DRAFT 05 08 03 Preliminary Data Summary 05 08 03 PHASE I PRE OPTIMIZATION EXPERIMENTS FOR SUBSTRATE CHARACTERIZATION FOR PORCINE MICROSOMES EPA Contract Number 68 W 01 023 WA 2 24 May 8, 2003 PREPARED FOR GARY E. TIMM WORK ASSIGNMENT MANAGER U. S. ENVIRONMENTAL PROTECTION AGENCY ENDOCRINE DISRUPTOR SCREENING PROGRAM WASHINGTON, D. C.

BATTELLE 505 KING AVENUE COLUMBUS, OH 43201 1 Preliminary Data Summary 05 08 03 Work Assignment 2 24 Pre Validation of the Aromatase Assay using Human, Bovine, and Porcine Placental Microsomes, and Human Recombinant Microsomes Phase I Pre Optimization Experiments for Substrate Characterization for Porcine Microsomes 1 Introduction The pre optimization experiments were designed to assess the chemical and biological properties of the critical components that are used in the aromatase assay. These experiments included characterizing the radiolabeled substrate and preparation of placental microsomes. In addition, each of the four microsomal preparations ( human, bovine, and porcine placental microsomes and the human recombinant microsomes) were analyzed for protein concentration, cytochrome P450 ( P450) content, and aromatase activity. The P450 content measurement confirms that the enzyme is present ( and in what concentration/ preparation type) prior to beginning the more elaborate aromatase activity assay. Finally, a single aromatase activity assay determination using each type of microsomal preparation was included as a pre optimization experiment in order to determine whether the preparations were of sufficient activity to conduct the definitive optimization experiments.

This report includes the results of the pre optimization experiments related to porcine placental microsomes.

2 Materials and Methods 2.1 Chemicals Non radiolabeled 4 androstene 3,17 dione ( ASDN) was received through Battelle from Sigma ( St. Louis, MO). [ 1$ 3H( N)] Androst 4 ene 3,17 dione ([ 3H] ASDN) was obtained from Perkin Elmer Life Science, Boston, MA. NADP, glucose 6 phosphate, glucose 6 phosphate dehydrogenase, glycerol, niacinamide, dithiothreitol and bovine serum albumin were purchased 2 from Sigma. Sodium phosphate monobasic, sodium phosphate dibasic, sucrose and propylene glycol were from JT Baker. Ultima Gold scintillation cocktail was purchased from Packard Instruments. DC Protein assay kit was purchased from Biorad ( Hercules, CA) .

2.2 Placental Microsome Preparation All porcine placentas were received from NCSU's University Field Laboratories Swine Educational Unit. With the exception of the first placenta collected, which was at room temperature for an undetermined length of time before being placed on ice, each placenta was chilled ( either in a cold room or on ice) within 5 minutes of delivery by the sow. Each placenta was transported on ice to RTI within about 1 h after collection. The tissue was placed on a icechilled board and the velvety tissue was scraped away from the membrane using a razor blade. The collected tissue was transfered into beakers containing ice cold buffer ( ca. 2: 1, w/ v; tissue : buffer; 0.25 M sucrose, 0.05 M sodium phosphate ( pH 7.0), 0.04 M niacinamide). The tissue was minced with scissors where necessary and then was homogenized in portions using a Polytron homogenizer. The homogenate was transferred to centrifuge tubes and centrifuged at a setting of 10,000g for 30 min at 4 NC in an IEC B 22M centrifuge. The supernatant was transferred to ultracentrifuge tubes and was centrifuged at a setting of 35,000 rpm ( which is equivalent to approximately 100,000g) in a refrigerated Beckman L5 50B Ultracentrifuge for 1 h to obtain the crude microsomal pellet. The supernatant was decanted and discarded and the microsomal pellet was resuspended in a chilled buffer containing 0.1 M sodium phosphate buffer, pH 7.4. The sample was centrifuged again at a setting of 35,000 rpm in the Beckman L5 50B for 1 h to wash the microsomes. This washing procedure was repeated one additional time. The twice washed microsomal pellet was resuspended in chilled 0.1 M sodium phosphate buffer ( pH 7.4) containing 0.25 M sucrose, 20% glycerol and 0.05 mM dithiothreitol. The microsomal suspensions were divided into ca. 0.2 0.5 mL portions, flash frozen in liquid nitrogen, and stored at ca.  70 NC.

2.3 Protein determination The protein concentration of the porcine placental microsome preparations were determined. A 6 point standard curve was prepared using BSA, ranging from 0.13 to 1.5 mg protein/ mL on each day of analysis. Protein concentration was determined by using a DC Protein Assay kit. To a 25 : L aliquot of unknown or standard, 125 : L of BioRad DC Protein Kit Reagent A was added and mixed. Next, 1 mL of BioRad DC Protein Kit Reagent B was added to each standard or unknown and the samples were vortex mixed. The samples were allowed to sit at room temperature for at least 15 min to allow for color development. The absorbances are stable for about 1 h. Each sample ( unknowns and standards) was transferred to disposable polystyrene cuvettes and the visible absorbance (@ 750 nm) was measured using a spectrophotometer. The protein concentration of the microsomal sample was determined by extrapolation of the absorbance value using the curve developed from the absorbance of the protein standards. 3 2.4 P450 Content P450 content was determined for the porcine placental microsome preparations. Using the carbon monoxide ( CO) spectral assay of Omura and Sato ( 1964), a single experiment was conducted as described below.

