Fireworks Display. However, the parameters of the
Safety Zone contemplated for the event are substantially the same as
the parameters of the Safety Zone utilized for the Washington Summer
Festival and the Washington 4th of July Fireworks that was recently
amended by USCG-2012-0097 and posted in the Federal Register in Vol 77
FR 14703.

C. Basis and Purpose

    On September 22, 2012 fireworks will be launched from a point on
land near the Pamlico and Tar Rivers to commemorate Beaufort County's
300th anniversary. The temporary safety zone created by this rule is
necessary to ensure the safety of vessels and spectators from hazards
associated with the fireworks display. Such hazards include
obstructions to the waterway that may cause death, serious bodily harm,
or property damage. Establishing a safety zone to control vessel
movement around the location of the launch area will help ensure the
safety of persons and property in the vicinity of this event and help
minimize the associated risks.

D. Discussion of Proposed Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
Beaufort County 300th Anniversary Fireworks Display. The fireworks
display will occur for approximately 25 minutes from 9 p.m. to 9:25
p.m. on September 22, 2012. However, the Safety Zone would be effective
and enforced from 8 p.m. until 10 p.m. in order to ensure safety during
the setup, loading and removal of the display equipment.
    The safety zone would encompass all waters on the Pamlico and Tar
Rivers within a 300 yard radius of the launch site on land at position
35[deg]32'25'' N, longitude 077[deg]03'42'' W from 8 p.m. until 10 p.m.
on September 22, 2012. All geographic coordinates are North American
Datum 1983 (NAD 83). The effect of this temporary safety zone will be
to restrict navigation in the regulated area during the fireworks
display.
    All persons and vessels would have to comply with the instructions
of the Coast guard Captain of the Port or the designated on scene
patrol personnel. Entry into, transiting, or anchoring within the
safety zone would be prohibited unless authorized by the Captain of the
Port Sector North Carolina or his designated representative. The
Captain of the Port or his designated representative may be contacted
via VHF Channel 16. Notification of the temporary safety zone will be
provided to the public via marine information broadcasts.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the area, the effect of this rule will not be
significant because: (i) The safety zone will only be in effect from 8
p.m. to 10 p.m. on September 22, 2012, (ii) the Coast Guard will give

advance notification via maritime advisories so mariners can adjust
their plans accordingly, and (iii) although the safety zone will apply
to the section of the Pamlico River and Tar River, vessel traffic will
be able to transit safely around the safety zone.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
through or anchor in the specified portion of Pamlico River and Tar
River from 8 p.m. to 10 p.m. on September 22, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be in effect for two hours, from 8 p.m. to 10 p.m.
Although the safety zone will apply to a section of the Pamlico River,
vessel traffic will be able to transit safely around the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to the users of the waterway.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, 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 $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
establishes a temporary safety zone to protect the public from
fireworks fallout. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant

environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add Sec.  165.T05-0494 to read as follows:

Sec.  165.T05-0494  Safety Zone For Fireworks Display, Pamlico River;
Washington, NC

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: This safety zone
will encompass all waters on the Pamlico and Tar Rivers within a 300
yard radius of the launch site on land at position latitude
35[deg]32'25'' N, longitude 077[deg]03'42'' W. All geographic
coordinates are North American Datum 1983 (NAD 83).
    (c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
    (2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number<PHONE_NUMBER> or by radio on
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m.
to 10 p.m. on September 22, 2012 unless cancelled earlier by the
Captain of the Port.

    Dated: June 8, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-15112 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 57942-57943]
[DOCID:fr02oc06-60]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2006-0824; FRL-8226-7]

Board of Scientific Counselors, Executive Committee Meeting--
October 2006

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of one meeting of the Board of
Scientific Counselors (BOSC) Executive Committee.

