1 Dan Gilligan < dgilligan@ pmaa. org> 11/ 13/ 2003 03: 02 PM Please respond to " dgilligan@ pmaa. org"

To: Jeff Herzog/ AA/ USEPA/ US@ EPA cc: Subject: RE: Suggested revision to proposed heating oil marker requirement Hi Jeff.... Several industry rep's discussed the marker concepts again this morning on a conference call. I think you will be getting some comments from Andrea Grant and Mike Liester to consider. The PADD 1 concept suggested by John Huber does have potential but it may create new complications. I am going to sit tight for a few days and let Andrea and Mike get their ideas to you.

Thanks again for giving this your best analysis.

Dan Gilligan PMAA  Original Message From: Herzog. Jeff@ epamail. epa. gov [ SMTP: Herzog. Jeff@ epamail. epa. gov] Sent: Wednesday, November 12, 2003 3: 32 PM To: Andrea. Grant@ piperrudnick. com; ddoane@ ilta. org; dgilligan@ pmaa. org; LidiakP@ api. org; MELeister@ MAPLLC. com; Charlie_ Drevna@ npradc. org; BBrown@ ColPipe. com; MJoy@ AOPL. com; GScott@ colliershannon. com Cc: jhuber@ nora oilheat. org; JScandola@ buckeye. com Subject: Suggested revision to proposed heating oil marker requirement Gentlefolk, I have been exploring the idea raised by industry of excluding parts of PADD 1 from the proposed heating oil marker requirements ( for 2007 2010) a bit further.

Under such an approach:  Terminals in the exclusion area would not be required to add the marker to heating oil.  Terminals outside of the area would be required to add the marker to heating oil.  No high sulfur (> 500 ppm) small refiner or credit NRLM could be used in the exclusion area. All high sulfur fuel (> 500 ppm) would be for use as heating oil only. 2 John Huber of NORA also suggested such an approach in written comments that he filed to the NR rule docket this week. I think that we might also have to put in place some restrictions on bulk shipments ( by pipeline and barge) of unmarked heating oil out of the exclusion area. Its currently unclear to me whether we would also need to put in place restrictions on the shipment by truck of unmarked heating oil out of the exclusion area.

If we were to take such an approach, my initial evaluation suggests that the following area might be the best fit wrt to reducing the potential costs of the proposed heating oil marker requirement while maintaining the potential benefits of the proposed small refiner and credit provisions: >>>> No marker would required in heating oil ( and no high sulfur small refiner and credit NRLM fuel) in PADDs 1A and 1B except the area in PADDs 1A and 1B which also belongs to " Appalachian No. 1" ( i. e. Western NY, and PA, and West Virginia).

Any thoughts?

I also asked Jim Scandola ( of Buckeye pipeline) and John Huber for their input. Feel free to respond by e mail or to give me a call. I plan to docket any exchange of e mails on the subject. Please don't read too much into this. We just want to flesh the idea out so we can evaluate it fully.

Best Regards Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57840-57841]
[FR Doc No: 2015-24430]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4239-DR; Docket ID FEMA-2015-0002]

Kentucky; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4239-DR), dated August 12, 2105,
and related determinations.

DATES: Effective Date: September 16, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of August 12, 2015.

Leslie County for Individual Assistance (already designated for
Public Assistance).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-24430 Filed 9-24-15; 8:45 am]
 BILLING CODE 9111-23-P


tribal officials. We note that although eligible tribes may seek EPA
approval of relevant tribal programs under the CAA, none of the
affected tribes will be required to submit an implementation plan as a
result of this reclassification.
---------------------------------------------------------------------------

    \250\ We sent letters dated January 22, 2020 to tribal officials
offering government-to-government consultation.
---------------------------------------------------------------------------

VIII. Summary of Proposed Actions and Request for Public Comment

    Under CAA section 110(k)(3), the EPA is proposing to approve the
following elements of the 2016 PM2.5 Plan submitted by
California to address the CAA's Moderate area planning requirements for
the 2012 PM2.5 NAAQS in the South Coast nonattainment area:
    1. The 2012 base year emissions inventories as meeting the
requirements of CAA section 172(c)(3);
    2. the reasonably available control measures/reasonably available
control technology demonstration as meeting the requirements of CAA
sections 172(c)(1) and 189(a)(1)(C);
    3. the demonstration that attainment by the Moderate area
attainment date of December 31, 2021 is impracticable as meeting the
requirements of CAA section 189(a)(1)(B)(ii);
    4. the reasonable further progress demonstration as meeting the
requirements of CAA section 172(c)(2);
    5. the quantitative milestones as meeting the requirements of CAA
section 189(c);
    6. the motor vehicle emissions budgets for 2019 and 2022 as shown
in Table 8 of this proposed rule because they are derived from an
approvable RFP demonstration and meet the requirements of CAA section
176(c) and 40 CFR part 93, subpart A; and
    7. the SCAQMD's commitments to adopt and implement specific rules
and measures in accordance with the schedule provided in Chapter 4 of
the 2016 PM2.5 Plan to achieve the emission reductions shown
therein, and to submit these rules and measures to CARB for transmittal
to the EPA as a revision to the SIP, as stated on page 9 of SCAQMD
Governing Board Resolution 17-2.
    The EPA is also proposing to conditionally approve the contingency
measure element of the 2016 PM2.5 Plan as meeting the
requirements of CAA section 172(c)(9) for the 2006 PM2.5
NAAQS and the 2012 PM2.5 NAAQS.
    Finally, pursuant to CAA section 188(b)(1), the EPA is proposing to
reclassify the South Coast PM2.5 nonattainment area,
including reservation areas of Indian country and any other area where
the EPA or a tribe has demonstrated that a tribe has jurisdiction
within the South Coast area, as Serious nonattainment for the 2012
PM2.5 standard based on the agency's determination that the
South Coast area cannot practicably attain the standard by the Moderate
area attainment date of December 31, 2021. Upon final reclassification
as a Serious area, California will be required to submit, within 18
months after the effective date of the reclassification, provisions to
assure that BACM shall be implemented no later than 4 years after the
date of reclassification. California will also be required to submit,
by December 31, 2023, a Serious area plan that satisfies the
requirements of part D of title I of the Act. This plan must include a
demonstration that the South Coast area will attain the 2012
PM2.5 standard as expeditiously as practicable but no later
than December 31, 2025, or by the most expeditious alternative date
practicable and no later than December 31, 2030, in accordance with the
requirements of CAA sections 189(b) and 188(e).
    We note that the 2016 PM2.5 Plan submitted on April 27,
2017, includes a Serious area attainment demonstration, an emissions
inventory, attainment-related plan elements, and BACM/BACT provisions,
which the EPA intends to evaluate and act on through subsequent
rulemakings, as appropriate.
    In addition, because the EPA is proposing to similarly reclassify
reservation areas of Indian country and any other area of Indian
country where the EPA or a tribe has demonstrated that the tribe has
jurisdiction within the South Coast PM2.5 nonattainment area
as Serious nonattainment for the 2012 PM2.5 standard,
consistent with our proposed reclassification of the surrounding non-
Indian country lands, the EPA has invited consultation with interested
tribes concerning this issue. Although eligible tribes may seek the
EPA's approval of relevant tribal programs under the CAA, none of the
affected tribes will be required to submit an implementation plan as a
result of this reclassification.
    We will accept comments from the public on these proposals for the
next 30 days. The deadline and instructions for submission of comments
are provided in the DATES and ADDRESSES sections at the beginning of
this preamble.

IX. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air

Act. Accordingly, this proposed action merely proposes to approve, or
conditionally approve, state plans as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, Particulate
matter.

