  SEQ CHAPTER \h \r 1 FILE NAME:   Pytech.wpt   (9/08/06)

ATTENTION: All commodity terms must comply with the Food and Feed Commodity Vocabulary database (http://www.epa.gov/pesticides/foodfeed/).

COMPANY FEDERAL REGISTER DOCUMENT SUBMISSION TEMPLATE

(9/1/2002)

EPA Registration Division contact: [Marion Johnson (7505C), 703-305-6788]

INSTRUCTIONS:  Please utilize this outline in preparing tolerance petition documents.  In cases where the outline element does not apply please insert “NA-Remove” and maintain the outline.  The comment notes that appear on the left margin represent hidden typesetting codes designed to expedite the processing of the Federal Register document.  Please do not remove or alter these comment notes or change the margins, font, or format  in your document. Simply replace the instructions that appear in italics and brackets, i.e., “[insert company name],” with the information specific to your action.

Summary of Petitions

	EPA has received a request from [Pytech Chemicals GmbH], [9330 Zionsville Road, Indianapolis, IN 46268] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.438, section 3 by adding gamma-cyhalothrin to lambda-cyhalothrin. The residue definition under section 3 should read as follows:

(3) A food additive tolerance of 0.01 part per million is established for residue of the insecticide lambda-cyhalothrin ((S)-alpha-cyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoro prop-1-enyl)-2,1-dimethylcyclopropanecarboxylate and (R)-alpha-cyano-3-phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluorop rop-1-enyl)-2,2-dimethyl-cyclopropanecarboxylate), or the isolated active isomer gamma-cyhalothrin ((S)--cyano-3-phenoxybenzyl(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoripro penyl)-2,2-dimethyl cyclopropanecarboxylate).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition.  Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

. [Gamma-cyhalothrin relies on the metabolism data conducted on lambda-cyhalothrin, which has been thoroughly tested and is adequately understood.]

. [An adequate analytical method is available for enforcement purposes.]

. [Gamma-cyhalothrin, the isolated active isomer, will be applied at half the application rates of lambda-cyhalothrin.  Comparison studies of gamma-cyhalothrin versus lambda-cyhalothrin used on the representative crops of tomatoes, sweet corn, broccoli and cottonseed prove that the established tolerances for lambda-cyhalothrin will be sufficient to cover the potential residues of gamma-cyhalothrin.]

B. Toxicological Profile

.  [The acute oral LD50 was >50 mg/kg bw in male rats and 55 mg/kg bw in female rats, acute dermal LD50 was >1500 mg/kg bw in male rats and 1643 mg/kg bw in female rats and the 4 hr-LC50 for male rats was 40.2 mg/m3 and, for female rats, 28.2 mg/m3.]

.  [The following genotoxicity tests were all negative:

Salmonella- E.coli Reverse Mutation Assay, Mouse Bone Marrow Micronucleus Test, in vitro chromosomal aberration in rat lymphocytes and mouse lymphoma forward mutation assay.]

.  [A developmental toxicity study in rats given gavage doses of 0, 0.1, 0.5, and 2 mg/kg/day with no developmental toxicity observed under the conditions of the study. The developmental NOAEL is greater than 2 mg/kg/day, the highest dose tested. The maternal NOAEL and LOAEL are established at 0.5 and 2 mg/kg/day, respectively, based on reduced body weight, body weight gain and feed consumption.]

[A 90-day feeding study in rats fed doses of

0, 2.5, 10, 50 and 100 ppm with a NOAEL of 50 ppm and a LOAEL of 100 ppm based on mortality, decreased feed consumption, decreased body weights and increases relative liver and kidney weight at 100 ppm.]

. [Gamma-cyhalothrin, and lambda-cyhalothrin are contained within the chemical cyhalothrin.  Cyhalothrin consists of four isomers, lambda-cyhalothrin consists of two of these isomers and gamma-cyhalothrin is the single active isomer contained in both.  The chronic studies were conducted on cyhalothrin.]

. [NA-Remove.]

. [The Agency has previously determined that

the metabolites of lambda-cyhalothrin are not of toxicological concern

and need not be included in the tolerance expression. Given this

determination, it is concluded that there is no need to discuss

metabolite toxicity.]

.  [No studies have been conducted to investigate the potential of gamma-cyhalothrin to induce estrogenic or other endocrine effects.  However, no evidence of such effects has been noted in the battery of toxicity studies which have been conducted on cyhalothrin/lambda-cyhalothrin, and there is no reason to suspect that any such effects would be likely.]

C. Aggregate Exposure

The Agency has conducted an extensive assessment of the aggregate exposure for lambda-cyhalothrin.  Results are reported in the Federal Register: September 27, 2002 (Volume 67, Number 188, page 60902-60915).  In the Federal Register: April 8, 2004 (Volume 69, No. 68, page 18480) the Agency has also concluded that lambda-cyhalothrin’s risk assessment is sufficient to cover gamma-cyhalothrin.

. [NA-Remove]

.  [NA-Remove]

. [NA-Remove]

. [NA-Remove]

D. Cumulative Effects

	[For purposes of this request, it has been assumed that cyhalothrin (i.e. gamma-cyhalothrin and lambda-cyhalothrin) does not have a common mechanism of toxicity with other substances. ]

E. Safety Determination

[The Agency has conducted an extensive assessment of the aggregate exposure.  Results are reported in the Federal Register: September 27, 2002 (Volume 67, Number 188, page 60902-60915).]

. [NA-Remove]

. [NA-Remove]

F. International Tolerances

	[There are Codex maximum residue levels (MRL) established or pending

for residues of cyhalothrin, as the sum of all isomers, in or on the

following crops and commodities.