A sample of each microsomal preparation was diluted 1: 20 ( on one occasion a 1: 10 dilution was assayed because of low protein content in the microsomal preparation) in 0.1 M phosphate buffer ( pH 7.4). The diluted samples were gently bubbled with carbon monoxide for approximately 10 s and then each sample was divided between a pair of matched cuvettes ( 1 mL/ cuvette). Next, a few grains of solid sodium dithionite was added to the sample cuvette with gentle mixing by inversion. The difference spectrum was then recorded from 400 to 500 nm using an Aminco split beam spectrophotometer.

The concentration ( nmol/ mL) of P450 was calculated according to Beer's Law using an extinction coefficient value for P450 of 100 mM 1 cm 1. The specific content ( nmol/ mg protein) was calculated by multiplying the P450 concentration ( nmol/ mL) times the dilution factor and dividing this product by the protein content ( mg/ mL) of the original sample.

2.5 Aromatase Activity Aromatase activity was determined for each porcine placental microsome preparation. A single experiment ( for each preparation ) was conducted using only the substrate ([ 3H] ASDN/ ASDN). The assay was conducted as described in the following paragraph.

The [ 3H] ASDN/ ASDN substrate solution was prepared by combining solutions of [ 3H] ASDN and ASDN. A 1 mg/ mL solution of ASDN was prepared in ethanol. Serial dilutions of this solution were prepared in assay buffer to yield a solution containing ca. 1 : g ASDN/ mL. The [ 3H] ASDN stock was diluted 1: 100 in assay buffer to yield a solution containing ca. 10 : Ci/ mL. The substrate solution was prepared by combining 275 : L of the 1 : g ASDN/ mL solution, 100 : L of the 10 : Ci [ 3H] ASDN/ mL solution and 625 : L buffer.

The assay was performed in duplicate in 13x100 mm test tubes maintained at 37 ± 1 ° C in a shaking water bath. An aliquot ( 100 : L) of propylene glycol was added to the tubes to serve as a co solvent. The substrate, [ 1$ 3H] androstenedione ( 0.1 : Ci, 50 nM), was added to the tubes. An NADPH generating system comprised of NADP ( 1.7 mM), glucose 6 phosphate ( 2.8 mM) and glucose 6 phosphate dehydrogenase ( 1.0 units) was added to each tube. The tubes were placed at 37 ± 1 ° C in the water bath for 5 min prior to initiation of the assay by the addition of the diluted microsomal suspension (~ 0.1 mg microsomal protein/ mL). The total volume was 2.0 mL, and the tubes were incubated for 30 min. The incubations were stopped by the addition of methylene chloride ( 2.0 mL); the tubes were vortex mixed for about 30 s. The tubes were then centrifuged using a Beckman GS 6R centrifuge with a GH 3.8 rotor for 10 min at a setting of 1000 rpm ( which is approximately equivalent to 230g). The methylene chloride layer was removed to a vial and weighed; the aqueous layers were extracted again with methylene chloride 4 ( 2.0 mL). This extraction procedure was performed one additional time, each time reserving and weighing the methylene chloride layer in a separate vial. The aqueous layers were transferred to vials, weighed, and duplicate aliquots ( 0.5 mL) were weighed into 20 mL liquid scintillation counting vials. Duplicate aliquots of each methylene chloride fraction were weighed into scintillation vials. Liquid scintillation cocktail ( Ultima Gold, Packard, 10 mL) was added to each counting vial and shaken to mix the solution.

The radiochemical content of the substrate solution was determined by analyzing 5 weighed aliquots by LSS. The substrate solution specific activity was determined by dividing the radiochemical content of the substrate solution ( dpm/ g) by the total concentration of ASDN in the solution ( ASDN + [ 3H] ASDN; nmol/ g solution).

Analysis of the samples was performed using LSS as described in SOP METAB 610. Radiolabel found in the aqueous fractions represents 3H2O formed, and that in the methylene chloride fractions represents unreacted substrate.

The amount of estrogen product formed was determined by dividing the total amount of 3H2O formed by the specific activity of the [ 3H] ASDN substrate solution ( expressed in dpm/ nmol). The activity of the enzyme reaction was expressed in nmol ( mg protein) 1 min 1 and was calculated by dividing the amount of estrogen formed by the product of mg microsomal protein used times the incubation time, e. g. 30 min.

3 Results and Discussion Six porcine placentas were obtained ( each on a separate day) from a local research farm and microsomes were prepared. A sample of each microsome preparation was thawed rapidly in a water bath and rehomogenized prior to assay for protein and P450 content and aromatase activity. Only one of the six preparations had appreciable aromatase activity. The protein content for that preparation was determined to be ca. 28 mg/ mL. The total protein yield for the preparation was calculated to be ca. 126 mg ( ca. 4.5 mL microsomal suspension). P450 content of that preparation was determined to be ca. 0.053 nmol/ mg protein. The aromatase activity of the porcine placental microsomes was ca. 3 pmol estrogen formed/ mg protein/ min; this value matches that found earlier for the bovine placental microsome preparation. No literature value for porcine placenta microsomal aromatase activity was found.

4 Conclusion Isolation of microsomes with aromatase activity from porcine placentas was problematic at best. Collection of the thin layer of tissue was difficult and time consuming. Of the five placentas that were collected and chilled promptly after delivery by the sow, only one yielded microsomes with appreciable aromatase activity. No experimental variables were identified that led to this low activity. In fact, with the exception of the first placenta, which remained at room temperature for an undetermined length of time prior to work up, all placentas were processed by 5 the same method. Additional placental microsomes with sufficient aromatase activity would be needed for the conduct of the other phases of this project. The unavailability of literature values for aromatase activity in porcine placental microsomes makes it difficult to determine whether the aromatase activity found here is in the ` normal' range.