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

     Dated: June 5, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-12690 Filed 7-1-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Rules and Regulations]
[Pages 50913-50915]
[FR Doc No: 2011-20865]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1211]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Baldwin.......................  City of Gulf Shores    June 10, 2011; June   The Honorable Robert S.    June 6, 2011...................       015005
                                     (11-04-1670P).         17, 2011; The         Craft Mayor, City of
                                                            Islander.             Gulf Shores P.O. Box 299
                                                                                Gulf Shores, AL 36547.
    Baldwin.......................  City of Orange Beach   June 22, 2011; June   The Honorable Tony Kennon  June 14, 2011..................       015011
                                     (11-04-4328P).         29, 2011; The         Mayor, City of Orange
                                                            Islander.             Beach 4099 Orange Beach
                                                                                Boulevard, Orange Beach,
                                                                                AL 36561.
    Madison.......................  City of Huntsville     June 30, 2011; July   The Honorable Tommy        November 4, 2011...............       010153
                                     (10-04-7544P).         7, 2011; The          Battle, Mayor, City of
                                                            Huntsville Times.     Huntsville, 308 Fountain
                                                                                Circle, P.O. Box 308,
                                                                                Huntsville, AL 35801.
    Madison.......................  City of Huntsville     June 22, 2011; June   The Honorable Tommy        October 27, 2011...............       010153
                                     (10-04-7862P).         29, 2011; The         Battle, Mayor, City of
                                                            Huntsville Times.     Huntsville, 308 Fountain
                                                                                Circle, P.O. Box 308,
                                                                                Huntsville, AL 35801.
    Madison.......................  City of Madison (10-   June 30, 2011; July   The Honorable Paul         November 4, 2011...............       010308
                                     04-7544P).             7, 2011; The          Finley, Mayor, City of
                                                            Huntsville Times.     Madison, 100 Hughes
                                                                                Road, Madison, AL 35758.
California: Fresno................  Unincorporated areas   June 8, 2011; June    The Honorable Phil         October 13, 2011...............       065029
                                     of Fresno County (10-  15, 2011; The         Larson, Chairman, Fresno
                                     09-3948P).             Fresno Bee.           County Board of
                                                                                Supervisors, 2281 Tulare
                                                                                Street, Room 300,
                                                                                Fresno, CA 93721.
Florida:
    Bay...........................  City of Panama City    June 16, 2011; June   The Honorable Gregory      June 9, 2011...................       120012
                                     (11-04-5514P).         23, 2011; The News    Brudnicki, Mayor, City
                                                            Herald.               of Panama City, 9
                                                                                Harrison Avenue, Panama
                                                                                City, FL 32401.
    Orange........................  Unincorporated areas   April 7, 2011; April  The Honorable Teresa       August 12, 2011................       120179
                                     of Orange County (11-  14, 2011; The         Jacobs, Mayor, Orange
                                     04-2514P).             Orlando Weekly.       County, 201 South
                                                                                Rosalind Avenue, 5th
                                                                                Floor, Orlando, FL 32801.
    Sarasota......................  City of Sarasota (11-  June 16, 2011; June   The Honorable Suzanne      June 9, 2011...................       125150
                                     04-4005P).             23, 2011; The         Atwell, Mayor, City of
                                                            Sarasota Herald-      Sarasota, 1565 1st
                                                            Tribune.              Street, Room 101,
                                                                                Sarasota, FL 34236.
Georgia: Muscogee.................  City of Columbus-      June 8, 2011; June    The Honorable Teresa       May 31, 2011...................       135158
                                     Muscogee County        15, 2011; The         Tomlinson, Mayor, City
                                     (Consolidated          Columbus Ledger-      of Columbus-Muscogee
                                     Government) (11-04-    Enquirer.             County Consolidated
                                     4624P).                                      Government, 100 10th
                                                                                Street, Columbus, GA
                                                                                31901.
Illinois:
    Will..........................  Unincorporated areas   June 23, 2011; June   Mr. Lawrence M. Walsh,     October 28, 2011...............       170695
                                     of Will County (11-    30, 2011; The         Will County Executive,
                                     05-1594X).             Mokena Messenger.     302 North Chicago
                                                                                Street, Joliet, IL 60432.
    Will..........................  Village of Mokena (11- June 23, 2011; June   The Honorable Joseph W.    October 28, 2011...............       170705
                                     05-1594X).             30, 2011; The         Werner, Mayor, Village
                                                            Mokena Messenger.     of Mokena, 11004
                                                                                Carpenter Street,
                                                                                Mokena, IL 60448.
Kansas:
    Johnson.......................  City of Lenexa (11-07- June 1, 2011; June    The Honorable Michael      October 6, 2011................       200168
                                     1137P).                8, 2011; The          Boehm, Mayor, City of
                                                            Shawnee Dispatch.     Lenexa, P.O. Box 14888,
                                                                                Lenexa, KS 66285.
    Johnson.......................  City of Shawnee (11-   June 1, 2011; June    The Honorable Jeff         October 6, 2011................       200177
                                     07-1137P).             8, 2011; The          Meyers, Mayor, City of
                                                            Shawnee Dispatch.     Shawnee, 11110 Johnson
                                                                                Drive, Shawnee, KS 66203.
Kentucky: Fayette.................  Lexington-Fayette      June 22, 2011; June   The Honorable Jim Gray,    October 27, 2011...............       210067
                                     Urban County           29, 2011; The         Mayor, Lexington-Fayette
                                     Government (11-04-     Lexington Herald-     Urban County Government,
                                     0368P).                Leader.               200 East Main Street,
                                                                                Lexington, KY 40507.
Michigan:
    Macomb........................  City of St. Clair      July 6, 2011; July    The Honorable Robert A.    June 22, 2011..................       260127
                                     Shores (11-05-5445P).  13, 2011; The St.     Hison, Mayor, City of
                                                            Clair Shores          St. Clair Shores, 27600
                                                            Sentinel.             Jefferson Circle Drive,
                                                                                St. Clair Shores, MI
                                                                                48081.
    Shiawassee....................  Charter Township of    June 3, 2011; June    Mr. Danny C. Miller,       October 11, 2011...............       260809
                                     Owosso (11-05-0616P).  10, 2011; The Argus   Supervisor, Owosso
                                                            Press.                Charter Township, 2998
                                                                                West M-2, P.O. Box 400,
                                                                                Owosso, MI 48867.
    Shiawassee....................  City of Owosso (11-05- June 3, 2011; June    The Honorable Benjamin     October 11, 2011...............       260596
                                     0616P).                10, 2011; The Argus   Frederick, Mayor, City
                                                            Press.                of Owosso, 301 West Main
                                                                                Street, Owosso, MI 48867.
Nevada: Clark.....................  City of Las Vegas (11- June 23, 2011; June   The Honorable Oscar B.     June 16, 2011..................       325276
                                     09-1593P).             30, 2011; The Las     Goodman, Mayor, City of
                                                            Vegas Review-         Las Vegas, 400 Stewart
                                                            Journal.              Avenue, Las Vegas, NV
                                                                                89101.
North Carolina:
    Union.........................  Unincorporated areas   June 2, 2011; June    Ms. Cynthia Coto, Union    October 7, 2011................       370234
                                     of Union County (11-   9, 2011; The          County Manager, Union
                                     04-1541P).             Charlotte Observer    County Government
                                                            and The Enquirer-     Center, 500 North Main
                                                            Journal.              Street, Room 918,
                                                                                Monroe, NC 28112.