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

                   Crop                              MRL (mg/kg)

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

Apricots............................................  0.2

Cabbage, head.................................  0.2

Cherries............................................  0.2

Cotton seed......................................  0.02

Cotton seed, oil................................  0.02

Oil seed (including rapeseed oil)....  0.02

Peaches.............................................  0.2

Plums................................................ 0.1

Pome fruit........................................  0.1

Potatoes...........................................  0.02

Tree nuts (shelled and unshelled)..  0.05

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

    Canadian MRLs of 0.1 ppm for pome fruit, stone fruit and canola are

established in Canada for lambda-cyhalothrin based on the ``negligible''

residue clause of Canadian Food & Drug Act Regulations (B.15.002(1)).]

	DOW AGROSCIENCES CONFIDENTIAL - Do not share without permission

{<HD1>}

{<P>}

{<HD2>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<HD2>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<HD2>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<HD2>}

{<P>}

{<HD2>}

{<P>}

{<E T=’03'>}

{</E>}

{<P>}

{<E T=’03'>}

{</E>}

{<HD2>}

{<P>}


[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Rules and Regulations]
[Page 18172-18176]
[DOCID:fr03ap08-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-RO3-RCRA-2008-0256; FRL-8548-9]

Virginia: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: Virginia has applied to EPA for Final authorization of the
revisions of its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
revisions satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's revisions through this
immediate final action. EPA is publishing this rule to authorize the
revisions without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments that oppose this authorization during the
comment period, the decision to authorize Virginia's changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect and a separate document in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.

DATES: This Final authorization will become effective on June 2, 2008,
unless EPA receives adverse written comment by May 5, 2008. If EPA
receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. E-mail: Thomas UyBarreta<EMAIL_ADDRESS>    3. First Class or Overnight Mail: Thomas UyBarreta, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
    4. Hand Delivery or Courier. Deliver your comments to Thomas
UyBarreta, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region
III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    Instructions: We must receive your comments by May 5, 2008. Please
refer to Docket Number EPA-R03-RCRA-2008-0256. Do not submit
information that you consider to be Confidential Business Information
(CBI) or otherwise protected through regulations.gov, or e-mail. Such
comments should be sent via First Class or overnight mail. The Federal
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 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, even if you sent an e-
mail comment directly to EPA, 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.
    You can view and copy Virginia's application and associated
publicly available materials from 8:15 a.m. to 4:30 p.m., Monday
through Friday at the following locations: Virginia Department of
Environmental Quality,

Waste Division, 629 East Main Street, Richmond, VA 23219, Phone number:
(804) 698-4213, attn: Robert Wickline; and Virginia Department of
Environmental Quality, West Central Regional Office, 3019 Peters Creek
Road, Roanoke, VA 24019, Phone number:<PHONE_NUMBER>, attn: Aziz
Farahmand; and EPA Region Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number:<PHONE_NUMBER>. Interested
persons wanting to examine these documents should make an appointment
with the office at least five business days in advance.

FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Why are Revisions to State Programs Necessary?

    States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program is revised, States
must revise their programs and ask EPA to authorize the revisions.
Revisions to State programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must revise their programs because
of revisions to EPA's regulations in 40 Code of Federal Regulations
(CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Virginia's program revision application of October
10, 2007, to revise its authorized program meets all of the statutory
and regulatory requirements established by RCRA. Therefore, we grant
Virginia Final authorization to operate its hazardous waste program
with the revisions described in the authorization application, except
as described in Sections H. 1, 3, and 4 of this immediate final rule.
Virginia has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders and for carrying out the
aspects of the RCRA program described in its revised program
application, subject to the limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal regulations that EPA promulgates under
the authority of HSWA take effect in authorized States even before they
are authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in Virginia, including issuing permits,
until the State is granted authorization to do so.

C. What is the Effect of This Authorization Decision?

    The effect of this decision is that a facility in Virginia subject
to RCRA will have to comply with the authorized revised State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. While Virginia has enforcement responsibilities under
its State hazardous waste program for violations of such program, EPA
nevertheless retains its authority under RCRA sections 3007, 3008,
3013, and 7003, which include, among others, authority to:
     Take enforcement actions regardless of whether the State
has taken its own actions;
     enforce RCRA requirements and suspend or revoke permits;
and
     perform inspections, and require monitoring, tests,
analyses or reports.
    This action does not impose additional requirements on the
regulated community because the regulations for which Virginia is being
authorized by today's action are already effective, and are not changed
by today's action.

D. Why Wasn't There a Proposed Rule Before This Rule?

    EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.

E. What Happens If EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the revised State program on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
    If we receive comments that oppose only the authorization of a
particular revision to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
revisions that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.

F. What has Virginia Previously Been Authorized For?

    Initially, Virginia received final authorization to implement its
hazardous waste management program effective December 18, 1984 (49 FR
47391). EPA granted authorization for revisions to Virginia's
regulatory program effective August 13, 1993 (58 FR 32855); September
29, 2000 (65 FR 46607); June 20, 2003 (68 FR 36925); and July 10, 2006
(71 FR 27216).

