[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Pages 140-142]
[FR Doc No: 2012-31463]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68535; File No. SR-OCC-2012-24]

 Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Its By-Laws and Rules Consistent With Recent System Changes to the
Stock Loan/Hedge Program and Market Loan Program and Delete Certain
Terms and Provisions No Longer Applicable

December 26, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 13, 2012, The Options Clearing Corporation (``OCC'' or the
``Corporation'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change described in Items I, II and
III below, which items have been prepared primarily by OCC. OCC filed
the proposal pursuant to Section 19(b)(3)(A)(iii) of the Act,\3\ and
Rule 19b-4(f)(4)(i) \4\ thereunder so that the proposal was effective
upon filing with the Commission. The Commission is publishing this
Notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    OCC is amending its By-Laws and Rules to make them consistent with
recent system changes to the Stock Loan/Hedge Program and Market Loan
Program and delete certain terms and provisions that are no longer
applicable.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the rule change and discussed
any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
OCC has prepared summaries, set forth in sections A, B, and C below, of
the most significant aspects of such statements.\5\
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    \5\ The Commission has modified the text of the summaries
prepared by OCC.
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A. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The purpose of the rule change is to make certain technical changes
to the By-Laws and Rules governing OCC's Stock Loan/Hedge Program and
Market Loan Program (collectively, the ``Programs'') in order to make
them consistent with recent system changes to the Programs and to
delete certain terms and provisions that are no longer applicable.
Background
    OCC's Stock Loan/Hedge Program is provided for in Article XXI of
the By-Laws and Chapter XXII of the Rules, and provides a means for OCC
clearing members to submit broker-to-broker stock loan transactions to
OCC for clearance. Broker-to-broker transactions are independently-
executed stock loan transactions that are negotiated directly between
two OCC clearing members. OCC's Market Loan Program, provided for in
Article XXIA of the By-Laws and Chapter XXIIA of the Rules,
accommodates securities loan transactions executed through electronic
trading platforms that match lenders and borrowers on an anonymous
basis. Anonymous stock loan transactions are initiated when a lender or
borrower, who is either an OCC clearing member participating in the
Market Loan Program or a non-clearing member who has a clearing
relationship with an OCC clearing member participating in the Market
Loan Program, accepts a bid/offer displayed on a trading platform. A
clearing member participating in the Market Loan Program will be
obligated to OCC as principal with respect to transactions effected by
its customers that are non-clearing members of a trading platform.
    Where a stock loan transaction is submitted to, and accepted by,
OCC for clearance, OCC substitutes itself as the lender to the borrower
and the borrower to the lender, thus serving a function for the stock
loan market similar to the one it serves within the listed options
market. OCC thereby guarantees the future daily mark-to-market payments
between the lending clearing member and borrowing clearing member,
which are effected through OCC's cash settlement system, and the return
of the loaned stock to the lending clearing member and the collateral
to the borrowing clearing member upon close-out of the stock loan
transaction. OCC leverages The Depository Trust Company's (``DTC'' or
the ``Depository'') infrastructure to transfer loaned stock and
collateral between OCC clearing members.
    Recently, OCC performed a series of procedural changes and system
enhancements designed to automate processes that had previously been
performed manually and improve the allocation process for stock loan
and borrow positions of OCC members who participate in the Stock Loan/
Hedge Program and the Market Loan Program. For example, OCC has
simplified the process in which stock loan positions are allocated or
transferred across a clearing member's account structure. Clearing
members now specify a ``default'' account into which stock loan and
borrow positions are automatically allocated, and from which transfers
and returns are processed, unless otherwise specified in an instruction
submitted by the clearing member. Additionally, OCC now has the
functionality to receive messages from DTC in real-time, including
reclaim requests (i.e., requests submitted by a lender or borrower to
DTC to reverse an initial delivery order). Although OCC had previously
processed such messages on a manual basis, system changes now enable
OCC to automatically process reclaim requests received from DTC on a
real-time basis throughout the day. As such, clearing members may now
view their positions in real-time, and perform transfers throughout the
day based on real-time position information. OCC system changes also
provide clearing members with additional mark-to-market rounding
flexibility, allowing clearing members to now round their mark-to-
market pay and collect amounts to decimals. Finally, the system changes
provide clearing members the ability to use sub-accounting
functionality that already exists for other products cleared by OCC. In
particular, the use of sub-accounting functionality allows a clearing
member to segregate individual accounts within its customer, firm, or
market-maker ranges, providing greater flexibility in how the clearing
member manages individual account positions and margin requirements.
    While these system changes and procedural changes increase the
efficiency and accuracy of the processes by which stock loan and borrow
transactions are processed and positions are maintained, OCC believes
they have