    Union.........................  Village of Marvin (11- June 2, 2011; June    The Honorable Nick         October 7, 2011................       370514
                                     04-1541P).             9, 2011; The          Dispenziere, Mayor,
                                                            Charlotte Observer    Village of Marvin, 10004
                                                            and The Enquirer-     New Town Road, Marvin,
                                                            Journal.              NC 28173.
    Wake..........................  Town of Holly Springs  May 27, 2011; June    The Honorable Richard G.   October 3, 2011................       370403
                                     (09-04-6226P).         3, 2011; The News &   ``Dick'' Sears, Mayor,
                                                            Observer.             Town of Holly Springs,
                                                                                128 South Main Street,
                                                                                Holly Springs, NC 27540.
    Wake..........................  Unincorporated areas   May 27, 2011; June    Mr. David Cooke, Wake      October 3, 2011................       370368
                                     of Wake County (09-    3, 2011; The News &   County Manager, 337
                                     04-6226P).             Observer.             South Salisbury Street,
                                                                                Suite 1100, Raleigh, NC
                                                                                27602.
Ohio:
    Clinton.......................  Unincorporated areas   June 2, 2011; June    Mr. Randy Riley, Clinton   October 7, 2011................       390764
                                     of Clinton County      9, 2011; The          County Commissioners
                                     (10-05-7060P).         Wilmington News       Board Member, 46 South
                                                            Journal.              South Street, 2nd Floor,
                                                                                Courthouse, Wilmington,
                                                                                OH 45177.
    Clinton.......................  Village of Sabina (10- June 2, 2011; June    The Honorable Dean         October 7, 2011................       390627
                                     05-7060P).             9, 2011; The          Carnahan, Mayor, Village
                                                            Wilmington News       of Sabina, 99 North
                                                            Journal.              Howard Street, Sabina,
                                                                                OH 45169.
    Lake..........................  Unincorporated areas   June 14, 2011; June   Mr. Raymond E. Sines,      July 1, 2011...................       390771
                                     of Lake County (10-    21, 2011; The News-   President, Lake County
                                     05-5769P).             Herald.               Board of Commissioners,
                                                                                105 Main Street,
                                                                                Painesville, OH 44077.
Oregon: Linn......................  City of Millersburg    June 6, 2011; June    The Honorable Clayton      October 12, 2011...............       410284
                                     (11-10-0824P).         13, 2011; The         Wood, Mayor, City of
                                                            Democrat Herald.      Millersburg, 4222
                                                                                Northeast Old Salem
                                                                                Road, Albany, OR 97321.
South Carolina:
    Lexington.....................  City of Columbia (11-  May 5, 2011; May 12,  The Honorable Steve        June 13, 2011..................       450172
                                     04-3465P).             2011; The Lexington   Benjamin, Mayor, City of
                                                            County Chronicle.     Columbia, P.O. Box 147,
                                                                                1737 Main Street,
                                                                                Columbia, SC 29201.
    Lexington.....................  Unincorporated areas   May 5, 2011;May 12,   The Honorable James E.     June 13, 2011..................       450129
                                     of Lexington County    2011; The Lexington   Kinard, Jr., Chairman,
                                     (11-04-3465P).         County Chronicle.     Lexington County
                                                                                Council, 212 South Lake
                                                                                Drive, Lexington, SC
                                                                                29072.
    Richland......................  Unincorporated areas   May 6, 2011; May 13,  The Honorable Paul         September 12, 2011.............       450170
                                     of Richland County     2011; The Columbia    Livingston, Chairman,
                                     (11-04-1879P).         Star.                 Richland County Council,
                                                                                P.O. Box 192, 2020
                                                                                Hampton, Street, 2nd
                                                                                Floor, Columbia, SC
                                                                                29202.
Texas:
    Dallas........................  City of Dallas (11-06- June 9, 2011; June    The Honorable Dwaine R.    October 14, 2011...............       480171
                                     3043P).                16, 2011; The         Caraway, Mayor, City of
                                                            Dallas Morning News.  Dallas, 1500 Marilla
                                                                                Street, Room 5EN,
                                                                                Dallas, TX 75201.
    Dallas........................  City of Coppell (11-   June 10, 2011; June   The Honorable Doug         October 17, 2011...............       480170
                                     06-0227P).             17, 2011; The         Stover, Mayor, City of
                                                            Citizens' Advocate.   Coppell, 255 Parkway
                                                                                Boulevard, Coppell, TX
                                                                                75019.
Utah:
    Washington....................  City of St. George     May 31, 2011; June    The Honorable Daniel D.    May 24, 2011...................       490177
                                     (11-08-0214P).         7, 2011; The          McArthur, Mayor, City of
                                                            Spectrum.             St. George, 175 East 200
                                                                                North, St., George, UT
                                                                                84770.
    Washington....................  Unincorporated areas   May 31, 2011; June    The Honorable Dennis B.    May 24, 2011...................       490224
                                     of Washington County   7, 2011; The          Drake, Chairman,
                                     (11-08-0214P).         Spectrum.             Washington County, Board
                                                                                of Commissioners, 197
                                                                                East Tabernacle Street,
                                                                                St. George, UT 84770.
Wisconsin:
    Brown.........................  Unincorporated areas   June 28, 2011; July   The Honorable Guy Zima,    November 2, 2011...............       550020
                                     of Brown County (11-   5, 2011; The Green    Chairman, Brown County
                                     05-4502P).             Bay Press Gazette.    Board, 305 East Walnut
                                                                                Street, Green Bay, WI
                                                                                54301.
    Portage.......................  City of Stevens Point  July 15, 2011; July   The Honorable Andrew       October 31, 2011...............       550342
                                     (10-05-7569P).         22, 2011; The         Halverson, Mayor, City
                                                            Portage County        of Stevens Point, 1515
                                                            Gazette.              Strongs Avenue Steven,
                                                                                Point, WI 54481.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 5, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-20865 Filed 8-16-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Page 37736]
[FR Doc No: 2022-13525]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0182]

Special Local Regulation; 37th Annual Sarasota P1 Powerboat Grand
Prix; Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a special local regulation on the
waters of the Gulf of Mexico, in the vicinity of Lido Beach, Florida,
during the Sarasota Powerboat Grand Prix. Approximately 55 boats and
jet skis, traveling at speeds in excess of 100 miles per hour are
expected to participate. Additionally, it is anticipated that 300
spectator vessels will be present along the race course. The special
local regulation is necessary to protect the safety of race
participants, participant vessels, spectators, and the general public
on certain navigable waters of the Gulf of Mexico, Lido Beach, Florida
during the event. The special local regulation will establish an
enforcement area where all persons and vessels, except those persons
and vessels participating in the high speed boat races, are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area without obtaining permission from the Captain of the
Port St. Petersburg or a designated representative.

DATES: The regulations in 33 CFR 100.703 will be enforced daily from 6
a.m. until 7 p.m., on July 2, 2022 and July 3, 2022, for the location
identified in Item 5 in Table 1 to Sec.  100.703.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
Second Class Regina Cuevas, Sector St. Petersburg Prevention
Department, Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, Table 1 to Sec.  100.703, Item No.
5, for the Sarasota Powerboat Grand Prix/Powerboat P-1 USA, LLC
regulated area from 6:30 a.m. until 7 p.m., on July 2, 2022 through
July 3, 2022. This action is being taken to provide for the safety of
life on navigable waterways during this event. Our regulation for
recurring marine events, Sector St. Petersburg, Sec.  100.703, Table 1
to Sec.  100.703, Item No. 5, specifies the location of the regulated
area for the Sarasota Powerboat Grand Prix/Powerboat P-1 USA, LLC which
encompasses portions of the Gulf of Mexico near Lido beach. During the
enforcement periods, as reflected in Sec.  100.703(c), if you are the
operator of a vessel in the regulated area you must comply with
directions from the Patrol Commander or any designated representative.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners, marine information broadcasts,
or both.

    Dated: June 17, 2022.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2022-13525 Filed 6-23-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32158-32164]
[DOCID:fr02jn06-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53876; File No. SR-NYSE-2006-16]

Self-Regulatory Organizations; New York Stock Exchange, Inc. (n/
k/a New York Stock Exchange LLC); Order Granting Approval of a Proposed
Rule Change and Amendment No. 1 Relating to the Listing and Trading of
Index-Linked Securities of Barclays Bank PLC Linked to the Performance
of the Dow Jones--AIG Commodity Index Total Return

May 25, 2006.