5 References Omura, T.; Sato, R. The carbon monoxide binding pigment of liver microsomes. I. Evidence for its hemoprotein nature. J. Biol. Chem. 1964, 239, 2370 2378.


[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27720-27722]
[FR Doc No: E9-13601]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-RO4-OAR-2008-0158; FRL-8912-5]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Jefferson County, KY; and Forsyth County,
NC; and Knox and Davidson Counties, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, notice of administrative change.

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SUMMARY: EPA is notifying the public that it has received negative
declarations for Hospital/Medical/Infectious Waste Incinerator (HMIWI)
units from Jefferson County Air Pollution Control District, Kentucky;
Forsyth County Environmental Affairs Department, North Carolina; Knox
County Department of Air Quality Management, and Nashville/Davidson
County Metropolitan Health Department, Tennessee. These negative
declarations certify that HMIWI units subject to the requirements of
sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in
areas covered by the local air pollution control programs of Jefferson
County, Kentucky; Forsyth County, North Carolina; Knox County, and
Nashville/Davidson County, Tennessee.

DATES: This final action is effective July 13, 2009 without further
notice.

ADDRESSES: Docket: All documents in the electronic docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Dr. Louis can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Sections 111(d) and 129 of the CAA require
submittal of plans to control certain pollutants (designated
pollutants) at existing facilities (designated facilities) whenever
standards of performance have been established under section 111(d) for
new sources of the same type, and EPA has established emission
guidelines for such existing sources. A designated pollutant is any
pollutant for which no air quality criteria have been issued, and which
is not included on a list published under section 108(a) or section
112(b)(1)(A) of the CAA, but emissions of which are subject to a
standard of performance for new stationary sources.
    Standards of performance for all existing HMIWI units (designated
facilities) constructed on or before June 20, 1996, have been
established by EPA, and emission guidelines for HMIWI units were
promulgated on September 15, 1997 (62 FR 48348). The emission
guidelines are codified at 40 CFR part 60, subpart Ce. Subpart B of 40
CFR part 60 establishes procedures to be followed and requirements to
be met in the development and submission of State plans for controlling
designated pollutants at designated facilities. Subpart A of 40 CFR
part 62 provides the procedural framework for the submission of these
plans. When designated facilities are located under the jurisdiction of
a State, or local agency, the State or local agency must then develop
and submit a plan for their respective jurisdiction for the control of
the designated pollutants. However, 40 CFR 62.06 provides that if there
are no existing sources of the designated pollutants within the State
or local agency's jurisdiction, the State or local agency may submit a
letter of certification to that effect or negative declaration, in lieu
of a plan. The negative declaration exempts the State or local agency
from the requirements to submit a plan for that designated pollutant.

Final Action

    The Jefferson County Air Pollution Control District, KY; Forsyth
County Environmental Affairs Department, NC;

Knox County Department of Air Quality Management, and Nashville/
Davidson County Metropolitan Health Department, TN, have determined
there are no existing sources in their respective jurisdictions subject
to the HMIWI units emission guidelines. Consequently, Jefferson County,
Forsyth County, Knox County and Nashville/Davidson County have
submitted letters of negative declaration certifying this fact.
Pursuant to 40 CFR part 60, subpart Ce, EPA is providing the public
with notice of these negative declarations. Notice of these negative
declarations will appear at 40 CFR part 62.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action,'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely notifies the public of negative declarations for HMIWI units
received by EPA from State or local agencies. This action imposes no
requirements. Accordingly, the Administrator certifies that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action is only a notice and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
    This action also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely notifies the public of
EPA's receipt of negative declarations for HMIWI units from States or
local agencies and does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act. This
action also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    With regard to negative declarations for HMIWI units received by
EPA from States or local agencies, EPA's role is only to notify the
public of the receipt of such negative declarations. In this context,
in the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), EPA has no authority to approve or
disapprove a CAA section 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a CAA section 111(d)/129 plan submission, to use VCS in place
of a CAA section 111(d)/129 plan submission that otherwise satisfies
the provisions of the CAA. Thus, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.SC. 3501 et seq).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This action is not a rulemaking, however, 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).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: April 10, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for Part 62 continues to read as follows:

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

Subpart S--[Kentucky]

0
2. Part 62 is amended by adding a new undesignated center heading to
subpart S and a new Sec.  62.4373 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan

Sec.  62.4373  Identification of plan--negative declaration.

    Letter from Jefferson County Air Pollution Control District, KY,
submitted on September 29, 1998, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60,
subpart Ce in its jurisdiction.

Subpart II--[North Carolina]

0
3. Part 62 is amended by adding a new undesignated center heading to
subpart II and a new Sec.  62.8356 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan

Sec.  62.8356  Identification of plan--negative declaration.

    Letter from Forsyth County Environmental Affairs Department, NC,
submitted on June 2, 1999, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60,
subpart Ce in its jurisdictions.

Subpart RR--[Tennessee]

0
4. Part 62 is amended by adding a new undesignated center heading to
subpart RR and a new Sec.  62.10631 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan

Sec.  62.10631  Identification of plan--negative declarations.

    Letters from Knox County Department of Air Quality Management and
Nashville/Davidson County Metropolitan Health Department, TN, submitted
on Dec. 16, 2002, and Jan. 21, 1998, respectively, certifying that
there are no Hospital/Medical/Infectious Waste Incinerator units
subject to 40

CFR part 60, subpart Ce in their jurisdictions.