no impact on the substantive rights or obligations of OCC or any
clearing member.
Description of Rule Change
1. Designation of Accounts for Stock Loan Transactions and Transfers
Between Accounts
    The current versions of Rules 2201(a) and 2201A(a) describe a
process by which clearing members provide OCC with standing
instructions designating one or more accounts in which the clearing
member's stock loan and borrow positions may be carried. OCC is
amending these provisions to conform with recent system changes to the
Programs, as described in the Background section above. Under the
system changes, clearing members are required to designate one default
account, which can be any of the clearing member's accounts or sub-
accounts thereof (e.g., Customers', Firm, or Market Maker) that are
eligible under Article XXI, Section 5, Interpretation .01 of the By-
Laws to hold stock loan and borrow positions, to which the Corporation
can allocate new stock loan and borrow positions in the absence of
executable instructions from the clearing member to allocate the new
positions to a different account. When a clearing member effects a new
loan or borrow, the clearing member can designate an account (or a sub-
account thereof) to which the position is to be allocated. If, however,
there is no such designation, or the designation is invalid for any
reason, the position is allocated to the default account. The clearing
member may thereafter transfer stock loan or borrow positions among
eligible accounts by submitting an appropriate instruction to OCC.
    Interpretation .01 under each of Rule 2201 and Rule 2201A provides
details of the process by which a clearing member may transfer existing
stock loan or borrow positions (in whole or in part) among its accounts
and permits the clearing member to specify a sequence of accounts for
the allocation by OCC of its positions if the clearing member attempts
to transfer more or fewer shares than its end-of-day loan or borrow
position. Under the new system, in connection with a transfer of an
existing stock loan or borrow position, shares are taken from the
account or sub-account specified by the clearing member. If there are
not enough shares in a stock loan or borrow position in that account,
the transfer instruction will be rejected. The Corporation is revising
Interpretation .01 under Rules 2201 and 2201A to make it consistent
with this new system for processing transfers among accounts.
    Interpretation .01 to each of Rule 2201 and Rule 2201A also
currently uses the term ``allocated'' when describing how a clearing
member can move positions among its accounts. The Corporation is
changing the term ``allocate'' to ``transfer'' as ``transfer'' is a
more accurate description that distinguishes the process from the
initial ``allocation'' of a transaction to a designated account.
    With respect to returns of stock, Interpretation .02 under each of
Rule 2201 and Rule 2201A describes the current system which relies in
part upon the sequence of accounts specified by a clearing member
(referred to in the preceding paragraph) to allocate returns among the
clearing member's accounts with stock loan or borrow positions in the
returned stock. Under the new system, returns are reflected in the
clearing member's account or sub-account specified on the original
delivery order submitted by DTC. If there are not enough shares in the
position in that account, the excess shares to be returned are
reflected in the clearing member's default account. If there are not
enough shares in the applicable position in the default account, the
remaining shares are rejected and the return instruction is void to
that extent. If no account is designated in the DTC delivery order,
then shares are taken from the clearing member's default account and
any excess shares are rejected and the return instruction is void to
that extent. The Corporation is amending Interpretation .02 under Rules
2201 and 2201A to reflect the new process.
2. Reclaim Transactions
    Reclaim transactions are submitted to DTC by either the borrower
(to reclaim new loans) or the lender (to reclaim returns) to reverse
initial Delivery Orders (``DO'') for a variety of reasons (e.g., DK,
wrong quantity, wrong security, wrong money). When DTC receives a
reclaim for a previously submitted Stock Loan/Hedge transaction, DTC
attempts to match the reclaim to a DO from the same day. Previously,
this process occurred throughout the day at DTC, and OCC received only
a final positions file after all transactions were processed. As such,
the end-of-day file received by OCC did not contain information about
reclaims.
    OCC now receives messages in real-time from DTC, which include
reclaim transactions. Although OCC previously handled reclaim
transactions automatically, OCC's system changes now enable OCC to
process reclaims systemically. More specifically, OCC system changes
enable OCC to begin processing intra-day real-time messages, rather
than end-of-day batch files. Under the new process: (i) If OCC receives
a reclaim message, the system will attempt to match it to a new loan,
borrow or return that occurred that same day and, if a match is found,
the system will void the original transaction; (ii) OCC will reject any
attempted reclaim of a new loan, borrow or return done on a previous
day; and (iii) OCC will reject reclaims that create excess shares
(i.e., not enough shares in the account to reduce). Rejected reclaims
will not be processed, but will be provided to the clearing member
through an on-demand report listing rejected reclaims, along with the
basis for the rejection. In connection with reclaim transactions, OCC
proposes to include provisions in the Rules to provide certain
protections for OCC in the situation where DTC sends a notice to OCC to
reverse an initial DO. Specifically, the Corporation is adding to Rule
2202(b) a provision that, if OCC determines that it is able to process
a reclaim, OCC may disregard the initial DO and such DO shall be deemed
null and void and given no effect for purposes of OCC's By-Laws and
Rules. In addition, amended Rule 2202(b) would provide that OCC shall
have no obligation or liability to any clearing member in acting, or
failing to act, pursuant to a DTC notification to reverse an initial
DO. OCC may not process a reclaim for various reasons, including but
not limited to: (i) Securities that are not eligible for stock loan
transactions; (ii) invalid clearing member; or (iii) reclaim is
received not on the same day as the initial delivery order. Finally,
the Corporation is adding Interpretation .01 to Rule 2202 to provide
that although the Corporation now makes updated stock loan and borrow
position information available to each clearing member during a
business day, such updated position information is considered
provisional and informational only and is subject to revision at any
time, and that only the official daily position report may be relied
upon as definitely reflecting a clearing member's final stock loan and
borrow positions because positions may be altered during the day, for
example, to reflect reclaim transactions.
3. Margin-Ineligible Accounts and Stock Loan and Borrow Baskets
    The current By-Laws and Rules contain references to ``margin-
ineligible'' and ``margin-eligible'' accounts. As there are no longer
any margin-ineligible accounts (i.e., all stock loan and borrow
positions are now