G. What Revisions Are We Authorizing With This Action?

    On October 10, 2007, Virginia submitted a program revision
application, seeking authorization of revisions to its program in
accordance with 40 CFR 271.21. Virginia's revision application includes
various regulations that are equivalent to, and no less stringent than,
revisions to the Federal hazardous waste program, as published in the
Federal Register from July 1, 2004 through July 19, 2006, as well as
miscellaneous changes to its previously authorized program. We now make
an immediate final decision, subject to receipt of written comments
that oppose this action, that Virginia's hazardous waste program
revisions set forth in its October 10, 2007 application satisfy all of
the requirements necessary to qualify for final authorization except as
described in sections H. 1, 3, and 4 of this immediate final rule.
Therefore, EPA grants Virginia final authorization for the following
program revisions.
    Virginia seeks authority to administer the Federal requirements
that are listed in Table 1. Virginia incorporates by reference these
Federal provisions, in accordance with the dates specified in Title 9,
Virginia Administrative Code (9 VAC 20-60-18). Table 1 also lists
Virginia's requirements that are being recognized as no less stringent
than the analogous Federal requirements. The Virginia Waste Management
Act (VWMA), enacted by the 1986 session of Virginia's General Assembly
and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia,
forms the basis

of the Virginia program. The regulatory references are to Title 9,
Virginia Administrative Code (9 VAC) effective May 22, 2006.

        Table 1.--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of federal
     requirement (revision       Federal Register    Analogous Virginia
        checklists\1\)                                   authority
------------------------------------------------------------------------
                      RCRA Cluster XV,\2\ Non-HSWA
------------------------------------------------------------------------
National Environmental          69 FR 62217, 10/   Title 9, Virginia
 Performance Track Program;      25/04.             Code (9 VAC) Sec.
 Corrections, Checklist 204.                        Sec.   20-60-18 and
                                                    20-60-262 A.
------------------------------------------------------------------------
                          RCRA Cluster XV, HSWA
------------------------------------------------------------------------
Identification and Listing of   70 FR 9138, 2/24/  9 VAC Sec.  Sec.   20-
 Hazardous Waste; Dyes and/or    05.                60-18, 20-60-261 A,
 Pigments Production Wastes;                        and 20-60-268 A.
 Land Disposal Restrictions
 for Newly Identified Wastes;
 CERCLA Hazardous Substance
 Designation and Reportable
 Quantities; Designation of
 Five Chemicals as Appendix
 VIII Constituents; Addition
 of Four Chemicals to the
 Treatment Standards of F039
 and the Universal Treatment
 Standards, Checklist 206.
------------------------------------------------------------------------
                     RCRA Cluster XV, HSWA/Non-HSWA
------------------------------------------------------------------------
Modification of the Hazardous   70 FR 10776, 3/4/  9 VAC Sec.  Sec.   20-
 Waste Manifest System,          05.                60-18, 20-60-260 A,
 Checklist 207.                                     20-60-261 A, 20-60-
                                                    262 A, 20-60-263 A,
                                                    20-60-264 A, and 20-
                                                    60-265 A.
Testing and Monitoring          70 FR 34538, 6/14/ 9 VAC Sec.  Sec.   20-
 Activities; Final Rule:         05.                60-18, 20-60-260 A,
 Methods Innovation Rule and                        20-60-261 A, 20-60-
 SW-846 Final Update IIIB,                          264 A, 20-60-265 A,
 Checklist 208.                                     20-60-266 A, 20-60-
                                                    268 A, 20-60-270 A,
                                                    and 20-60-279 A.
Modification of the Hazardous   70 FR 35034, 6/16/ 9 VAC Sec.  Sec.   20-
 Waste Manifest System,          05.                60-18, 20-60-262 A,
 Checklist 207.                                     20-60-264 A, and 20-
                                                    60-265 A.
Methods Innovation Rule and SW- 70 FR 44150, 8/1/  9 VAC Sec.  Sec.   20-
 846 Update, Checklist 208.      05.                60-18, 20-60-261 A,
                                                    and 20-60-264 A.
------------------------------------------------------------------------
                       RCRA Cluster XVI, Non-HSWA
------------------------------------------------------------------------
Universal Waste Rule: Specific  70 FR 45508, 8/5/  9 VAC Sec.  Sec.   20-
 Provisions for Mercury          05.                60-18, 20-60-260 A,
 Containing Equipment,                              20-60-261 A, 20-60-
 Checklist 209.                                     264 A, 20-60-265 A,
                                                    20-60-270 A, and 20-
                                                    60-273 A.
Standardized Permit for RCRA    70 FR 53420, 9/8/  9 VAC Sec.  Sec.   20-
 Hazardous Waste Management      05.                60-18, 20-124 A, 20-
 Facilities, Checklist 210.                         260 A, 20-261 A, 20-
                                                    267 A, and 20-270 A.
Revision of Wastewater          70 FR 57769, 10/4/ 9 VAC Sec.  Sec.   20-
 Treatment Exemptions for        05.                60-18, and 20-60-261
 Hazardous Waste Mixtures,                          A.
 Checklist 211.
------------------------------------------------------------------------
                     RCRA Cluster XVI, HSWA/Non-HSWA
------------------------------------------------------------------------
National Emission Standards     70 FR 59402, 10/   9 VAC Sec.  Sec.   20-
 for Hazardous Air Pollutants:   12/05.             60-18, 20-60-260 A,
 Final Standards for Hazardous                      20-60-264 A, 20-60-
 Air Pollutants for Hazardous                       265 A, 20-60-266 A,
 Waste Combustors (Phase I                          and 20-60-270 A.
 Final Replacement Standards
 and Phase II), Checklist 212.
RCRA Burden Reduction           71 FR 16862, 4/4/  9 VAC Sec.  Sec.   20-
 Initiative, Checklist 213.      06.                60-18, 9 VAC 20-60-
                                                    260 A, 9 VAC 20-60-
                                                    261 A, 9 VAC 20-60-
                                                    264 A, 9 VAC 20-60-
                                                    265 A, 9 VAC 20-60-
                                                    266 A, 9 VAC 20-60-
                                                    268 A, 9 VAC 20-60-
                                                    270 A.
------------------------------------------------------------------------
                                  Other
------------------------------------------------------------------------
Identification and Listing of   70 FR 21153, 4/25/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste Final           05.                60-18, and 20-60-261
 Exclusion.                                         A.
Identification and Listing of   69 FR 56357, 9/21/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste.                04.                60-18, and 20-60-261
                                                    A.
Identification and Listing of   69 FR 60557, 10/   9 VAC Sec.  Sec.   20-
 Hazardous Waste.                12/04.             60-18 and 20-60-261
                                                    A.
Nonwaste waters from            70 FR 35032,6/16/  9 VAC Sec.  Sec.   20-
 Productions of Dyes,            05.                60-18, 20-60-261 A,
 Pigments, and Food, Drug, and                      and 20-60-268 A.
 Cosmetic Colorants.
Identification and Listing of   70 FR 42499, 7/25/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          05.                60-18, and 20-60-261
 Exclusion.                                         A.
Final Exclusion for             70 FR 44496, 8/3/  9 VAC Sec.  Sec.   20-
 Identification and Listing      05.                60-18, and 20-60-261
 Hazardous Waste.                                   A.
Site-Specific Treatment         70 FR 44505, 8/3/  9 VAC Sec.  Sec.   20-
 Variances for Heritage          05.                60-18, and 20-60-268
 Environmental Services LLC                         A.
 and Chemical Waste
 Management, Chemical
 Services, Inc.
Final Exclusion for             70 FR 49187, 8/23/ 9 VAC Sec.  Sec.   20-
 Identification and Listing      05.                60-18, and 20-60-261
 Hazardous Waste.                                   A.
Hazardous Waste Management      70 FR 51638, 8/31/ 9 VAC Sec.  Sec.   20-
 System; Identification and      05.                60-18, and 20-60-261
 Listing of Hazardous Waste;                        A.
 Final Amendment.