[FR Doc. E9-13601 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Notices]
[Pages 30000-30001]
[FR Doc No: 2012-12188]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC12-101-000.
    Applicants: Golden Spread Electric Cooperative, Inc., Denver City
Energy Associates, L.P., Great Point Power Denver City LP, LLC, LSP-
Denver City, LLC, GPP Investors I, LLC, QUIXX Mustang Station, LLC
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act and Request for Expedited Consideration and
Waivers of Golden Spread Electric Cooperative, Inc. et al.
    Filed Date: 5/11/12
    Accession Number: 20120511-5224
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: EC12-102-000.
    Applicants: Riverside Energy Center, LLC
    Description: Application for Section 203 Authorization of Riverside
Energy Center, LLC, et al.
    Filed Date: 5/11/12
    Accession Number: 20120511-5226
    Comments Due: 5 p.m. ET 6/1/12

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

    Docket Numbers: ER12-397-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: G491 Compliance filing to be effective 11/15/2011.
    Filed Date: 5/11/12
    Accession Number: 20120511-5158
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: ER12-1655-000.
    Applicants: Lea Power Partners, LLC
    Description: Supplemental Notice to Notice of Change in Status of
Lea Power Partners, LLC.
    Filed Date: 5/11/12
    Accession Number: 20120511-5080
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: ER12-1656-000.
    Applicants: Waterside Power, LLC
    Description: Supplemental Notice to Notice of Change in Status of
Waterside Power, LLC.

    Filed Date: 5/11/12
    Accession Number: 20120511-5081
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: ER12-1772-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance Filing in Orders ER08-1419-003 and ER08-
1419-004--Attachment O to be effective 7/26/2010.
    Filed Date: 5/11/12
    Accession Number: 20120511-5165
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: ER12-1773-000.
    Applicants: Inupiat Energy Marketing, LLC
    Description: Initial MBR Application to be effective 5/21/2012.
    Filed Date: 5/11/12
    Accession Number: 20120511-5176
    Comments Due: 5 p.m. ET 6/1/12

    Docket Numbers: ER12-1774-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 05-11-2012 to be effective 7/11/2012.
    Filed Date: 5/11/12
    Accession Number: 20120511-5181
    Comments Due: 5 p.m. ET 6/1/12

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES12-41-000.
    Applicants: ISO New England Inc.
    Description: Application of ISO New England Inc. under Section 204
of the Federal Power Act For An Order Authorizing the Issuance of
Securities.
    Filed Date: 5/11/12
    Accession Number: 20120511-5225
    Comments Due: 5 p.m. ET 6/1/12

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

    Dated: May 14, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-12188 Filed 5-18-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Page 30475]
[FR Doc No: 2022-10779]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC22-152-000]

Florida Power & Light Company; Notice of Filing

    Take notice that on May 12, 2022, Florida Power & Light Company
(FPL) submitted a waiver request to the Chief Accountant of the Federal
Energy Regulatory Commission (Commission or FERC) related to Account
165, Prepayments, of the Commission's Uniform System of Accounts to
allow FPL to apply a $100,000 materiality threshold for recording
prepayments on the balance sheet, or alternatively, to apply a 0.5
percent threshold of the prior year ending balance in Account 165 when
determining the number of prepayments to record. FPL requests that this
waiver is applied prospectively, with a limited duration of ten years
if the Commission requires such limitation.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on May 23, 2022.

    Dated: May 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-10779 Filed 5-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81072-81074]
[FR Doc No: 2023-25710]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP24-13-000]

MountainWest Overthrust Pipeline, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on November 2, 2023, MountainWest Overthrust
Pipeline, LLC (Overthrust), 333 S. State St., 3rd Floor, Salt Lake
City, Utah 84111, filed an application under section 7(c) of the
Natural Gas Act (NGA), and Part 157 of the Commission's regulations
requesting authorization for its Westbound Compression Expansion
Project (Project). The Project is an incremental expansion of
Overthrust's existing pipeline system that will enable Overthrust to
provide an additional 325,000 dekatherms per day of westbound firm
transportation capacity. Overthrust proposes to install one 15,900 ISO-
rated horsepower (HP), gas-fired turbine compressor unit each at its
Point of Rocks and Rock Springs Compressor Stations and appurtenances,
all located in Lincoln and Sweetwater Counties, Wyoming. Overthrust
estimates the total cost of the Project to be $116,900,000. Overthrust
proposes an incremental recourse reservation rate applicable to the
firm transportation service under the Project. The Project shipper has
elected to pay a negotiated reservation rate, all as more fully set
forth in the application which is on file with the Commission and open
for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Greg Williams, Regulatory Analyst Lead, MountainWest Overthrust
Pipeline, LLC, 333 S. State St., 3rd Floor, Salt Lake City, Utah 84111
by phone at<PHONE_NUMBER>, or by email at [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file comments on the project, you can protest
the filing, and you can file a motion to intervene in the proceeding.
There is no fee or cost for filing comments or intervening. The
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on
December 6, 2023. How to file protests, motions to intervene, and
comments is explained below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections, to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be.

Protests

    Pursuant to sections 157.10(a)(4) \2\ and 385.211 \3\ of the
Commission's regulations under the NGA, any person \4\ may file a
protest to the application. Protests must comply with the requirements
specified in section 385.2001 \5\ of the Commission's regulations. A
protest may also serve as a motion to intervene so long as the
protestor states it also seeks to be an intervenor.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.10(a)(4).
    \3\ 18 CFR 385.211.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
    \5\ 18 CFR 385.2001.
---------------------------------------------------------------------------

    To ensure that your comments or protests are timely and properly
recorded, please submit your comments on or before December 6, 2023.
    There are three methods you can use to submit your comments or
protests to the Commission. In all instances, please reference the
Project docket number CP24-13-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments or protests electronically by using
the eFiling feature, which is located 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 will be asked to select the
type of filing you are making; first select ``General'' and then select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments or protests by
mailing them to the following address below. Your written comments must
reference the Project docket number (CP24-13-000).