I. Introduction

    On March 6, 2006, the New York Stock Exchange, Inc. (n/k/a New York
Stock Exchange LLC) (``NYSE'' or ``Exchange'') filed with the
Securities and Exchange Commission (``SEC'' or ``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder, a proposed rule change to
list and trade Index-Linked Securities of Barclays Bank PLC
(``Barclays'') linked to the performance of the Dow Jones--AIG
Commodity Index Total Return (the ``Index''). On March 27, 2006, NYSE
filed Amendment No. 1 to the proposed rule change. The proposed rule
change, as amended by Amendment No. 1, was published for comment in the
Federal Register on April 21, 2006 for a 15-day comment period.\3\ The
Commission received no comments on the proposal. This order approves
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53639 (April 12,
2006), 71 FR 20741 (the ``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The NYSE proposes to list and trade the Index-Linked Securities
(``Notes'') that will track the performance of the Index pursuant to
Section 703.19 (``Other Securities'') of the NYSE Listed Company Manual
(the ``Manual''). Barclays intends to issue the Notes under the name
``iPathSM Exchange-Traded Notes.'' The Exchange believes
that the Notes will conform to the initial listing standards for equity
securities under Section 703.19 of the Manual because Barclays is an
affiliate of Barclays PLC,\4\ an Exchange-listed company in good
standing. Under Section 703.19 of the Manual, the Exchange may approve
for listing and trading securities not otherwise covered by the
criteria of Sections 1 and 7 of the Manual, provided the issue is
suited for auction market trading.\5\ The Notes will have a minimum
life of one year, the minimum public market value of the Notes at the
time of issuance will exceed $4 million, there will be at least one
million Notes outstanding, and there will be at least 400 holders at
the time of issuance.
---------------------------------------------------------------------------

    \4\ The issuer of the Notes, Barclays, is an affiliate of an
Exchange-listed company (Barclays PLC) and not an Exchange-listed
company itself. However, Barclays, though an affiliate of Barclays
PLC, would exceed the Exchange's earnings and minimum tangible net
worth requirements in Section 102 of the Manual. Additionally, the
Exchange states that the Notes, when combined with the original
issue price of all other Note offerings of the issuer that are
listed on a national securities exchange (or association), does not
exceed 25% of the issuer's net worth. Telephone conference between
Florence E. Harmon, Senior Special Counsel, Division of Market
Regulation (``Division''), Commission, and John Carey, Assistant
General Counsel, Exchange, on April 11, 2006 (``April 11 Telephone
Conference'').
    \5\ See Securities Exchange Act Release No. 28217 (July 18,
1990), 55 FR 30056 (July 24, 1990).
---------------------------------------------------------------------------

    The Notes are a series of medium-term debt securities of Barclays
that provide for a cash payment at maturity or upon earlier exchange at
the holder's option, based on the performance of the Index. The
principal amount of each Note is $50. The Notes will trade on the
Exchange's equity trading floor, and the Exchange's existing equity
trading rules will apply to trading the Notes. The Notes will not have
a minimum principal amount that will be repaid and, accordingly,
payment on the Notes prior to or at maturity may be less than the
original issue price of the Notes. In fact, the value of the Index must
increase for the investor to receive at least the $50 principal amount
per Note at maturity or upon exchange or redemption. If the value of
the Index decreases or does not increase sufficiently to offset the
investor fee (described below), the investor will receive less, and
possibly significantly less, than the $50 principal amount per Note. In
addition, holders of the Notes will not receive any interest payments
from the Notes. The Notes will have a term of 30 years. The Notes are
not callable.\6\
---------------------------------------------------------------------------

    \6\ April 11 Telephone Conference.
---------------------------------------------------------------------------

    Holders who have not previously redeemed their Notes will receive a
cash payment at maturity equal to the principal amount of their Notes
times the index factor on the Final Valuation Date (as defined below)
minus the investor fee on the Final Valuation Date. The ``index
factor'' on any given day will be equal to the closing value of the
Index on that day divided by the initial index level. The ``initial
index level'' is the closing value of the Index on the date of issuance
of the Notes (the ``Trade Date''), and the ``final index level'' is the
closing value of the Index on the Final Valuation Date. The investor
fee is equal to 0.75% per year times the principal amount of a holder's
Notes times the index factor, calculated on a daily basis in the
following manner: The investor fee on the Trade Date will equal zero.
On each subsequent calendar day until maturity or early redemption, the
investor fee will increase by an amount equal to 0.75% times the
principal amount of a holder's Notes times the index factor on that day
(or, if such day is not a trading day, the index factor on the
immediately preceding trading day) divided by 365. The investor fee is
the only fee holders will be charged in connection with their ownership
of the Notes.
    Prior to maturity, holders may redeem their Notes on any Redemption
Date (defined below) during the term of the Notes, provided that they
present at least 50,000 Notes for redemption, or they act through a
broker or other financial intermediaries (such as a bank or other
financial institution not required to register as a broker-dealer to
engage in securities transactions) that are willing to bundle their
Notes for redemption with other investors' Notes. If a holder chooses
to redeem his Notes, the holder will receive a cash payment on the
applicable Redemption Date equal to the principal amount of his Notes
times the index factor on the applicable Valuation Date (defined below)
minus the investor fee on the applicable Valuation Date. A ``Redemption
Date'' is the third business day following a Valuation Date (other than
the Final Valuation Date (defined below)). A ``Valuation Date'' is each
Thursday from the first Thursday after issuance of the Notes until the
last Thursday before maturity of the Notes

(the ``Final Valuation Date'') inclusive (or, if such date is not a
trading day, the next succeeding trading day), unless the calculation
agent determines that a market disruption event, as described below,
occurs or is continuing on that day.\7\ In that event, the Valuation
Date for the maturity date or corresponding Redemption Date, as the
case may be, will be the first following trading day on which the
calculation agent determines that a market disruption event does not
occur and is not continuing. In no event, however, will a Valuation
Date be postponed by more than five trading days.\8\
    To redeem their Notes, holders must instruct their broker or other
person through whom they hold their Notes to take the following steps:
---------------------------------------------------------------------------

    \7\ Barclays will serve as the initial calculation agent for the
Notes.
    \8\ If a ``market disruption event'' is of more than a temporary
nature, the Exchange will file a proposed rule change pursuant to
Rule 19b-4 seeking Commission approval to continue to trade the
Notes. (17 CFR 240.19b-4.) Unless approved for continued trading,
the Exchange would commence delisting proceedings. See ``Continued
Listing Criteria,'' infra. Telephone conference between Florence E.
Harmon, Senior Special Counsel, Division, Commission; John Carey,
Assistant General Counsel, Exchange; and Mike Cavalier, Assistant
General Counsel, Exchange, on April 10, 2006 (``April 10 Telephone
Conference'').
---------------------------------------------------------------------------

     Deliver a notice of redemption to Barclays via e-mail by
no later than 11 a.m. Eastern time (``ET'') on the business day prior
to the applicable Valuation Date. If Barclays receives such notice by
the time specified in the preceding sentence, it will respond by
sending the holder a confirmation of redemption;
     Deliver the signed confirmation of redemption to Barclays
via facsimile in the specified form by 4 p.m. ET on the same day;
Barclays must acknowledge receipt in order for the confirmation to be
effective; and
     Transfer such holder's book-entry interest in its Notes to
the trustee, The Bank of New York, on Barclays' behalf at or prior to
10 a.m. ET \9\ on the applicable Redemption Date (the third business
day following the Valuation Date).
---------------------------------------------------------------------------

    \9\ The Exchange authorized the Commission staff to clarify time
zone references here and elsewhere in the proposal. Telephone
conference between Florence E. Harmon, Senior Special Counsel,
Division, Commission; John Carey, Assistant General Counsel,
Exchange; and Mike Cavalier, Assistant General Counsel, Exchange, on
March 29, 2006 (``March 29 Telephone Conference'').
---------------------------------------------------------------------------

    If holders elect to redeem their Notes, Barclays may request that
Barclays Capital Inc. (a broker-dealer) purchase the Notes for the cash
amount that would otherwise have been payable by Barclays upon
redemption. In this case, Barclays will remain obligated to redeem the
Notes if Barclays Capital Inc. fails to purchase the Notes. Any Notes
purchased by Barclays Capital Inc. may remain outstanding for trading
on the Exchange.
    If an event of default occurs and the maturity of the Notes is
accelerated, Barclays will pay the default amount in respect of the
principal of the Notes at maturity.