included in margin calculations),\6\ the Corporation is removing
references to ``margin-ineligible'' and ``margin-eligible'' accounts
from the By-Laws and Rules.
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    \6\ Securities Exchange Act Release No. 59036 (Dec. 1, 2008), 73
FR 74554 (Dec. 8, 2008) (SR-OCC-2008-06).
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    The By-Laws and Rules also currently contain references to ``stock
loan baskets'' and ``stock borrow baskets.'' As OCC no longer allows
these products,\7\ the Corporation is removing references to ``stock
loan baskets'' and ``stock borrow baskets'' from the By-Laws and Rules.
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    \7\ Securities Exchange Act Release No. 34-47898 (May 21, 2003),
68 FR 32164 (May 29, 2003) (SR-OCC-2002-11).
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4. Receiver Authorized Delivery Processing
    DTC has made changes to its systems such that transactions that OCC
submits to DTC via the Market Loan Program will no longer be subject to
DTC's Receiver Authorized Delivery (``RAD'') processing.\8\ To ensure
that deliveries in the Market Loan Program flowed through to OCC
unimpeded, Interpretation .07A under Article V, Section 1 of the By-
Laws requires each clearing member that is a Market Loan Participant to
set its RAD limit to the highest level permitted under DTC's rules. DTC
has made system changes such that transactions that OCC submits to DTC
via the Market Loan Program will no longer be subject to RAD
processing. Accordingly, all transactions will flow through unimpeded
without the need for Market Loan Participants to set RAD limits.\9\ As
a result, OCC is removing Interpretation .07A under Article V, Section
1 of the By-Laws.
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    \8\ Securities Exchange Act Release No. 66179 (Jan. 18, 2012),
77 FR 3531 (Jan. 24, 2012) (SR-DTC-2011-08). RAD is generally a
control mechanism of DTC that allows users to review and either
approve or cancel incoming deliveries before they are processed to
avoid reclamations. DTC's system establishes a minimum RAD limit of
$15 million for delivery orders, and each firm is responsible for
setting its own RAD limits for each counterparty.
    \9\ Exclusion of Market Loan Program transactions from RAD
limits will in no way impede OCC's ability to manage risk of stock
loan and borrow positions because OCC never relied on the DTC RAD
limits as a risk management tool.
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    OCC believes the rule change is consistent with the purposes and
requirements of Section 17A of the Act because they are designed to
promote the prompt and accurate clearance and settlement of stock loan
and borrow transactions and to remove impediments to and perfect the
mechanism of a national system for the prompt and accurate clearance
and settlement of such transactions\10\ by automating processes that
had previously been performed manually and improving the allocation
process for stock loan and borrow positions of OCC members. The rule
change is not inconsistent with the existing rules of OCC, including
any other rules proposed to be amended.
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the rule change would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act.