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\6\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \7\ and the regulations under the NGA \8\ by the
intervention deadline for the project, which is December 6, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \7\ 18 CFR 385.214.
    \8\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP24-13-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP24-13-
000.

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email at: Greg Williams, Regulatory Analyst Lead,
MountainWest Overthrust Pipeline, LLC, 333 S. State St., 3rd Floor,
Salt Lake City, Utah 84111 or by email at [email protected].
Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online. Service can be via email with a link to the
document.
    All timely, unopposed \9\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\10\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\11\ A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \9\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \10\ 18 CFR 385.214(c)(1).
    \11\ 18 CFR 385.214(b)(3) and (d).

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

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. 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. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on December 6, 2023.

    Dated: November 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25710 Filed 11-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94457-94458]
[FR Doc No: 2016-30936]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32395; File No. 812-14595]

Delaware Management Business Trust, et al.; Notice of Application

December 19, 2016.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.\1\

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

Applicants:  Delaware Management Business Trust (``DMBT''), a Delaware
statutory trust registered under the Act as an open-end management
investment company with multiple series, Delaware Management Company, a
series of DMBT, registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Initial Adviser'' or ``DMC''),
Optimum Fund Trust, Delaware Group Adviser Funds, Delaware Group Cash
Reserve, Delaware Group Equity Funds I, Delaware Group Equity Funds II,
Delaware Group Equity Funds IV, Delaware Group Equity Funds V, Delaware
Group Foundation Funds, Delaware Group Global & International Funds,
Delaware Group Government Fund, Delaware Group Income Funds, Delaware
Group Limited-Term Government Funds, Delaware Group State Tax-Free
Income Trust, Delaware Group Tax-Free Fund, Delaware Pooled Trust,
Delaware VIP Trust, Voyageur Insured Funds, Voyageur Intermediate Tax
Free Funds, Voyageur Mutual Funds, Voyageur Mutual Funds II, Voyageur
Mutual Funds III, and Voyageur Tax Free Funds (each, a ``Trust'' and,
collectively with DBMT and DMC, the ``Applicants'').
---------------------------------------------------------------------------

    \1\ The requested order would supersede a previous order
obtained by the Applicants granting relief solely with respect to
Non-Affiliated Sub-Advisers (Delaware Management Business Trust, et
al., Investment Company Act Rel. Nos. 27512 (Oct. 10, 2006) (notice)
and 27547 (Nov. 7, 2006) (order) (``Prior Order''). If a Subadvised
Series has obtained shareholder approval to operate as such with
respect to Non-Affiliated Sub-Advisers only in the manner described
in this Application and has met all other terms and conditions of
the requested order, the Subadvised Series may rely on the order
requested in this Application solely with respect to Non-Affiliated
Sub-Advisers unless and until it obtains shareholder approval with
respect to Wholly-Owned Sub-Advisers.

Filing Dates:  The application was filed on December 23, 2015, and
---------------------------------------------------------------------------
amended on June 8, 2016 and October 25, 2016.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on January 13, 2017, and should be accompanied by proof of
service on the applicants, in the form of

an affidavit or, for lawyers, a certificate of service. Pursuant to
rule 0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by writing to the Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: One Commerce Square,
2005 Market Street, Philadelphia, PA 19103.

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

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to the
Subadvised Series pursuant to an investment advisory agreement with the
relevant Trust (each an ``Investment Management Agreement'').\2\ The
Adviser will provide the Funds with continuous and comprehensive
investment management services subject to the supervision of, and
policies established by, the board of trustees of the Trust
(``Board''). The Investment Management Agreement permits the Adviser,
subject to the approval of the Board, to delegate to one or more sub-
advisers (each, a ``Sub-Adviser'' and collectively, the ``Sub-
Advisers'') the responsibility to provide the day-to-day portfolio
investment management of each Subadvised Series, subject to the
supervision and direction of the Adviser.\3\ The primary responsibility
for managing each Subadvised Series will remain vested in the Adviser.
The Adviser will hire, evaluate, allocate assets to and oversee the
Sub-Advisers, including determining whether a Sub-Adviser should be
terminated, at all times subject to the authority of the Board.
---------------------------------------------------------------------------

    \2\ Applicants request relief with respect to the named
Applicants, as well as to any future series of the Trust and any
other existing or future registered open-end management investment
company or series thereof that: (a) Is advised by the Initial
Adviser or any entity controlling, controlled by, or under common
control with, the Initial Adviser or its successors (each, also an
``Adviser''); (b) uses the multi-manager structure described in the
application; and (c) complies with the terms and conditions set
forth in the application (each, a ``Subadvised Series''). For
purposes of the requested order, ``successor'' is limited to an
entity that results from a reorganization into another jurisdiction
or a change in the type of business organization.
    \3\ A ``Sub-Adviser'' for a Subadvised Series is (1) an indirect
or direct ``wholly owned subsidiary'' (as such term is defined in
the Act) of the Adviser for that Subadvised Series, or (2) a sister
company of the Adviser for that Subadvised Series that is an
indirect or direct ``wholly-owned subsidiary'' of the same company
that, indirectly or directly, wholly owns the Adviser (each of (1)
and (2) a ``Wholly-Owned Sub-Adviser'' and collectively, the
``Wholly-Owned Sub-Advisers''), or (3) not an ``affiliated person''
(as such term is defined in section 2(a)(3) of the Act) of the
Subadvised Series, except to the extent that an affiliation arises
solely because the Sub-Adviser serves as a sub-adviser to a
Subadvised Series (``Non-Affiliated Sub-Advisers'').
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Sub-Advisers, pursuant to Sub-
Advisory Agreements and materially amend existing Sub-Advisory
Agreements without obtaining the shareholder approval required under
section 15(a) of the Act and rule 18f-2 under the Act.\4\ Applicants
also seek an exemption from the Disclosure Requirements to permit a
Subadvised Series to disclose (as both a dollar amount and a percentage
of the Subadvised Series' net assets): (a) The aggregate fees paid to
the Adviser and any Wholly-Owned Sub-Adviser; (b) the aggregate fees
paid to Non-Affiliated Sub-Advisers; and (c) the fee paid to each
Affiliated Sub-Adviser (collectively, Aggregate Fee Disclosure'').
---------------------------------------------------------------------------