III. Indicative Value

    An intraday ``Indicative Value'' meant to approximate the intrinsic
economic value of the Notes will be calculated and published via the
facilities of the Consolidated Tape Association (``CTA'') every 15
seconds throughout the NYSE trading day on each day on which the Notes
are traded on the Exchange. Additionally, Barclays or an affiliate will
calculate and publish the closing Indicative Value of the Notes on each
trading day at http://www.ipathetn.com. In connection with the Notes,

the term ``Indicative Value'' refers to the value at a given time based
on the following equation:

Indicative Value = Principal Amount per Unit x (Current Index Level/
Initial Index Level) - Current Investor Fee

Where:

 Principal Amount per Unit = $50
 Current Index Level = The most recent published level of the
Index as reported by Dow Jones and AIG-Financial Products Corp. (``AIG-
FP'').\10\

    \10\ AIG-FP is a wholly-owned and guaranteed subsidiary of
American International Group, Inc.
---------------------------------------------------------------------------

 Initial Index Level = The Index level on the trade date for
the Notes.
 Current Investor Fee = The most recent daily calculation of
the investor fee with respect to the Notes, determined as described
above (which, during any trading day, will be the investor fee
determined on the preceding calendar day).
    The Indicative Value will not reflect price changes to the price of
an underlying commodity between the close of trading of the futures
contract at the relevant futures exchange and the close of trading of
the Notes on the NYSE at 4 p.m. ET.\11\ The value of the Notes may
accordingly be influenced by non-concurrent trading hours between the
NYSE and the various futures exchanges on which the futures contracts
based on the Index commodities are traded.
---------------------------------------------------------------------------

    \11\ April 11 Telephone Conference (confirming Notes will trade
until 4:00 p.m. ET). The Notice includes a chart of the trading
hours for each of the futures contract components in the Index. See
Notice, supra, note 3.
---------------------------------------------------------------------------

    While the market for futures trading for each of the Index
commodities is open, the Indicative Value can be expected to closely
approximate the redemption value of the Notes. However, during the NYSE
trading hours when the futures contracts have ceased trading, spreads
and resulting premiums or discounts may widen, and therefore, increase
the difference between the price of the Notes and their redemption
value. The Exchange states that the Indicative Value disseminated
during the NYSE trading hours should not be viewed as a real time
update of the redemption value.

IV. Description of the Index

    The investment objective of the Notes is to track the Index, which
is described below and in more detail in the Notice.\12\ The Index is
designed to be a diversified benchmark for commodities as an asset
class and reflects the returns that are potentially available through
an unleveraged investment in the futures contracts on physical
commodities comprising the Index plus the rate of interest that could
be earned on cash collateral invested in specified Treasury Bills.\13\
The Index currently is composed of the prices of 19 exchange-traded
futures contracts on physical commodities.\14\ Futures contracts on the
Index are currently listed for trading on the Chicago Board of Trade
(``CBOT''). The Index is a proprietary index that AIGI International
Inc. (``AIGI'') developed, that each year is determined by AIG-FP,
subject to the oversight and approval of the Oversight Committee
(defined below), and that Dow Jones calculates.\15\ The methodology for

determining the composition and weighting of the Index and for
calculating its value is subject to modification by Dow Jones and AIG-
FP (``Index Sponsors'') at any time.\16\ Dow Jones disseminates the
Index value at least every 15 seconds \17\ (assuming the Index value
has changed within such 15 second interval) from 8 a.m. to 3 p.m. ET
and publishes a daily Index value at approximately 4 p.m. ET on each
DJ-AIG Business Day (as defined below) on Reuters page AIGCII.\18\ The
Index value can still be retrieved after 3 p.m. ET until the end of the
Exchange trading day, but its value is generally static after 3 p.m.
ET, although it may change if settlement values for Index components
become available after that time. A DJ-AIG Business Day (``DJ-AIG
Business Day'') is a day on which the sum of the Commodity Index
Percentages (as defined below) for the Index commodities that are
available to trade is greater than 50%. For example, based on the
weighting of the Index commodities for 2006, if the CBOT and the NYMEX
are closed for trading on the same day, a DJ-AIG Business Day will not
exist.\19\
    Dow Jones and AIGI have established the Dow Jones--AIG Commodity
Index Oversight Committee (the ``Oversight Committee'') to assist them
in connection with the operation of the Index. The Oversight Committee
may also meet at such other times as may be necessary.
---------------------------------------------------------------------------

    \12\ The methodology for determining the composition and
weighting of the Index and calculating its value is described in
more detail in the Notice. See supra, note 3.
    \13\ These returns are calculated by using the 91-day U.S.
Treasury Bill auction rate, designated as ``High Rate'' as published
in the ``Treasury Security Auction Results'' report, published by
the Bureau of the Public Debt currently available on its Web site
(http://wwws.publicdebt.treas.gov/AI/AIGateway), which is generally

published once per week on Monday.
    \14\ On March 3, 2006, the Oversight Committee of the Dow
Jones--AIG Commodity Index announced that the Reformulated Gasoline
Blendstock for Oxygen Blending (``RB'') futures contract traded on
the New York Mercantile Exchange (``NYMEX'') will replace the New
York Harbor Unleaded Gasoline (``HU'') futures contract also traded
on NYMEX. Telephone conference between Brian Trackman, Special
Counsel, Division, Commission, and John Carey, Assistant General
Counsel, Exchange, on March 30, 2006.
    \15\ AIG-FP is not a broker-dealer or futures commission
merchant; however, AIG-FP may have such affiliates. Therefore, AIG-
FP (i) implemented and agrees to maintain procedures reasonably
designed to prevent the use and dissemination by relevant employees
of AIG-FP, in violation of applicable laws, rules and regulations,
of material non-public information relating to changes in the
composition or method of computation or calculation of the Index and
(ii) agrees to periodically check the application of such procedures
as they relate to personnel of AIG-FP responsible for such changes.
Barclays has informed the Exchange that Dow Jones does not have any
affiliates engaged in the securities or commodities trading
businesses and, as such, does not believe that such firewall
procedures are necessary in its case. In addition, the Oversight
Committee is subject to written policies that acknowledge their
obligations with respect to material non-public information.
Telephone conference between Florence E. Harmon, Senior Special
Counsel, Division, Commission and John Carey, Assistant General
Counsel, Exchange, on May 11, 2006.
    \16\ In such case, the Commission would expect the Exchange to
file a proposed rule change pursuant to Rule 19b-4 (17 CFR 240.19b-
4), seeking Commission approval to continue trading the Notes.
Unless approved for continued trading, the Exchange would commence
delisting proceedings. See ``Continued Listing Critera,'' infra.
April 10 Telephone Conference.
    \17\ April 11 Telephone Conference.
    \18\ The Oversight Committee (defined below) may exclude any
otherwise eligible contract from the Index if it determines that it
has an inadequate trading window. The Index currently includes
contracts traded on the London Metal Exchange (``LME''), which is
located in London. During the hours where the LME is closed, Dow
Jones uses the last price and uses the settlement price once it is
available in order to publish the Index value through the end of the
trading day. The Index value does not reflect any after-hours or
overnight trading in contracts traded on the LME.
    \19\ The Index value will be disseminated at least every 15
seconds and the daily Index value to be calculated and disseminated
during the time the Notes trade on the Exchange; otherwise, the
Exchange will halt trading in the Notes. April 11 Telephone
Conference.
---------------------------------------------------------------------------

    As described in more detail in the Notice, the Index is re-weighted
and rebalanced each year in January on a price-percentage basis. The
annual weightings for the Index are determined each year in June or
July by AIG-FP under the supervision of the Oversight Committee,
announced after approval by the Oversight Committee, and implemented
the following January. The composition of the Index for 2006 was
approved following a meeting in July 2005. The Index reweighting and
rebalancing took place in January 2006.\20\
---------------------------------------------------------------------------

    \20\ See Notice, supra note 3, for a chart of the composition
percentages for the Index for 2006.
---------------------------------------------------------------------------

    The Exchange states that a number of commodities have been selected
that are believed to be sufficiently significant to the world economy
to merit consideration for inclusion in the Index and which are the
subject of a qualifying related futures contract. With the exception of
several metals contracts (aluminum, lead, tin, nickel and zinc) that
trade on the LME, each of the potential commodities is the subject of a
futures contract that trades on a U.S. exchange. The 23 potential
commodities currently considered for inclusion in the Index and the 19
Index commodities selected for 2006 are set out in the Notice.\21\
---------------------------------------------------------------------------