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

    Written comments were not and are not intended to be solicited with
respect to the rule change and none have been received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) \11\ of the Act and Rule 19b-4(f)(4)(i) \12\
thereunder on the basis that the rule change effect a change in an
existing service of a registered clearing agency that does not
adversely affect the safeguarding of securities or funds in the custody
or control of the clearing agency or for which it is responsible and
does not significantly affect the respective rights or obligations of
the clearing agency or persons using the service. OCC will delay the
implementation of the rule change until it is deemed certified under
CFTC Regulation Sec.  40.6. At any time within 60 days of the filing of
the rule change, the Commission summarily may temporarily suspend such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.\13\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(4)(i).
    \13\ 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-OCC-2012-24 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2012-24. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the rule change that are filed with
the Commission, and all written communications relating to the rule
change between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of OCC and on OCC's Web site at
http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_12_24.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-OCC-2012-24
and should be submitted on or before January 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31463 Filed 12-31-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Page 40545]
[FR Doc No: 2013-16149]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent to Release Certain Properties from All Terms,
Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement
Between the City of Orlando and the Federal Aviation Administration for
the Orlando International Airport, Orlando, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The FAA hereby provides notice of intent to release certain
airport properties 0.422 acres at the Orlando International
Airport, Orlando, FL from the conditions, reservations, and
restrictions as contained in a Quitclaim Deed agreement between the FAA
and the City of Orlando, dated April 17, 1975. The release of property
will allow the City of Orlando to dispose of the property for other
than aeronautical purposes. The property is located near the corner of
Boggy Creek Road and Osceola Parkway. The parcel is currently
designated as Single Family Residential (RS-3). The property will be
released of its federal obligations to allow for the widening of Boggy
Creek Road. The fair market value of this parcel has been determined to
be $165,000.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Orlando International Airport
and the FAA Airports District Office.

DATES: Comments are due on or before AGC August 5, 2013.

ADDRESSES: Documents are available for review at Orlando International
Airport, and the FAA Airports District Office, 5950 Hazeltine National
Drive, Suite 400, Orlando, FL 32822. Written comments on the Sponsor's
request must be delivered or mailed to: Miguel A. Martinez, Program
Manager, Orlando Airports District Office, 5950 Hazeltine National
Drive, Suite 400, Orlando, FL 32822-5024.

FOR FURTHER INFORMATION CONTACT: Miguel A. Martinez, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

SUPPLEMENTARY INFORMATION:  Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

Bart Vernace,
Manager, Orlando Airports District Office, Southern Office, Southern
Region.
[FR Doc. 2013-16149 Filed 7-3-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58243-58244]
[FR Doc No: 2018-25177]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM19-6-000; AD19-7-000; AD19-8-000]

Hydroelectric Licensing Regulations Under America's Water
Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to
America's Water Infrastructure Act of 2018