    \4\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Adviser, who is an affiliated person,
as defined in Section 2(a)(3) of the Act, of the Subadvised Series,
the Trust or of the Adviser, other than by reason of serving as a
sub-adviser to one or more of the Subadvised Series (``Affiliated
Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the Application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Subadvised Series shareholders and
notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Subadvised Series' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval,
while the role of the Sub-Advisers is substantially similar to that of
individual portfolio managers, so that requiring shareholder approval
of Sub-Advisory Agreements would impose unnecessary delays and expenses
on the Subadvised Series. Applicants believe that the requested relief
from the Disclosure Requirements meets this standard because it will
improve the Adviser's ability to negotiate fees paid to the Sub-
Advisers that are more advantageous for the Subadvised Series.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-30936 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Page 62780]
[FR Doc No: 2013-24629]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70617; File No. SR-MSRB-2013-06]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Withdrawal of Proposed Rule Change to Amend MSRB Rule
A-3, on Membership on the Board, To Modify the Standard of Independence
for Public Board Members

October 7, 2013.
    On July 3, 2013, the Municipal Securities Rulemaking Board
(``MSRB'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change consisting of amendments to MSRB Rule A-3 to
modify the standard of independence for public Board members. The
proposed rule change was published for comment in the Federal Register
on July 24, 2013.\3\ The Commission received nine comment letters on
the proposal.\4\ On September 6, 2013, pursuant to Section 19(b)(2) of
the Act,\5\ the MSRB granted an extension of time for the Commission to
act on the filing until October 22, 2013. The MSRB submitted a response
to comments on September 6, 2013.\6\ On October 4, 2013, the Exchange
withdrew the proposed rule change (SR-MSRB-2013-06).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 70004 (July 18, 2013),
78 FR 44607.
    \4\ See letters to Elizabeth M. Murphy, Secretary, Commission,
from Jeanine Rodgers Caruso, CIPFA, President, National Association
of Independent Public Finance Advisors, dated August 14, 2013;
Barbara Roper, Director of Investor Protection, Consumer Federation
of America, dated August 14, 2013; Kerry Korpi, Director of Research
and Collective Bargaining, American Federation of State, County and
Municipal Employees, dated August 14, 2013; Dustin T. McDonald,
Director, Federal Liaison Center, Government Finance Officers
Association, dated August 14, 2013; Americans for Financial Reform,
dated August 14, 2013; Lisa S. Good, Executive Director, National
Federation of Municipal Analysts, dated August 26, 2013; Gerald
Gold, dated September 4, 2013; Jeanine Rodgers Caruso, CIPFA,
President, National Association of Independent Public Finance
Advisors, dated September 12, 2013; and Dorothy Donohue, Deputy
General Counsel--Securities Regulation, Investment Company
Institute, dated September 18, 2013.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See letter to Elizabeth M. Murphy, Secretary, Commission,
from Gary L. Goldsholle, General Counsel, MSRB, dated September 6,
2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24629 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44075-44076]
[FR Doc No: 2011-18494]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64900; File No. SR-Phlx-2011-99]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
Phlx Options Rule 1080(m)

 July 18, 2011.
    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 July 13, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II 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.
---------------------------------------------------------------------------

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

    The Exchange proposes a rule change to amend PHLX Options Rule
1080(m) to make certain changes consistent with the upcoming
implementation of Rule 15c3-5 under the Act (the ``Market Access
Rule'').\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 240.15c3-5.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    On November 3, 2010, the Commission adopted the Market Access
Rule,\4\ pursuant to which, among other things, broker-dealers
providing market access are required to implement certain pre-order
entry checks in order to manage the financial, regulatory, and other
risks associated with providing its customers with market access. In
anticipation of the upcoming July 14, 2011 compliance date for the
Market Access Rule, the Exchange is proposing to amend PHLX Options
Rule 1080(m) to describe the manner in which the Exchange's affiliated
routing broker-dealer, NASDAQ Options Services (``NOS'') will handle
routable orders consistent with the Market Access Rule.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010).
---------------------------------------------------------------------------