    \21\ See Notice, supra note 3.
---------------------------------------------------------------------------

    A futures contract known as a Designated Contract is selected for
each commodity. With the exception of several LME contracts, where the
Oversight Committee believes that there exists more than one futures
contract with sufficient liquidity to be chosen as a Designated
Contract for a commodity, the Oversight Committee selects the futures
contract that is traded in North America and denominated in dollars. If
more than one such contract exists, the Oversight Committee selects the
most actively traded contract.\22\ For the purposes of applying the
diversification rules, the commodities considered for inclusion in the
Index are assigned to ``Commodity Groups.'' \23\
---------------------------------------------------------------------------

    \22\ The Designated Contracts for the commodities included in
the Index for 2005 are set out in the Notice. See supra note 3.
    \23\ The Commodity Groups and their effective target rounded
weightings for 2006 are set out in the Notice. See supra note 3.
---------------------------------------------------------------------------

    The relative weightings of the component commodities included in
the Index are determined annually according to both liquidity and
dollar adjusted production data in 2/3 and 1/3 shares, respectively.
Each June, for each commodity designated for potential inclusion in the
Index, liquidity is measured by the Commodity Liquidity Percentage
(``CLP'') and production by the Commodity Production Percentage
(``CPP''). The CLP for each commodity is determined by taking a five-
year average of the product of trading volume and the historical dollar
value of the Designated Contract for that commodity, and dividing the
result by the sum of such products for all commodities which were
designated for potential inclusion in the Index. The CPP is determined
for each commodity by taking a five-year average of annual world
production figures, adjusted by the historical dollar value of the
Designated Contract, and dividing the result by the sum of such
production figures for all the commodities, which were designated for
potential inclusion in the Index. The CLP and the CPP are then combined
(using a ratio of 2:1) to establish the Commodity Index Percentage
(``CIP'') for each commodity. This CIP is then adjusted in accordance
with certain diversification rules in order to determine the
commodities, which will be included in the Index and their respective
percentage weights.
    The Index is designed to provide diversified exposure to
commodities as an asset class. To ensure that no single commodity or
commodity sector dominates the Index, the following diversification
rules are applied to the annual re-weighting and rebalancing of the
Index as of January of the applicable year:
     No related group of commodities designated as a
``Commodity Group'' (e.g., energy, precious metals, livestock, or
grains) may constitute more than 33% of the Index.
     No single commodity may constitute more than 15% of the
Index.
     No single commodity, together with its derivatives (e.g.,
crude oil, together with heating oil and unleaded gasoline), may
constitute more than 25% of the Index.
     No single commodity that is in the Index may constitute
less than 2% of the Index.
    Following the annual re-weighting and rebalancing of the Index in
January, the percentage of any single commodity or group of commodities
at any time prior to the next re-weighting or rebalancing will
fluctuate and may exceed or be less than the percentages set forth
above.

    Following application of the diversification rules discussed above,
CIPs are incorporated into the Index by calculating the new unit
weights for each Index commodity. Near the beginning of each new
calendar year (the ``CIM Determination Date''), the CIPs, along with
the settlement prices on that date for Designated Contracts included in
the Index, are used to determine a Commodity Index Multiplier (``CIM'')
for each Index commodity. This CIM is used to achieve the percentage
weightings of the Index commodities, in dollar terms, indicated by
their respective CIPs. After the CIMs are calculated, they remain fixed
throughout the year. As a result, the observed price percentage of each
Index commodity will float throughout the year, until the CIMs are
reset the following year based on new CIPs.
    In order to avoid delivering the underlying physical commodities
and to maintain exposure to the underlying physical commodities,
periodically futures contracts on physical commodities specifying
delivery on a nearby date must be sold and futures contracts on
physical commodities that have not yet reached the delivery period must
be purchased. The rollover for each contract occurs over a period of
five DJ-AIG Business Days each month according to a pre-determined
schedule. This process is known as ``rolling'' a futures position. The
Index is a ``rolling index.''
    The Index is calculated by Dow Jones by applying the impact of the
changes to the futures prices of commodities included in the Index
(based on the commodities' relative weightings). Once the CIMs are
determined as discussed above, the calculation of the Index is a
mathematical process whereby the CIMs for the Index commodities are
multiplied by the daily settlement prices in U.S. dollars for the
applicable Designated Contracts. These products are then summed. During
the rollover period, the sum includes both nearby and deferred
contracts weighted according to the specified roll percentage. The
percentage change in this sum from the prior day is then applied to the
prior Index value. Finally, the value of one day's interest is added,
calculated using the most recent (lagged by one day) 91-Day U.S.
Treasury Bill Auction High Rate to arrive at the current Index value.
    Dow Jones disseminates the Index value at least every 15 seconds
(assuming the Index value has changed within such fifteen-second
interval) from 8 a.m. to 3 p.m. ET and publishes a daily Index value at
approximately 4 p.m. ET on each DJ-AIG Business Day on its Web site at
http://www.djindexes.com.\24\ This information is also transmitted via

one or more major market data vendors. Real time information about the
trading of the component futures contracts and their daily settlement
prices is available from one or more major market data vendors, and in
some cases, the underlying futures exchanges.\25\
    Additionally, in the event of a disruption, adjustment,
discontinuance, or substitution of the Index, the calculation agent has
discretion as to the computation methodology and adjustments. However,
in such case, the Exchange will file a proposed rule change pursuant to
Rule 19b-4 under the Act. Unless approved for continued trading, the
Exchange would commence delisting proceedings.\26\
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    \24\ The Index value is static from 3 p.m. to 4 p.m. ET other
than modifications to reflect settlement prices becoming available.
April 11 Telephone Conference.
    \25\ Telephone conference between Florence E. Harmon, Senior
Special Counsel, Division, Commission, and John Carey, Assistant
General Counsel, Exchange, on May 23, 2006.
    \26\ See ``Continued Listing Criteria,'' infra. April 10
Telephone Conference.
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V. Continued Listing Criteria

    The Exchange has represented that it prohibits the initial and/or
continued listing of any security that is not in compliance with Rule
10A-3 under the Act.\27\
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    \27\ 17 CFR 240.10A-3.
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    The Exchange will delist the Notes:
     If, following the initial twelve month period from the
date of commencement of trading of the Notes: (i) The Notes have more
than 60 days remaining until maturity and there are fewer than 50
beneficial holders of the Notes for 30 or more consecutive trading
days; (ii) if fewer than 50,000 Notes remain issued and outstanding; or
(iii) if the market value of all outstanding Notes is less than
$1,000,000;
     If the Index value ceases to be calculated or available
during the time the Notes trade on the Exchange on at least a 15 second
basis through one or more major market data vendors; \28\
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    \28\ The Exchange confirmed that the Index value will be
disseminated at least every 15 seconds by one or more major market
data vendors during the time the Notes trade on the Exchange. The
Exchange also confirmed that the index and its components have daily
settlement values that are widely disclosed. Telephone conference
between Florence E. Harmon, Senior Special Counsel, Division,
Commission, and John Carey, Assistant General Counsel, Exchange, on
May 23, 2006.
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     If, during the time the Notes trade on the Exchange, the
Indicative Value ceases to be available on a 15 second delayed basis;
or
     If such other event shall occur or condition exists which
in the opinion of the Exchange makes further dealings on the Exchange
inadvisable.
    Additionally, the Exchange has represented it will file a proposed
rule change pursuant to Rule 19b-4 under the Act,\29\ seeking approval
to continue trading the Notes and unless approved, the Exchange will
commence delisting the Notes if:
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

     Dow Jones and AIG-FP substantially change either the Index
component selection methodology or the weighting methodology;
     If a new component is added to the Index (or pricing
information is used for a new or existing component) that constitutes
more than 10% of the weight of the Index with whose principal trading
market the Exchange does not have a comprehensive surveillance sharing
agreement;\30\ or
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    \30\ Therefore, only 10% of the weight of all of the Index (and
thus the Index components) could not be subject to comprehensive
surveillance sharing arrangements with the Exchange. April 10
Telephone Conference.
---------------------------------------------------------------------------

     If a successor or substitute index is used in connection
with the Notes. The filing will address, among other things the listing
and trading characteristics of the successor or substitute index and
the Exchange's surveillance procedures applicable thereto.