Identification and Listing of   70 FR 60217, 10/   9 VAC Sec.  Sec.   20-
 Hazardous Waste.                17/05.             60-18, and 20-60-261
                                                    A.
Identification and Listing of   70 FR 71002, 11/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Amendment.     25/05.             60-18 and 20-60-261
                                                    A.
Identification and Listing of   70 FR 71002, 11/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          25/05.             60-18 and 20-60-261
 Exclusion.                                         A.
Identification and Listing of   70 FR 76168, 12/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          23/05.             60-18 and 20-60-261
 Exclusion.                                         A.
Site-Specific Variance From     71 FR 6209, 2/7/   9 VAC Sec.  Sec.   20-
 the Land Disposal               06.                60-18 and 20-60-268
 Restrictions Treatment                             A.
 Standard for 1,3-
 Phenylenediamine (1,3-PDA).
Hazardous Waste Management      71 FR 9723, 2/27/  9 VAC Sec.  Sec.   20-
 System; Identification and      06.                60-18 and 20-60-261
 Listing of Hazardous Waste;                        A.
 Final Amendment.
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  revisions made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist States in developing their authorization
  applications and in documenting specific State analogs to the Federal
  Regulations. For more information see EPA's RCRA State Authorization
  web page at http://www.epa.gov/epaoswer/hazwaste/state.
\2\ A RCRA ``Cluster'' is a set of Revision Checklists for Federal
  rules, typically promulgated over a 12-month period starting on July 1
  and ending on June 30 of the following year.

H. Where Are the Revised Virginia Rules Different From the Federal
Rules?

1. Virginia Requirements That Are Broader in Scope Than the Federal
Program

    The Virginia hazardous waste program contains certain provisions
that are beyond the scope of the Federal program. Virginia's statutory
provision Sec.  10.1-1426 F, which is related to the Federal
Regulations at 40 CFR 261.5 and 261.4(b)(1), explains the requirements
allowing local or state agencies to collect hazardous waste from exempt
small quantity generators. The Virginia code is broader in scope
because there is not a corresponding part of the Federal program that
has such a restriction. These broader in scope provisions are not part
of the program being authorized by today's action. EPA cannot enforce
requirements that are broader in scope, although compliance with such
provisions is required by Virginia law.

2. Virginia Requirements That Are More Stringent Than the Federal
Program

    The Virginia hazardous waste program contains no new provisions
that are more stringent than those required by the RCRA program as
codified in the July 1, 2006 edition of title 40 of the Code of Federal
Regulations (CFR).

3. Virginia's Adoption of EPA's Site-Specific Delisting and Variance
Decisions

    In its regulations, Virginia has adopted EPA's decisions relative
to the site-specific delistings published between September 21, 2004
and February 27, 2006 (69 FR 56357, 69 FR 60557, 70 FR 21153, 70 FR
42499, 70 FR 44496, 70 FR 49187, 70 FR 51638, 70 FR 71002, 70 FR 71002,
70 FR 76168, 71 FR 9723), as well as the site specific treatment
variances from the Land Disposal Restrictions (LDR) treatment standards
published on August 3, 2005 (70 FR 44505) and February 7, 2006 (71 FR
6209). EPA today is not authorizing Virginia to delist wastes or to
grant treatment variances. With regard to waste delisted as a hazardous
waste by EPA, the authority of the Department of Environmental Quality
is limited to recognition of the waste as a delisted waste in Virginia,
and the supervision of waste management activities for the delisted
waste when the activities occur within the Commonwealth of Virginia.
Virginia is not authorized to delist wastes on behalf of the EPA, or to
otherwise administer any case decision to issue, revoke, or continue a
delisting of a waste by EPA. Similarly, while Virginia is recognizing
EPA's decision regarding the site-specific treatment variances, the
authority to grant such variances remains with the EPA.