    On October 23, 2018, the President signed America's Water
Infrastructure Act of 2018 (Act) into law. In addition to amending part
1 of the Federal Power Act as it relates to certain aspects of
preliminary permits, qualifying conduit hydropower facilities, and
hydropower licenses, the Act directs the Federal Regulatory Commission
(FERC or Commission) to:
    (1) Issue a rule not later than 180 days after the date of
enactment of the Act, establishing an expedited process for issuing and
amending licenses for qualifying facilities at existing nonpowered dams
that will seek to ensure a final decision by the Commission on an
application for a license no later than two years after receipt of a
completed application;
    (2) With the Secretary of the Army, the Secretary of the Interior,
and the Secretary of Agriculture, jointly develop a list of existing
nonpowered Federal dams that the Commission and the Secretaries agree
have the greatest potential for non-Federal hydropower development, and
make the list available to the public and provide the list to certain
Committees of the House of Representatives and the Senate not later
than 12 months after the date of enactment of the Act;
    (3) Issue a rule not later than 180 days after the date of
enactment of the Act, establishing an expedited process for issuing and
amending licenses for closed-loop pumped storage projects that will
seek to ensure a final decision by the Commission on an application for
a license by no later than two years after receipt of a completed
application; and
    (4) Hold a workshop not later than six months after the date of
enactment of the Act to explore potential opportunities for development
of closed-loop pumped storage projects at abandoned mine sites, and
issue guidance no later than one year after the date of enactment of
the Act to assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
    In establishing the expedited processes for issuing and amending
licenses for qualifying facilities at existing nonpowered dams and
closed-loop pumped storage projects, sections 3003 and 3004 of the Act
require the Commission to convene an interagency task force (ITF), with
appropriate federal and state agencies and Indian tribes represented,
to coordinate the regulatory processes associated with the
authorizations required to construct and operate these projects. By
concurrent notice, the Commission has invited federal and state
agencies and Indian tribes to request participation on the ITF by
filing a statement of interest with the Commission by November 29,
2018.
    The Commission has established three dockets in order to implement
the requirements of the Act: RM19-6-000 (Licensing Regulations under
America's Water Infrastructure Act of 2018); AD19-7-000 (Nonpowered
Dams List); and AD19-8-000 (Closed-loop Pumped Storage Projects at
Abandoned Mines Guidance).
    Because the Act requires the Commission to issue a rule
establishing the expedited licensing processes not later than 180 days
after the date of enactment of the Act, the Commission has established
a schedule with abbreviated deadlines. The schedule, which is subject
to change, is included below.

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

------------------------------------------------------------------------
November 29, 2018.................  Deadline for federal and state
                                     agencies and Indian tribes to file
                                     a statement requesting
                                     participation on the ITF.
December 12, 2018.................  Commission staff will hold
                                     coordination session for the ITF to
                                     discuss proposals for the expedited
                                     licensing processes.
January/February 2019.............  Commission staff will issue a Notice
                                     of Proposed Rulemaking (NOPR) for
                                     the expedited licensing processes.

February 2019.....................  Commission staff will hold a
                                     workshop for closed-loop pumped
                                     storage project at abandoned mine
                                     sites.
March 2019........................  NOPR public comment period will
                                     close.
April 2019........................  Commission will issue final rule for
                                     expedited processes.
April 2019........................  Commission staff will provide
                                     applicable federal agencies,
                                     including the Secretaries of Army,
                                     Interior, and Agriculture,
                                     Commission staff's draft list of
                                     existing nonpowered federal dams
                                     having the greatest potential for
                                     non-Federal hydropower development.
August 2019.......................  Commission staff will issue the
                                     final nonpowered Federal dams list.
September 2019....................  Commission staff will issue guidance
                                     for closed-loop pumped storage
                                     projects at abandoned mine sites.
------------------------------------------------------------------------

    For more information about this notice, please contact:

Shana Wiseman (RM19-6-000), Office of Energy Projects, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-8736, [email protected].
Kim Nguyen (AD19-7-000), Office of Energy Projects, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-6105, [email protected].
Monir Chowdhury (AD19-8-000), Office of Energy Projects, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-6736, [email protected].

    Dated: November 13, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25177 Filed 11-16-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]
[Page 37559-37560]
[DOCID:fr30jn06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-396-000]

Kaiser Francis Oil Company; Notice of Petition

June 23, 2006.
    Take notice that on June 20, 2006 Kaiser Francis Oil Company
(KFOC), 6733 S. York Avenue, Tulsa, Oklahoma 74136, filed a petition
for Exemption of Temporary Acts and Operations from Certificate
Requirements, pursuant to Rule 207(a)(5) of the Commission's Rules of
Practice and Procedure, 18 CFR 385.207(a)(5), and section 7(c)(1)(B) of
the Natural Gas Act, 15 U.S.C. 717(c)(1)(B), seeking approval of an
exemption from certificate requirements to perform temporary activities
related to drilling a test well and performing other activities to
assess the feasibility of developing an underground natural gas storage
facility in Cameron Parish, Louisiana, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