    In order to comply with the Market Access Rule, NOS proposes to
implement, as part of the procedures of NOS, certain tests, on both an
order-by-order basis and over a short period of time, that are designed
to limit the financial exposure that could arise as a result of market
access and to ensure compliance with all regulatory requirements that
are applicable in connection with market access. Consistent with the
requirements of the Market Access Rule, these tests are designed to
reject orders that NOS deem to be erroneous or duplicative, would cause
the entering Member's credit exposure to exceed a preset credit
threshold, or are non-compliant with pre-trade regulatory requirements
(as defined in the Market Access Rule). To the extent NOS determine,
based on its procedures, that an order should be rejected, NOS may also
seek to cancel orders that have already been routed away.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\5\ In particular, the
proposed change is consistent with Section 6(b)(5) of the Act,\6\
because it would promote just and equitable principles of trade, and,
in general, protect investors and the public interest. The proposed
rule is consistent with the requirements of the Act because the change
is necessary for the Exchange's affiliated broker-dealer, NOS, to
comply with the Market Access Rule. The Exchange also believes that the
proposed changes will benefit Members of the Exchange because it
provides clarity on the procedures employed by NOS consistent with the
Market Access Rule.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
Phlx has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange notes that
waiving the 30-day operative delay will permit the Exchange's
affiliated broker-dealers, NOS, to comply with Rule 15c3-5 under the
Act by July 14, 2011; \11\ the compliance date for Rule 15c3-5. For
this reason, the Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest, and designates the proposed rule change to be operative upon
filing with the Commission.\12\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 17 CFR 240.15c3-5.
    \12\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-99. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2011-99 and should be
submitted on or before August 12, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-18494 Filed 7-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Proposed Rules]
[Page 60211-60212]
[DOCID:fr10oc08-25]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 158 and 161

[EPA-HQ-OPP-2008-0110; FRL-8383-6]

Data Requirements for Antimicrobial Pesticides; Notice of Public
Workshop

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public workshop.

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

SUMMARY: EPA is convening a public workshop to explain the provisions
of its recently proposed rule to update and revise the data
requirements for registration of antimicrobial pesticides. The workshop
is intended to provide an opportunity for members of the public to ask
questions about the proposed rule and seek any clarification they
believe may assist them in submitting comments to the docket for the
proposed rule. Any person wishing to comment on the proposed rule must
submit any comments to the docket within the timeframe set forth in the
Notice of Proposed Rulemaking.

DATES: The meeting will be held on November 6, 2008, from 8:30 a.m. to
4:00 p.m.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at the Office of Pesticide Programs
(OPP), First Floor Conference Center, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA 22202.
    To facilitate the Agency's planning, your intention to participate
in the Antimicrobials Workshop, may be submitted to the person listed
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are a producer of
pesticide products (NAICS code 32532), antifoulants (NAICS code 32551),
antimicrobial pesticides (NAICS code 32561) or wood preservatives
(NAICS code 32519), importers of such products, or any person or
company who seeks to register an antimicrobial, antifoulant coating,
ballast water treatment, or wood preservative pesticide or to obtain a
tolerance for such a pesticide. This listing is not intended to be
exhaustive, but rather provides a guide for readers regarding entities
likely to be affected by this action. Other types of entities not
listed above could also be affected. The North American Industrial
Classification System (NAICS) codes have been provided to assist you
and others in determining whether this action might apply to certain
entities. If you have any questions regarding the applicability of this
action to a particular entity, please contact Norm Cook, Chief of the
Risk Assessment and Science Support Branch in the Antimicrobials
Division of the Office of Pesticide Programs at<PHONE_NUMBER> or via
email<EMAIL_ADDRESS>
B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0110. Publicly available docket
materials are available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    EPA is convening a public workshop to explain the proposed
revisions to the data requirements for the registration of
antimicrobial pesticides. Under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act
(FFDCA), anyone seeking to register a pesticide product is required to
provide information to EPA to demonstrate that their products can be
used without posing ``unreasonable adverse effects on the environment''
as defined by FIFRA section 2(bb).
    The public workshop will include presentations by staff from the
Antimicrobial, and the Field and

External Affairs Divisions of the Office of Pesticide Programs. The
proposed revisions are directed at antimicrobial pesticides, not
conventional pesticides, biochemical and microbial pesticides or
product performance data requirements. Nonetheless, all interested
parties are welcome and may benefit from the discussions since two
areas not addressed in the conventional pesticide (72 FR 60934), or
biochemical and microbial pesticide (72 FR 60988) data requirements
final rules are addressed in the antimicrobial data requirements
proposed rule. These two areas are: down-the-drain data requirements
and the Program's use of structure-activity-relationship (SAR).
    During the workshop, persons in attendance will be able to ask
questions regarding the proposed rule and/or material being presented
and seek any clarification they believe may assist them in submitting
comments to the docket for the proposed rule. Any person wishing to
comment on the proposed rule must submit any comments to the docket
within the timeframe set forth in the Notice of Proposed Rulemaking for
the proposed rule.
    The proposed revisions were issued in the Federal Register of
October 8, 2008. A 90-day comment period will end on January 6, 2009. A
limited number of copies of the proposed rule will be available at the
workshop. Attendees are encouraged to access the electronic version of
the proposed rule from the regulations.gov website under Docket ID No.
EPA-HQ-OPP-2008-0110.

List of Subjects in 40 CFR Parts 158 and 161

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 17, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
[FR Doc. E8-24025 Filed 10-9-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Rules and Regulations]
[Page 49613-49616]
[DOCID:fr22au08-7]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-OAR-R04-2008-0512-200815 (a); FRL-8706-4]