4. EPA Is Not Authorizing Portions of the Uniform Hazardous Waste
Manifest Rule (70 FR 10776)

    Virginia has adopted the Uniform Hazardous Waste Manifest Rule (70
FR 10776, March 4, 2005) without exception; however, there are non-
delegable Federal functions addressed in that Rule. Specifically,
authority must be left with the federal government as set forth in 40
CFR 262.21, 262.60(e), 263.20(g)(4), 264.71(a)(3), and 265.71(a)(3). In
its incorporation by reference of 40 CFR Part 263, Virginia
appropriately does not substitute the term ``U.S. Customs Official''
that appears in 40 CFR 263.20(g)(4). As a result, this provision is
herein included in Virginia's authorized program. However, Virginia
must make the following modifications to its incorporation by reference
of 40 CFR parts 262, 264, and 265 in order to clarify that the
enforcement authority for the non-delegable provisions in those parts
remains with EPA:
     9 VAC 20-60-262 B must state that, at 40 CFR 262.21 and
262.60(e), ``EPA'' means the United States Environmental Protection
Agency, in order to maintain the Federal authority for the EPA Manifest
Registry functions and the notification requirements for imports of
hazardous waste;
     9 VAC 20-60-264 B must state that, at 40 CFR 264.71(a)(3),
``U.S. Environmental Protection Agency'' means the United States
Environmental Protection Agency, in order to maintain Federal authority
for the notification requirements for imports of hazardous waste;
     9 VAC 20-60-265 B must state that, at 40 CFR 265.71(a)(3),
the term ``U.S. Environmental Protection Agency'' means the United
States Environmental Protection Agency, in order to maintain the
Federal Authority for the notification requirements for imports of
hazardous waste.
    Because these provisions have not yet been amended, EPA is not
authorizing them at this time. EPA will authorize Virginia to
administer the above regulations after they are modified accordingly.

I. Who Handles Permits After the Authorization Takes Effect?

    After authorization, Virginia will issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits which EPA issued prior to the

effective date of this authorization until the timing and process for
effective transfer to the State are mutually agreed upon. EPA and
Virginia agree to coordinate the administration of permits in order to
maintain consistency.
    EPA will not issue any more new permits or new portions of permits
for the provisions included in this revised authorization after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Virginia is not yet
authorized.

J. How Does This Action Affect Indian Country (18 U.S.C. 115) in
Virginia?

    Virginia is not seeking authorization to operate the program on
Indian lands, since there are no Federally-recognized Indian lands in
Virginia.

K. What is Codification and Is EPA Codifying Virginia's Hazardous Waste
Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart VV for this authorization of Virginia's
revised program until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify 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
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action would not significantly or uniquely affect the communities of
Tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). In any case, Executive Order 13175 does not apply to
this rule since there are no Federally recognized tribes in Region 3.
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks that may disproportionately affect
children. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. 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. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
    The Congressional Review Act, 5 U.S.C. 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 document 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 in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. Although
this action is not a ``major rule'' as defined by 5 U.S.C. 804(2), this
action will be effective June 2, 2008.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 18, 2008.
William T. Wisniewski,
Acting Regional Administrator, EPA Region III.
 [FR Doc. E8-6724 Filed 4-2-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Notices]
[Page 11348-11349]
[DOCID:fr13mr07-43]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1 March 7, 2007.

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-64-000.
    Applicants: RC Cape May Holdings, LLC; EIF B.L. England, LLC.
    Description: RC Cape May Holdings, LLC and EIF BL England, LLC
submit a joint application for authorization under section 202 of the
FPA.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0235.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER98-1643-010.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Co submits a notice of
change in status regarding the construction of a 400 MW natural gas-
fired combined cycle combustion turbine plant pursuant to FERC's order
issued 2/10/05.
    Filed Date: 3/1/2007.
    Accession Number: 20070306-0214.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 22, 2007.

    Docket Numbers: ER00-3562-004.
    Applicants: Calpine Energy Services L.P.
    Description: Calpine Energy Services, LP submits an amendment to
its Rate Schedule FERC 1, Revised Sheets 3, 4, and 5 of the Second
Revised Rate Schedule 1.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0140.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 14, 2007.

    Docket Numbers: ER01-2214-008.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc submits a refund report related
to required refunds for penalty revenues collected pursuant to Schedule
4 of its OATT.
    Filed Date: 3/1/2007.
    Accession Number: 20070306-0274.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 22, 2007.

    Docket Numbers: ER01-2217-006.
    Applicants: Sunrise Power Company.
    Description: Sunrise Power Company LLC submits a notice of change
in status to inform the Commission of its pending indirect affiliation
with LS Power Development, LLC and its jurisdictional holding company
etc.
    Filed Date: 2/28/2007.
    Accession Number: 20070306-0209.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 21, 2007.

    Docket Numbers: ER04-925-015.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Merrill Lynch Commodities, Inc submits a non-material
change in the characteristics relied upon in granting them market-based
rate authorization.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER06-313-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits a compliance filing pursuant to FERC's order dated 2/7/06.
    Filed Date: 3/1/2007.
    Accession Number: 20070306-0208.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 22, 2007.