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

(202) 502-8659.
    Any questions regarding the petition should be directed to Mr. John
Boone, Kaiser Francis Oil Company, 6733 S. York Avenue, Tulsa, OK
74136, and Phone:<PHONE_NUMBER>; Fax<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, D.C. 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission

and must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    Persons who wish to comment only on the environmental review of
this project, or in support of or in opposition to this project, should
submit an original and two copies of their comments to the Secretary of
the Commission. Environmental commenters will be placed on the
Commission's environmental mailing list, will receive copies of the
environmental documents, and will be notified of meetings associated
with the Commission's environmental review process. Environmental
commenters will not be required to serve copies of filed documents on
all other parties. The Commission's rules require that persons filing
comments in opposition to the project provide copies of their protests
only to the applicant. However, the non-party commenters will not
receive copies of all documents filed by other parties or issued by the
Commission (except for the mailing of environmental documents issued by
the Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Comment Date: 5 p.m. Eastern Time July 14, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-10294 Filed 6-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Notices]
[Page 4257]
[DOCID:fr30ja07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2153-012 California]

United Water Conservation District; Notice of Availability of
Environmental Assessment

January 23, 2007.
    In accordance with the National Environmental Policy Act of 1969,
as amended, and Federal Energy Regulatory Commission (Commission or
FERC) regulations (18 CFR Part 380), Commission staff reviewed the
application for a minor license for the Santa Felicia Hydroelectric
Project and prepared this final environmental assessment (EA). The
project is located on Piru Creek in Ventura County, California. The
project occupies 174.5 acres of U.S. land that is administered by the
U.S. Department of Agriculture, Forest Service (Forest Service) in the
Los Padres and Angeles National Forests.
    Specifically, the project licensee, United Water Conservation
District, requested Commission approval of the Santa Felicia Project
for hydroelectric generation purposes. In the final EA, Commission
staff analyze the probable environmental effects of relicensing the
project and conclude that approval of the project, with appropriate
staff-recommended environmental measures, would not constitute a major
federal action significantly affecting the quality of the human
environment.
    Copies of the final EA are available for review in Public Reference
Room 2-A of the Commission's offices at 888 First Street, NE.,
Washington, DC. The EA also may be viewed on the Commission's Internet
Web site (http://www.ferc.gov) using the ``eLibrary'' link. Additional

information about the project is available from the Commission's Office
of External Affairs at<PHONE_NUMBER>, or on the Commission's Web site
using the eLibrary link. For assistance with eLibrary, contact
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>; for TTY

contact<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1365 Filed 1-29-07; 8:45 am]

BILLING CODE 6717-01-P


               Substantive Changes to Regulatory Impact Analysis                           In Response to OMB Comments                                 March 30, 2016

OMB Comment #1

Chapter 2: If possible, suggest adding a table with the annual tonnage or ton-miles of various classes of hazardous waste shipped per year (e.g. how many tons of radioactive waste, how many tons of petrochemical waste, etc).

Response:

Added the following footnote to p. 2-10 (immediately before Exhibit 2-5):

      This RIA did not identify any publicly-available, comprehensive data separating hazardous waste shipments by broad waste type category (e.g., radioactive waste vs. petrochemical waste vs. solvents, etc.). However, the 2011 RCRA Biennial Report provides identifying information on all generated hazardous waste, though it does not provide this information for the subset of this waste that is shipped. The 2011 RCRA Biennial report identifies a total of approximately 34 million tons of hazardous waste generated, of which approximately 20 million tons are characteristic hazardous wastes (i.e., ignitable, corrosive, reactive, toxic, or multiple such characteristics), approximately 4 million tons are listed hazardous wastes (i.e., non-specific source wastes such as solvents and other byproducts from manufacturing and industrial processes, source-specific wastes from petroleum refining, pesticide manufacturing, and other industries, and discarded commercial chemical products), and approximately another 10 million tons of generated hazardous waste with both characteristic and listed waste properties. The most common types of generated hazardous waste per the 2011 Biennial Report were: 1) characteristic hazardous wastes with corrosive and other characteristics, approximately 8 million tons; 2) characteristic hazardous wastes with organic constituents (waste codes D018 through D043) and other characteristics, approximately 8 million tons; 3) source-specific listed hazardous wastes with at least one characteristic, approximately 8 million tons, and characteristic hazardous wastes with organic constituents (waste codes D018 through D043) with at least one additional listed waste code, approximately 9 million tons. Note that these figures are not additive, as the first two categories above could include some of the same tons of waste. For additional information, see Exhibits 1.7 and 1.8 of the 2011 RCRA Biennial Report.

OMB Comment #2

Page 2-21, section 2.3. This section presents the carriers impacted by the rule but includes only trucking firms. If possible, suggest adding annual tonnage moved by truck, rail and barge to substantiate the claim that trucking is the dominant mode for transporting hazardous waste and hence inclusion of only that mode in the analysis is appropriate.