VI. Trading Rules

    The Exchange's existing equity trading rules will apply to trading
of the Notes. The Notes will trade between the hours of 9:30 a.m. and 4
p.m. ET \31\ and will be subject to the equity margin rules of the
Exchange.\32\
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    \31\ March 29 Telephone Conference.
    \32\ See NYSE Rule 431.
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A. Trading Halts

    The Exchange has agreed it will cease trading the Notes if there is
a halt or disruption in the dissemination of the Index value or the
Indicative Value.\33\ The Exchange has also represented it will cease
trading the Notes if a ``market disruption event'' occurs that is of
more than a temporary nature.\34\ In the event that the Exchange is
open for business on a day that is not a DJ-AIG Business Day, the
Exchange will not permit trading of the Notes on that day.
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    \33\ In the event the Index value or Indicative Value is no
longer calculated or disseminated, the Exchange would immediately
contact the Commission to discuss measures that may be appropriate
under the circumstances.
    \34\ In the event a ``market disruption event'' occurs that is
of more than a temporary nature, the Exchange would immediately
contact the Commission to discuss measures that may be appropriate
under the circumstances.

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

B. Specialist Trading Obligations

    The Exchange has proposed Supplementary Material .10 to proposed
NYSE Rule 1301B \35\ in order to apply the provisions of NYSE Rule
1300B(b) and NYSE Rule 1301B to certain Notes listed on the Exchange
pursuant to Section 703.19 (``Other Notes'') of the Manual.
Specifically, NYSE Rules 1300B(b) and 1301B will apply to Notes listed
under Section 703.19 where the price of such Notes is based in whole or
part on the price of (a) a commodity or commodities, (b) any futures
contracts or other derivatives based on a commodity or commodities; or
(c) any index based on either (a) or (b) above.
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    \35\ See Amendment No. 1 to SR-NYSE-2006-17, filed with the
Commission on March 24, 2006.
---------------------------------------------------------------------------

    As a result of application of NYSE Rule 1300B(b), the specialist in
the Notes, the specialist's member organization and other specified
persons will be prohibited under paragraph (m) of NYSE Rule 105
Guidelines from acting as market maker or functioning in any capacity
involving market-making responsibilities in the Index components, the
commodities underlying the Index components, or options, futures or
options on futures on the Index, or any other derivatives
(collectively, ``derivative instruments'') based on the Index or based
on any Index component or any physical commodity underlying an Index
component. If the member organization acting as specialist in the Notes
is entitled to an exemption under NYSE Rule 98 from paragraph (m) of
NYSE Rule 105 Guidelines, then that member organization could act in a
market making capacity in the Index components, the commodities
underlying the Index components, or derivative instruments based on the
Index or based on any Index component or commodity underlying an Index
component, other than as a specialist in the Notes themselves, in
another market center.
    Under NYSE Rule 1301B(a), the member organization acting as
specialist in the Notes (1) will be obligated to conduct all trading in
the Notes in its specialist account, (subject only to the ability to
have one or more investment accounts, all of which must be reported to
the Exchange), (2) will be required to file with the Exchange and keep
current a list identifying all accounts for trading in the Index
components or the physical commodities underlying the Index components,
or derivative instruments based on the Index or based on the Index
components or the physical commodities underlying the Index components,
which the member organization acting as specialist may have or over
which it may exercise investment discretion, and (3) will be prohibited
from trading in the Index components or the physical commodities
underlying the Index components, or derivative instruments based on the
Index or based on the Index components or the physical commodities
underlying the Index components, in an account in which a member
organization acting as specialist, controls trading activities which
have not been reported to the Exchange as required by NYSE Rule 1301B.
    Under NYSE Rule 1301B(b), the member organization acting as
specialist in the Notes will be required to make available to the
Exchange such books, records or other information pertaining to
transactions by the member organization and other specified persons for
its or their own accounts in the Index components or the physical
commodities underlying the Index components, or derivative instruments
based on the Index or based on the Index components or the physical
commodities underlying the Index components, as may be requested by the
Exchange. This requirement is in addition to existing obligations under
Exchange rules regarding the production of books and records.
    Under NYSE Rule 1301B(c), in connection with trading the Index
components or the physical commodities underlying the Index components,
or derivative instruments based on the Index or based on the Index
components or the physical commodities underlying the Index components,
the specialist could not use any material nonpublic information
received from any person associated with a member or employee of such
person regarding trading by such person or employee in the Index
components or the physical commodities underlying the Index components,
or derivative instruments based on the Index or based on the Index
components or the physical commodities underlying the Index components.

C. Surveillance

    The Exchange represents that its surveillance procedures are
adequate to properly monitor the trading of the Notes and the Index
components. The Exchange will rely upon existing NYSE surveillance
procedures governing equities with respect to surveillance of the
Notes. The Exchange believes that these procedures are adequate to
monitor Exchange trading of the Notes and to detect violations of
Exchange rules, consequently deterring manipulation. In this regard,
the Exchange has the authority under NYSE Rules 476 and 1301B to
request the Exchange specialist in the Notes to provide NYSE Regulation
with information that the specialist uses in connection with pricing
the Notes on the Exchange, including specialist, proprietary or other
information regarding Notes, commodities, futures, options on futures
or other derivative instruments. The Exchange believes it also has
authority to request any other information from its members--including
floor brokers, specialists and ``upstairs'' firms--to fulfill its
regulatory obligations.
    With regard to the Index components, the Exchange can obtain market
surveillance information with respect to transactions occurring on the
LME and NYMEX (and COMEX), including customer identity information,
pursuant to comprehensive surveillance sharing arrangements with each
of these exchanges. All of the other trading venues on which current
Index components are traded, namely CBOT, the Coffee, Sugar and Cocoa
Exchange of the New York Board of Trade, and the Chicago Mercantile
Exchange Inc., are members of the Intermarket Surveillance Group
(``ISG''), and the Exchange therefore has access to all relevant
trading information with respect to those contracts without any further
action being required on the part of the Exchange. All these
surveillance arrangements constitute comprehensive surveillance sharing
arrangements.

VII. Suitability

    Pursuant to NYSE Rule 405, the Exchange will impose a duty of due
diligence on its members and member firms to learn the essential facts
relating to every customer prior to trading the Notes.\36\ With respect
to suitability recommendations and risks, the Exchange will require
members, member organizations and employees thereof recommending a
transaction in the Notes: (1) To determine that such transaction is
suitable for the customer; and (2) to have a reasonable basis for
believing that the customer can evaluate the special characteristics
of, and is able to bear the financial risks of, such transaction.
---------------------------------------------------------------------------

    \36\ NYSE Rule 405 requires that every member, member firm or
member corporation use due diligence to learn the essential facts
relative to every customer and to every order or account accepted.