    Docket Numbers: ER06-451-020.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits its Substitute
Original Sheet 756 to FERC Electric Tariff, Fourth Revised Volume 1
pursuant to FERC's 1/31/07 letter order.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0205.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER06-731-005.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits amendments to its 1/22/07 filing regarding the Broad
Constrained Area Mitigation pursuant to FERC's 12/21/06 Order.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0206.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER06-1463-003.
    Applicants: The Empire District Electric Company.
    Description: The Empire District Electric Company submits First
Revised Sheet 35A to FERC Electric Tariff, Original Volume 2 in
compliance with the Commission's 1/31/06 Order.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0201.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER06-1471-002.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits its Sub First Revised
Sheets 134A-134B, Schedule 4A (Reserve Sharing Energy Charges) of its
FERC Electric Tariff, Second Revised Volume 5.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0281.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.
    Docket Numbers: ER07-319-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revisions to its
OATT pursuant to the Commission's order issued on 1/31/07.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-550-001.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
submits an Addendum to its electric tariff filing to reflect Ancillary
Services Markets filed on 2/15/07 under ER07-550.
    Filed Date: 3/1/2007.
    Accession Number: 20070306-0215.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-552-001.
    Applicants: Hudson Bay Energy Solutions LLC.
    Description: Hudson Bay Energy Solutions LLC submits supplemental
information in support of its application filed on 2/16/07.
    Filed Date: 3/1/2007.
    Accession Number: 20070306-0207.
    Comment Date: 5 p.m. Eastern Time on Monday, March 12, 2007.

    Docket Numbers: ER07-582-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits Second
Revised Schedule 136, Form of Distribution Facilities Agreement--
Electric Standby Service etc.
    Filed Date: 3/2/2007.
    Accession Number: 20070305-0188.

    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-585-000.
    Applicants: Niagara Generation, LLC.
    Description: Niagara Generation, LLC submits a change in status
with respect to the characteristics upon which the Commission relied in
granting its market-based rate authority and a notice of succession.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0138.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-588-000.
    Applicants: Bangor Hydro-Electric Company.
    Description: Bangor Hydro-Electric Company submits revised tariff
sheets requesting FERC's approval of its proposed accounting treatment
of certain deferred interim regional transmission organization
formation costs.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0213.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-589-000.
    Applicants: Citigroup Energy Canada ULC.
    Description: Citigroup Energy Canada ULC submits a petition for
order accepting market-based rate schedule for filing and granting
waivers and blanket approvals.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0210.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-591-000.
    Applicants: Exel Power Sources, LLC.
    Description: Exel Power Sources, LLC submits a Petition for
acceptance of initial tariff, waivers and blanket authority.
    Filed Date: 2/28/2007.
    Accession Number: 20070306-0211.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 21, 2007.

    Docket Numbers: ER07-592-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits two
proposed modifications to the Standard Large Facility Interconnection
Procedures contained in Attachment X to the NYISO OATT.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0218.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.

    Docket Numbers: ER07-593-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
counterpart signature pages of the New England Power Pool Agreement
dated as of September 1, 1971 etc.
    Filed Date: 2/28/2007.
    Accession Number: 20070306-0217.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 21, 2007.

    Docket Numbers: ER07-595-000.
    Applicants: NSTAR Electric Company.
    Description: NSTAR Electric Company submits a First Amendment to
the Distribution Services Agreement w/ Massachusetts Bay Transportation
Authority and a Second Amendment to the Interconnection Agreement etc.
    Filed Date: 3/2/2007.
    Accession Number: 20070306-0204.
    Comment Date: 5 p.m. Eastern Time on Friday, March 23, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4494 Filed 3-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75718-75719]
[FR Doc No: 2010-30429]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63391; File No. SR-FINRA-2010-063]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Extend to July 16, 2011, the Pilot Period for
FINRA Rule 4240 (Margin Requirements for Credit Default Swaps)

November 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 22, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by FINRA. FINRA
has designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. 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.
    \3\ 17 CFR 240.19b 4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to extend to July 16, 2011, FINRA Rule 4240
(Margin Requirements for Credit Default Swaps) on an interim pilot
program basis. FINRA Rule 4240, as approved by the SEC on May 22, 2009,
will expire on November 30, 2010. The rule implements an interim pilot
program with respect to margin requirements for transactions in credit
default swaps executed by a member (regardless of the type of account
in which the transaction is booked), including those in which the
offsetting matching hedging transactions are effected by the member in
credit default swap contracts that are cleared through the central
counterparty clearing services of the Chicago Mercantile Exchange.
    The text of the proposed rule change is below. Proposed new
language is underlined; proposed deletions are in brackets:
* * * * *

4000. FINANCIAL AND OPERATIONAL RULES

* * * * *

4200. MARGIN

* * * * *

4240. Margin Requirements for Credit Default Swaps

    (a) Effective Period of Interim Pilot Program.
    This Rule establishes an interim pilot program (``Interim Pilot
Program'') with respect to margin requirements for any transactions
in credit default swaps executed by a member (regardless of the type
of account in which the transaction is booked), including those in
which the offsetting matching hedging transactions (``matching
transactions'') are effected by the member in contracts that are
cleared through the central counterparty clearing services of the
Chicago Mercantile Exchange (``CME''). The Interim Pilot Program
shall automatically expire on [November 30, 2010] July 16, 2011. For
purposes of this Rule, the term ``credit default swap'' (``CDS'')
shall mean any ``eligible credit default swap'' as defined in
Securities Act Rule 239T(d), as well as any other CDS that would
otherwise meet such definition but for being subject to individual
negotiation, and the term ``transaction'' shall include any ongoing
CDS position.
    (b) through (e) No Change.
    * * * Supplementary Material:
    .01 No Change.
* * * * *

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

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

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

1. Purpose
    On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which
implements an interim pilot program (the ``Interim Pilot Program'')
with respect to margin requirements for transactions in credit default
swaps (``CDS'') executed by a member (regardless of the type of account
in which the transaction is booked), including those in which the
offsetting matching hedging transactions are effected by the member in
credit default swap contracts that are cleared through the central
counterparty clearing services of the Chicago Mercantile Exchange
(``CME''). On September 21, 2009, FINRA extended the implementation of
Rule 4240 to November 30, 2010.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59955 (May 22,
2009), 74 FR 25586 (May 28, 2009) (Notice of Approval of Proposed
Rule Change; File No. SR-FINRA-2009-012) (``Approval Order'').
    \5\ See Securities Exchange Act Release No. 60722 (September 25,
2009), 74 FR 50856 (October 1, 2010) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change; File No. SR-FINRA-2009-063).
---------------------------------------------------------------------------