DATES: The meeting will be held on Thursday, October 19, 2006 from 8:30
a.m. to 5 p.m., and will continue on Friday, October 20, 2006 from 9
a.m. to 12 noon. All times noted are eastern time. The meeting may
adjourn early if all business is finished. Requests for the draft
agenda or for making oral presentations at the meeting will be accepted
up to 1 business day before the meeting.

ADDRESSES: The meeting will be held at the Grand Hyatt Hotel, 1000 H
Street, NW., Washington, DC 20001. Submit your comments, identified by
Docket ID No. EPA-HQ-ORD-2006-0824, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions

for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2006-0824.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2006-0824.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Executive Committee Meeting--October 2006 Docket, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington,

DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2006-0824.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2006-
0824.

    Note: This is not a mailing 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-HQ-ORD-
2006-0824. 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
.

    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 Board of

Scientific Counselors, Executive Committee--October 2006 Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Lorelei Kowalski, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Any member of the public interested in receiving a draft BOSC
agenda or making a presentation at the meeting may contact Lorelei
Kowalski, the Designated Federal Officer, via any of the contact
methods listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes.
    Proposed agenda items for the meeting include, but are not limited
to: Discussion of the Computational Toxicology Subcommittee draft
letter report, and Rating Tool Workgroup draft proposal; ORD responses
to recent BOSC reports; update on program review subcommittees for
Human Health Risk Assessment, Safe Pesticides/Safe Products, Technology
for Sustainability, and Homeland Security; updates on the standing
Laboratory/Center Subcommittees, Human Health Mid-Cycle Review, and
EPA's Science Advisory Board activities; ORD briefings; and future
issues and plans. The meeting is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Lorelei Kowalski at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Lorelei Kowalski, preferably at least 10 days prior to
the meeting, to give EPA as much time as possible to process your
request.

    Dated: September 26, 2006.
Maryellen Radzikowski,
Acting Director, Office of Science Policy.
 [FR Doc. E6-16195 Filed 9-29-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18317-18318]
[FR Doc No: 2020-06737]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88486; File No. SR-CBOE-2020-022]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Its Fees Schedule

March 26, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 17, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to adopt the Flex Surcharge Fee for
NDX and NDXP Orders, effective, March 17, 2020.
    Currently, the Exchange assesses a FLEX Surcharge Fee of $0.10-per-
contract credit for DJX, MXEA, MXEF and XSP FLEX Options orders (all
capacity codes) executed electronically. The FLEX Surcharge Fee is only
charged up to the first 2,500 contracts per trade ($250 per trade). The
Exchange proposes to assess the FLEX Surcharge Fee to NDX and NDXP. The
FLEX Surcharge Fee assists the Exchange in recouping the cost of
developing and maintaining the FLEX system.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act. Specifically, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with Section 6(b)(4) of
the Act, which requires that Exchange rules provide for the equitable
allocation of reasonable dues, fees, and other charges among its
Trading Permit Holders and other persons using its facilities.
    The Exchange believes assessing a FLEX Surcharge Fee of $0.10 per
contract for all NDX and NDXP orders executed electronically on FLEX
and capping it at $250 (i.e., first 2,500 contracts per trade) is
reasonable because it is the same amount currently charged to other
index products for the same transactions. The proposed Surcharge is
also equitable and not unfairly discriminatory because the amount will
be assessed to all market participants to whom the FLEX Surcharge
applies.

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

    The Cboe Options does not believe that the proposed rule change
will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that the proposed rule change will not impose any burden on
intramarket competition because the proposed rule changes applies to
market participants. The Exchange does not believe that the proposed
rule changes will impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act
because the proposed change applies only to a product currently only
listed on Cboe Options. To the extent that the proposed changes make
Cboe Options a more attractive marketplace for market participants at
other exchanges, such market participants are welcome to become Cboe
Options market participants.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \3\ and paragraph (f) of Rule 19b-4 \4\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2020-022 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2020-022. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2020-022 and should be submitted on
or  before April 22, 2020.
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    \5\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-06737 Filed 3-31-20; 8:45 am]
 BILLING CODE 8011-01-P