Approval and Promulgation of Plans; North Carolina: Miscellaneous
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
State Implementation Plan (SIP) submitted by the North Carolina
Department of Environment and Natural Resources (NCDENR) on behalf of
the State of North Carolina on April 16, 2001, April 4, 2003, and
December 14, 2004. The purpose of these revisions is to require that
continuous emissions monitoring systems be used to determine
compliance; specify a 24-hour block averaging time for sulfur dioxide
emissions; make a correction to a cross-reference; provide options for
supplying missing data and for determining heat input; and make several
revisions to permit exemptions. This action is being taken pursuant to
section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective October 21, 2008 without
further notice, unless EPA receives adverse comment by September 22,
2008. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
R04-2008-0512 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-OAR-R04-2008-0512,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-OAR-R04-
2008-0512.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. 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 electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person 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 to 4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Ward can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Analysis of the State's Submittals
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is taking direct final action to approve multiple revisions for
several rules submitted by NCDENR on April 16, 2001, April 4, 2003, and
December 14, 2004. The revisions were submitted to update the SIP with
State rule changes. The rule changes support North Carolina's plan for
attainment and maintenance of the NAAQS. The rule changes now being
incorporated into the SIP are as follows:
    a. 15A North Carolina Administrative Code (NCAC) subchapter 2D,
section .0519, ``Emission Control Standards; Control of Nitrogen
Dioxide and Nitrogen Oxides'' (submitted December 14, 2004, and
effective January 1, 2005);
    b. 15A NCAC subchapter 2D, section .0606, ``Monitoring:
Recordkeeping: Reporting; Sources Covered by Appendix P of 40 CFR part
51'' (submitted April 16, 2001, April 4, 2003, and December 14, 2004,
and effective January 1, 2005);
    c. 15A NCAC subchapter 2D, section .0608, ``Monitoring/
Recordkeeping/Reporting; Other Large Coal or Residual Oil Burners''
(submitted April 16, 2001, April 4, 2003, and December 14, 2004, and
effective January 1, 2005);
    d. 15A NCAC subchapter 2D, section .1404, ``Nitrogen Oxides;
Recordkeeping: Reporting: Monitoring'' (submitted December 14, 2004,
and effective January 1, 2005); and
    e. 15A NCAC subchapter 2Q, section .0102, ``Air Quality Permits
Procedures; Activities Exempted from Permit Requirements'' (submitted
December 14, 2004, and effective January 1, 2005).

II. Analysis of State's Submittal

    The following analysis is in the order of the rules noted above.
    a. 15A NCAC, subchapter 2D, section .0519 is being revised to
remove an incorrect cross-reference in the paragraph which specifies
how to calculate the allowable emission limit for boilers that burn
both coal and oil or gas.
    b. and c. 15A NCAC, subchapter 2D, sections .0606 and .0608 are
being revised to require continuous emission monitoring systems (CEMS)
be used to determine compliance for sources covered by Appendix P of 40
CFR part 51 and other large coal or residual oil burners if these
sources are required to use CEMS under another State or federal rule
and to specify a 24-hour averaging time for sulfur dioxide emissions to
determine compliance. These rules were revised to provide facilities an
alternative method of sampling coal and fuel oil instead of sampling
each fuel shipment individually. This revision was made to improve the
quality of reported sulfur dioxide emissions estimates. The final
revision to these rules allow for a different procedure or methodology
other than those specified by sections .0606 and .0608 to be used if
certain conditions are met, specifying the procedures for requesting
these alternative methodologies and approval of the request to utilize
them. These rules currently contain specific procedures and
methodologies for how to monitor sulfur dioxide emissions for fossil
fuel-fired steam generators, nitric acid plants, sulfuric acid plants,
petroleum refineries, and other large coal or residual oil burners.
    d. 15A NCAC, subchapter 2D .1404 is being revised to include
options for supplying missing data and determining heat input. This
revision allows the owner or operator of the source to avoid having to
supply missing data if it can be documented that the source and its
control device were being properly operated when the monitoring
measurements are missing.
    e. 15A NCAC, subchapter 2Q .0102 is being revised to make changes
to several permit exemptions. Those permit exemptions pertain to
petroleum dry cleaners, small fuel combustion sources which primarily
combust wood, and emergency generators. Revisions to this section make
corrections to a cross-reference and typographical errors and also
includes a clarification that to qualify for the permit exemption, the
exempted sources at a facility must not be in violation of any
applicable emission standard.

III. Final Action

    EPA is taking direct final action to approve the aforementioned
revisions, specifically, subchapter 2D, sections .0519, .0606, .0608,
and .1404, and subchapter 2Q, section .0102 into the North Carolina
SIP. These revisions were submitted by NCDENR on April 16, 2001, April
4, 2003, and December 14, 2004.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 21, 2008
without further notice unless the Agency receives adverse comments by
September 22, 2008.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 21, 2008 and no
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 21, 2008. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: August 6, 2008.
Russell L. Wright, Jr.,
Acting Deputy Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart II--North Carolina

0
2. In Sec.  52.1770(c), table 1 is amended:
    (a) Under subchapter 2D by revising the entries for ``.0519 Control
of Nitrogen Dioxide and Nitrogen Oxides,'' ``.0606 Sources Covered by
Appendix P of 40 CFR Part 51,'' ``.0608 Other Large Coal or Residual
Oil Burners,'' ``.1404 Recordkeeping: Reporting: Monitoring''; and
    (b) Under subchapter 2Q by revising the entry for ``.0102
Activities Exempted from Permit Requirements'' to read as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State       EPA approval
        State citation          Title/subject   effective date       date                  Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect. 0519...................  Control of             01/01/05        08/22/08
                                Nitrogen
                                Dioxide and
                                Nitrogen
                                Oxides.

                                                  * * * * * * *
Sect. 0606...................  Sources Covered        01/01/05        08/22/08
                                by Appendix P
                                of 40 CFR part
                                51.

                                                  * * * * * * *
Sect. 0608...................  Other Large            01/01/05        08/22/08
                                Coal or
                                Residual Oil
                                Burners.

                                                  * * * * * * *
Sect. 1404...................  Recordkeeping:         01/01/05        08/22/08
                                Reporting:
                                Monitoring.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect. 0102...................  Activities             01/01/05        08/22/08
                                Exempted from
                                Permit
                                Requirements.

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

 [FR Doc. E8-19192 Filed 8-21-08; 8:45 am]

BILLING CODE 6560-50-P