    As explained in the Approval Order, FINRA Rule 4240 is intended to
be coterminous with certain Commission actions intended to address
concerns arising from systemic risk posed by CDS, including, among
others, risks to the financial system arising from the lack of a
central clearing counterparty to clear and settle CDS.\6\ Recently, the
Commission has determined to extend the period for which certain of
these actions are in effect.\7\ FINRA believes it

is appropriate to extend the implementation of the Interim Pilot
Program accordingly, to July 16, 2011.\8\
---------------------------------------------------------------------------

    \6\ See 74 FR 25588 through 25589. In early 2009 the Commission
enacted interim final temporary rules (the ``interim final temporary
rules'') providing enumerated exemptions under the Federal
securities laws for certain CDS to facilitate the operation of one
or more central clearing counterparties in such CDS. See Securities
Act Release No. 8999 (January 14, 2009), 74 FR 3967 (January 22,
2009) (Temporary Exemptions for Eligible Credit Default Swaps To
Facilitate Operation of Central Counterparties To Clear and Settle
Credit Default Swaps); Securities Act Release No. 9063 (September
14, 2009) (Extension of Temporary Exemptions for Eligible Credit
Default Swaps To Facilitate Operation of Central Counterparties To
Clear and Settle Credit Default Swaps). See also Securities Exchange
Act Release No. 59578 (March 13, 2009), 74 FR 11781 (March 19, 2009)
(Order Granting Temporary Exemptions in Connection with Request of
Chicago Mercantile Exchange Inc. and Citadel Investment Group,
L.L.C. Related to Central Clearing of Credit Default Swaps);
Securities Exchange Act Release No. 59165 (December 24, 2008), 74 FR
133 (January 2, 2009) (Order Granting Temporary Exemptions for
Broker-Dealers and Exchanges Effecting Transactions in Credit
Default Swaps).
    \7\ See Securities Act Release No. 9158 (November 19, 2010), 75
FR 72260 (November 26, 2009) (Extension of Temporary Exemptions for
Eligible Credit Default Swaps To Facilitate Operation of Central
Counterparties To Clear and Settle Credit Default Swaps).
    \8\ See Exhibit 5.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change immediately. The proposed rule change will expire on July 16,
2011. FINRA is proposing to implement the proposed rule change on
November 30, 2010.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
further the purposes of the Act because, consistent with the goals set
forth by the Commission when it adopted the interim final temporary
rules with respect to the operation of central counterparties to clear
and settle CDS, the margin requirements set forth by the proposed rule
change will help to stabilize the financial markets.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is 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

    Written comments were neither solicited nor 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 Section 19(b)(3)(A) of the Act \10\ and Rule 19b
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    FINRA requests that the Commission waive the five-day pre-filing
notice requirement specified in Rule 19b-4(f)(6)(iii) under the
Act.\12\ FINRA proposes to make the proposed rule change operative on
November 30, 2010.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of 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. The Commission has waived the five-day pre-filing
period in this case.
---------------------------------------------------------------------------

    FINRA has requested that the Commission waive the 30-day operative
delay, so that the proposed rule change may become operative upon
filing. The Commission hereby grants FINRA's request and believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest.\13\ This will allow the existing
pilot program to continue without interruption and extend the benefits
of a pilot program that the Commission approved and previously
extended. For these reasons, the Commission designates the proposed
rule change as effective and operative on November 30, 2010.
---------------------------------------------------------------------------

    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 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-FINRA-2010-063 on the subject line.

Paper Comments

     Send paper comments in triplicate Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2010-063. 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 FINRA.
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-FINRA-2010-063
and should be submitted on or before December 27, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30429 Filed 12-3-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 5, 2006 (Volume 71, Number 107)]
[Notices]
[Page 32336]
[DOCID:fr05jn06-44]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-349-000]

CenterPoint Energy Gas Transmission Company; Notice of Request
Under Blanket Authorization

May 30, 2006.
    Take notice that on May 24, 2006, CenterPoint Energy Gas
Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas
77002-5231, filed in Docket No. CP06-349-000, a request pursuant to
sections 157.205 and 157.216 of the Commission's Regulations under the
Natural Gas Act (18 CFR 157.205 and 157.216) for authorization to
abandon certain facilities in the State of Texas, under CEGT's blanket
certificate issued in Docket Nos. CP82-384-000 and 001 pursuant to
section 7(c) of the Natural Gas Act, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,