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

VIII. Information Memorandum \37\
---------------------------------------------------------------------------

    \37\ The Exchange initially referred to the distributed document
in its filing as an ``Information Circular.'' The Exchange requested
that the Commission change the reference to an ``Information
Memorandum'' in the Commission's Notice. See supra, note 3.
Telephone conference between Kristie Diemer, Attorney, Division,
Commission, and John Carey, Assistant General Counsel, Exchange, on
April 10, 2006.
---------------------------------------------------------------------------

    The Exchange will, prior to trading the Notes, distribute a
memorandum to the membership providing guidance with regard to member
firm compliance responsibilities (including suitability
recommendations) when handling transactions in the Notes. The
memorandum will note to members language in the prospectus used by
Barclays in connection with the sale of the Notes regarding prospectus
delivery requirements for the Notes. Specifically, in the initial
distribution of the Notes,\38 \ and during any subsequent distribution
of the Notes, NYSE members will deliver a prospectus to investors
purchasing from such distributors.\39\
---------------------------------------------------------------------------

    \38\ The Registration Statement reserves the right to do
subsequent distributions of these Notes.
    \39\ April 10 Telephone Conference.
---------------------------------------------------------------------------

    The memorandum will discuss the special characteristics and risks
of trading this type of security. Specifically, the memorandum, among
other things, will discuss what the Notes are, how the Notes are
redeemed, applicable Exchange rules, dissemination of information
regarding the Index value and the Indicative Value, trading
information, and applicable suitability rules.
    The memorandum will also notify members and member organizations
about the procedures for redemptions of Notes and that Notes are not
individually redeemable but are redeemable only in aggregations of at
least 50,000 Notes.
    The memorandum will also reference the fact that there is no
regulated source of last sale information regarding physical
commodities and that the SEC has no jurisdiction over the trading of
physical commodities or the futures contracts on which the value of the
Notes is based, and that the Commodity Futures Trading Commission has
no regulatory jurisdiction over the trading of certain foreign based
futures contracts. The memorandum will also discuss other exemptive or
no-action relief under the Act provided by the Commission staff.\40\
---------------------------------------------------------------------------

    \40\ March 29 Telephone Conference.
---------------------------------------------------------------------------

IX. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\41\ In particular, the Commission finds that the
proposed rule change, as amended, is consistent with the requirements
of Section 6(b)(5) of the Act,\42\ which requires, among other things,
that the Exchange's rules be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

    \41\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \42\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

A. Surveillance

    Information sharing agreements with primary markets trading index
components underlying a derivative product are an important part of a
self-regulatory organization's ability to monitor for trading abuses in
derivative products. The Commission believes that the Exchange's
comprehensive surveillance sharing arrangements with LME, NYMEX (and
COMEX), pursuant to which the Exchange can obtain market surveillance
information, including customer identity information, along with the
Exchange's participation in the ISG, create the basis for the Exchange
to monitor for fraudulent and manipulative practices in the trading of
the Notes. In addition, the Exchange represents that it will delist the
Notes if a new component is added to the Index (or pricing information
is used for a new or existing component) that constitutes more than 10%
of the weight of the Index with whose principal trading market the
Exchange does not have a comprehensive surveillance sharing agreement.
    Moreover, NYSE Rules 476 and 1301B give NYSE the authority to
request the Exchange specialist in the Notes to provide NYSE Regulation
with pricing information, among other things. Furthermore, the Exchange
believes that it also has the authority to request any other
information from its members--including floor brokers, specialists and
``upstairs'' firms--to fulfill its regulatory obligations. The
Commission believes that these rules provide the NYSE with the tools
necessary to adequately surveil trading in the Notes.

B. Dissemination of Information

    The Commission believes that sufficient venues for obtaining
reliable price information exist so that investors in the Notes can
monitor the underlying Index relative to the Indicative Value of the
Notes. There is a considerable amount of information about the Index
and its components available through public Web sites and professional
subscription services, including Reuters and Bloomberg. During the time
that the Notes will trade on the Exchange, Dow Jones disseminates via
one or more major market data vendors the Index value at least every 15
seconds \43\ from 8 a.m. to 3 p.m. ET and publishes a daily Index value
at approximately 4 p.m. ET on Reuters. Real time information about the
trading of the component futures contracts and their daily settlement
prices is available from one or more major market data vendors, and in
some cases, the underlying futures exchanges.
---------------------------------------------------------------------------

    \43\ April 11 Telephone Conference.
---------------------------------------------------------------------------

    While the Indicative Value will not reflect price changes of an
underlying commodity between the close of trading of the futures
contract at the relevant futures exchange and the close of trading on
the NYSE at 4 p.m. New York time, the Exchange will disseminate the
Indicative Value of the Notes via the facilities of the CTA every 15
seconds throughout the NYSE trading day on each day on which the Notes
are traded on the Exchange. Additionally, Barclays or an affiliate will
calculate and publish the closing Indicative Value of the Notes on each
trading day at http://www.ipathetn.com.

C. Listing and Trading

    The Commission finds that the Exchange's proposed rules and
procedures for the listing and trading of the proposed Notes are
consistent with the Act. Notes will trade as equity securities under
Section 703.19 and will be subject to NYSE rules applicable to equity
trading including, among others, rules governing priority, parity and
precedence of orders, specialist responsibilities, account opening and
customer suitability requirements. The Commission believes that the
listing and delisting criteria for the Notes should help to maintain a
minimum level of liquidity and therefore minimize the potential for
manipulation of the Notes. The Exchange represents that it would file a
proposed rule change, pursuant to Rule 19b-4,\44\ if the Index Sponsors
materially change the composition of the Index, the methodology of
calculating the value of the Index, or any other policies relevant to
the Index. Finally, the Commission notes that the Information
Memorandum the Exchange

will distribute will inform members and member organizations about the
terms, characteristics and risks in trading the Notes, including their
prospectus delivery obligations.
---------------------------------------------------------------------------

    \44\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

X. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
that the proposed rule change (SR-NYSE-2006-16), as amended by
Amendment No. 1, is approved.
---------------------------------------------------------------------------

    \45\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\45\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-8549 Filed 6-1-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices]
[Page 41020-41021]
[DOCID:fr19jy06-77]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0248; FRL-8199-8]

Review of Environmental Protection Agency Draft Guidance for
Implementing Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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SUMMARY: On April 19, 2006, EPA released for public comment, its draft
Guidance, Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments (``Guidance'') in the Federal Register. The
draft Guidance addresses the provisions of Executive Order 13175 (``EO
13175'') and how EPA generally intends to implement EO 13175 in
connection with relevant EPA activities. This notice announces a 60 day
extension of the comment period for the draft Guidance, Executive Order
13175: Consultation and Coordination with Indian Tribal Governments
(``Guidance''). This extension is necessary to accommodate requests
that we provide the public more time to review and comment on the
materials.

DATES: The comment period previously expiring on July 19, 2006, is
extended to September 19, 2006.

ADDRESSES: For detailed instructions on the submission of comments,
follow the instructions provided under ADDRESSES in the Federal
Register document of April 19, 2006.

FOR FURTHER INFORMATION CONTACT: Joan Crawford, Office of Policy,
Economics and Innovation, Mail Code 1803A, Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>or Jose Aguto, American Indian Environmental

Office, Mailcode 4104, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-0289; fax number:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

I. Does This Action Apply to Me?

    The Agency included in the draft Guidance document who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

II. What Action Is the Agency Taking?

    In the Federal Register of April 19, 2006 (71 FR 20313) (FRL-8159-
9), EPA released for public comment, its draft Guidance, Executive
Order 13175: Consultation and Coordination with Indian Tribal
Governments (``Guidance'') in the Federal Register. The draft Guidance
addresses the provisions of Executive Order 13175 (``EO 13175'') and
how EPA generally intends to implement EO 13175 in connection with
relevant EPA activities. EPA has received requests for an

extension of the comment period from Lone Pine Paiute-Shoshone
Reservation, the Hualapai Nation, and United South and Eastern Tribes,
Incorporated. To allow additional time for comment EPA is extending the
comment period established in the Federal Register issued on April 19,
2006 (71 FR 20313) for an additional 60 days. As extended, the comment
period for this draft Guidance expires September 19, 2006. Prior to
this extension, the comment period was scheduled to expire July 19,
2006.

III. Do Any Statutory and Executive Order Reviews Apply to This Action?

    No. This action is not a rulemaking, it merely extends the date by
which public comments must be submitted on a draft Guidance document
that EPA published in the Federal Register of April 19, 2006 (71 FR
20313).
    Comments received within the 60 day extension period designated in
this notice will be taken under consideration as the EPA workgroup
continues drafting the Guidance and the key attachments to the
Guidance.

    Dated: July 14, 2006.
Brian F. Mannix,
Associate Administrator, Office of Policy, Economics and Innovation.
 [FR Doc. E6-11448 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50-P


June 29, 2012                                                                                NOTE TO: DOCKET EPA-HQ-OAR-2009-0517 On Monday, June 25, 2012, the Environmental Protection Agency and the Office of Management and Budget (OMB) met to discuss the OMB determination of the final action. No decision was made at that time.