(202) 502-8659.
    CEGT proposes to abandon, by sale and transfer, certain above-
ground facilities that are currently a part of various CEGT delivery
point facilities in the State of Texas as described more fully in the
request. CEGT further proposes to sell and transfer these facilities to
CenterPoint Energy Texas Gas (Texas Gas), a distribution division of
CenterPoint Energy Gas Resources Corp, d/b/a, at the estimated net book
value, which as of December 31, 2005 is $19,697. CEGT states that no
services would be abandoned as a result of the proposed sale and
transfer. Texas Gas, it is said, would own and operate these facilities
as part of its distribution system.
    Any person or the Commission's Staff may, within 45 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR
157.205) a protest to the request. If no protest is filed within the
time allowed therefore, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request shall be treated as
an application for authorization pursuant to section 7 of the NGA.
    Any questions regarding this application should be directed to
Lawrence O. Thomas, Director--Rates & Regulatory, CenterPoint Energy
Gas Transmission Company, P.O. Box 21734, Shreveport, Louisiana 71151,
or call<PHONE_NUMBER> or fax<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E6-8667 Filed 6-2-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Notices]
[Page 22960]
[FR Doc No: 2014-09454]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9909-27-OEI]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et. Seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Courtney Kerwin<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>and please refer to the appropriate
EPA Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 1663.08; Compliance Assurance Monitoring Program
(Renewal); 40 CFR part 64; was approved on 03/28/2014; OMB Number 2060-
0376; expires on 03/31/2017; Approved with change.
    EPA ICR Number 2227.04; NSPS for Stationary Spark Ignition Internal
Combustion Engines (Renewal); 40 CFR part 60, subparts A and JJJJ; was
approved on 03/28/2014; OMB Number 2060-0610; expires on 03/31/2017;
Approved without change.
    EPA ICR Number 1569.08; Approval of State Coastal Nonpoint
Pollution Control Programs (Renewal); 15 CFR part 923; was approved on
03/28/2014; OMB Number 2040-0153; expires on 03/31/2017; Approved
without change.
    EPA ICR Number 1080.14; NESHAP for Benzene Emission from Benzene
Storage Vessels and Coke By Product Recovery Plants (Renewal); 40 CFR
part 61, subparts A, L, and Y; was approved on 03/28/2014; OMB Number
2060-0185; expires on 03/31/2017; Approved without change.
    EPA ICR Number 2383.03; NESHAP for Gold Mine Ore Processing
(Renewal); 40 CFR parts 63 and 40, subparts A and EEEEEEE; was approved
on 03/28/2014; OMB Number 2060-0659; expires on 03/31/2017; Approved
without change.
    EPA ICR Number 2369.03; NSPS for Sewage Sludge Incinerators
(Renewal); 40 CFR part 60, subparts A and LLLL; was approved on 03/28/
2014; OMB Number 2060-0658; expires on 03/31/2017; Approved without
change.
    EPA ICR Number 2457.02; NESHAP for Group IV Polymers and Resins
(Final Rule); 40 CFR part 63 subpart JJJ; was approved on 03/27/2014;
OMB Number 2060-0682; expires on 03/31/2017; Approved without change.
    EPA ICR Number 2484.02; Willingness To Pay for Santa Cruz River
Management Options in Southern Arizona (Change); was approved on 03/06/
2014; OMB Number 2080-0080; expires on 02/28/2015; Approved without
change.
    EPA ICR Number 0234.11; Performance Evaluation Studies on
Wastewater Laboratories (Renewal); was approved on 03/04/2014; OMB
Number 2080-0021; expires on 03/31/2017; Approved with change.
    EPA ICR Number 1808.07; Environmental Impact Assessment of
Nongovernmental Activities in Antarctica (Renewal); 40 CFR part 8; was
approved on 03/04/2014; OMB Number 2020-0007; expires on 03/31/2017;
Approved without change.
    EPA ICR Number 1136.11; NSPS for VOC Emissions from Petroleum
Refinery Wastewater Systems (Renewal); 40 CFR part 60 subparts A and
QQQ; was approved on 03/04/2014; OMB Number 2060-0172; expires on 03/
31/2017; Approved without change.

Comment Filed

    EPA ICR Number 1807.06; NESHAP for Pesticide Active Ingredient
Production (Proposed Rule); 40 CFR part 63 subparts A and MMM; OMB
filed comment on 03/28/2014.
    EPA ICR Number 2443.01; NSPS for Residential Masonry Heaters
(Proposed Rule); 40 CFR part 60 subparts A and RRRR; OMB filed comment
on 03/06/2014.
    EPA ICR Number 2442.01; NSPS for New Residential Hydronic Heaters
and Forced-Air Furnaces (Proposed Rule); 40 CFR part 60 subparts A and
QQQQ; OMB filed comment on 03/06/2014.

    Dated: April 16, 2014.
Erin Collard,
Acting Director, Collections Strategies Division.
[FR Doc. 2014-09454 Filed 4-24-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Page 46672]
[FR Doc No: 2017-21570]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0909]

Special Local Regulations; Marine Events Within the Fifth Coast
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce special local regulations for the
Swim the Loop and Motts Channel Sprint on October 7, 2017, to provide
for the safety of life on navigable waterways during this event. Our
regulation for marine events within the Fifth Coast Guard District
identifies the regulated area for this event in Wrightsville Beach, NC.
During the enforcement periods, the operator of any vessel in the
regulated area must comply with directions from the Patrol Commander or
any Official Patrol displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 100.501 will be enforced for the Swim
the Loop and Motts Channel Sprint regulated area listed in item d.1 in
the Table to Sec.  100.501 from 9:30 a.m. to noon on October 7, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, contact Petty Officer Matthew Tyson, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  The Coast Guard will enforce special local
regulations in 33 CFR 100.501 for the Swim the Loop and Motts Channel
Sprint regulated area from 9:30 a.m. to noon on October 7, 2017. This
action is being taken to provide for the safety of life on navigable
waterways during this event. Our regulation for marine events within
the Fifth Coast Guard District, Sec.  100.501, specifies the location
of the regulated area for the Swim the Loop and Motts Channel Sprint
which encompasses portions of Motts Channel, Banks Channel, Lee's Cut,
and the Atlantic Intracoastal Waterway. During the enforcement periods,
as reflected in Sec.  100.100(c), if you are the operator of a vessel
in the regulated area you must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.
    This notice of enforcement is issued under authority of Sec.
100.100(f) and 5 U.S.C. 552(a). In addition to this notice of
enforcement in the Federal Register, the Coast Guard plans to provide
notification of this enforcement period via a Broadcast Notice to
Mariners.

    Dated: October 2, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. 2017-21570 Filed 10-5-17; 8:45 am]
 BILLING CODE 9110-04-P