Response:

Added the following footnote to p. 2-22 (first paragraph of Section 2.1.3 Transporters):

      Per the Supporting Statement for Information Collection Request (ICR) Number 801.20 Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System, April 30, 2015, three percent of manifests accompany water shipments (i.e., shipments by barge) and six percent of manifests accompany rail shipments (i.e., shipments by train). This represents a small proportion (less than ten percent) of the overall universe of hazardous waste shipments requiring manifests. Additionally, as discussed in Chapter 5, this RIA uses the number of hazardous waste hauling trucks to estimate CROMERR compliance costs to industry; because there are likely to be considerably fewer rail and barge operators that must complete CROMERR registration relative to the number of truck drivers hauling hazardous waste shipments (both drivers and companies), additional CROMERR-related costs associated with hazardous waste shipments by truck and rail are expected to be minimal and are not estimated in this RIA. Note that this RIA estimates manifest costs associated with shipments of hazardous waste by barge and rail, including special requirements that apply only to these shipments  -  see Chapters 4 and 5 for additional detail.

OMB Comment #3

Page 5-42, section 5.9. This section lists stakeholders who might find use in accessing this data. PHMSA may be able to use this data to inform transportation incident risk so we recommend   adding "other Federal Agencies" to the list of stakeholders.

Response:

Revised the text as follows:

   EPA expects that electronic manifests will enhance many stakeholders' abilities to track and extract data on waste shipments by storing and distributing this data in a central, accessible location. EPA has identified six seven stakeholder groups that may benefit from better access to manifest shipping data:

 Members of industry that use the manifest for tracking waste shipments;  Federal and state government RCRA enforcement officials;  Emergency responders;  Foreign governments;  Research institutions; and  Communities near RCRA-regulated facilities; and  Other federal agencies.


[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19653-19655]
[FR Doc No: 2018-09106]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0125; Airspace Docket No. 18-AAL-5]
RIN 2120-AA66

Proposed Amendment of Class D and Class E Airspace, and
Revocation of Class E Airspace; Juneau, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D airspace, Class E
surface area airspace, Class E airspace extending upward from 700 feet
above the surface, and remove Class E airspace designated as an
extension at Juneau International Airport, Juneau, AK. Airspace
redesign is necessary as the FAA transitions from ground-based to
satellite-based navigation for the safety and management of instrument
flight rules (IFR) operations at the airport. This proposal would also
update the airport's geographic coordinates to match the FAA's
aeronautical database for the associated Class D and E airspace areas,
and would make an editorial change to the Class D airspace legal
description replacing Airport/Facility Directory with the term Chart
Supplement.

DATES: Comments must be received on or before June 18, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0125; Airspace Docket No. 18-AAL-5, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th St., Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend Class D and Class E airspace at Juneau International
Airport, Juneau, AK, in support of IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2018-0125; Airspace Docket No. 18-AAL-5) and be submitted in triplicate
to DOT Docket Operations (see ADDRESSES section for address and phone
number). Persons wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2018-0125; Airspace Docket No. 18-AAL-5.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
the comments received. A report summarizing each substantive public
contact with FAA personnel concerned with this rulemaking will be filed
in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday

through Friday, except federal holidays, at the Northwest Mountain
Regional Office of the Federal Aviation Administration, Air Traffic
Organization, Western Service Center, Operations Support Group, 2200 S
216th St., Des Moines, WA 98198-6547.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by enlarging Class D airspace and Class E
surface area airspace, removing Class E airspace designated as an
extension, and reducing Class E airspace extending upward from 700 feet
above the surface at Juneau International Airport, Juneau, AK. Also,
the airport geographic coordinates for the associated Class D and E
airspace areas would be updated to match the FAA's aeronautical
database.
    Class D airspace would be modified to within a 3-mile radius of
Juneau International Airport and within 2.5 miles each side of the
271[deg] bearing from the airport extending from the 3-mile radius to
5.2 miles west of the airport, and within 1.0 mile southwest and 2.6
miles northeast of the airport 135[deg] bearing extending from the
airport 3-mile radius to 5 miles southeast of the airport, excluding
that airspace below 2,000 feet MSL within the area bounded by a line
beginning at lat. 58[deg]19'35'' N, long. 134[deg]24'31'' W, to lat.
58[deg]19'02'' N, long. 134[deg]25'33'' W, to lat. 58[deg]20'16'' N,
long. 134[deg]27'28'' W, to lat. 58[deg]20'34'' N, long.
134[deg]26'22'' W, thence to the point of beginning. The extended areas
to the west and southeast of the airport would contain IFR departures
and arrivals. A small area within the extended area to the southeast
near Salmon Creek would be excluded from Class D airspace below 2,000
feet MSL to ensure 2-way radio communication with the Juneau Airport
Traffic Control Tower is possible prior to entering Class D airspace
from that area.
    Class E surface area airspace would be modified to be coincident
with the Class D airspace area described above.
    Class E airspace designated as an extension would be removed since
the proposed Class D airspace would contain arrival aircraft within
1,000 feet of the surface, and a Class E arrival extension would not be
required.
    Class E airspace extending upward from 700 feet above the surface
would be modified to a polygon approximately 12-18 miles wide by 42-
miles long (from approximately 48 miles wide by 70 miles long) oriented
northwest to southeast (from west to east). The area would be defined
as that airspace upward from 700 feet above the surface within the area
bounded by a line beginning at lat. 58[deg]27'33'' N, long.
134[deg]37'40'' W, to lat. 58[deg]13'13'' N, long. 134[deg]11'51'' W,
to lat. 58[deg]05'59'' N, long. 134[deg]21'04'' W, to lat.
58[deg]10'51'' N, long. 134[deg]59'18'' W, to lat. 58[deg]23'41'' N,
long. 135[deg]31'13'' W, to lat. 58[deg]32'22'' N, long.
135[deg]18'32'' W, to lat. 58[deg]27'17'' N, long. 135[deg]01'27'' W,
thence to the point of beginning. This modification would reduce the
airspace area to only that area necessary to contain IFR operations as
they transition between the airport and en route environments. Also,
Class E airspace extending upward from 1,200 feet above the surface
designated for Juneau International Airport would be removed since this
airspace is wholly contained within the Southeast Alaska Class E en
route airspace, and duplication is not necessary.
    This proposal would also make an editorial change to the Class D
airspace legal description replacing Airport/Facility Directory with
the term Chart Supplement.
    A graphic illustration of the proposed airspace will be entered
into Docket No. FAA-2018-0125, and be available for download under the
``Supporting/Related Materials'' section.
    Class E airspace designations are published in paragraph 5000,
6002, 6004, and 6005, respectively, of FAA Order 7400.11B, dated August
3, 2017 and effective September 15, 2017, which is incorporated by
reference in 14 CFR 71.1. The Class D and Class E airspace designation
listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
 1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AAL AK D Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 3-mile radius of Juneau International
Airport, and within 2.5 miles each side of the 271[deg] bearing from
the airport extending from the 3-mile radius to 5.2 miles west of
the airport, and within 1.0 mile southwest and 2.6 miles northeast
of the airport 135[deg] bearing extending from the airport 3-mile
radius to 5 miles southeast of the airport, excluding that airspace
below 2,000 feet MSL within the area bounded by a line beginning at
lat. 58[deg]19'35'' N, long. 134[deg]24'31'' W, to lat.
58[deg]19'02'' N, long. 134[deg]25'33'' W, to lat. 58[deg]20'16'' N,
long. 134[deg]27'28'' W, to lat. 58[deg]20'34'' N, long.

134[deg]26'22'' W, thence to the point of beginning. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AAL AK E2 Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace extending upward from the surface within a 3-mile
radius of Juneau International Airport, and within 2.5 miles each
side of the 271[deg] bearing from the airport extending from the 3-
mile radius to 5.2 miles west of the airport, and within 1.0 mile
southwest and 2.6 miles northeast of the airport 135[deg] bearing
extending from the airport 3-mile radius to 5 miles southeast of the
airport, excluding that airspace below 2,000 feet MSL within the
area bounded by a line beginning at lat. 58[deg]19'35'' N, long.
134[deg]24'31'' W, to lat. 58[deg]19'02'' N, long. 134[deg]25'33''
W, to lat. 58[deg]20'16'' N, long. 134[deg]27'28'' W, to lat.
58[deg]20'34'' N, long. 134[deg]26'22'' W, thence to the point of
beginning. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.

* * * * *

AAL AK E4 Juneau, AK [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace upward from 700 feet above the surface within the
area bounded by a line beginning at lat. 58[deg]27'33'' N, long.
134[deg]37'40'' W, to lat. 58[deg]13'13'' N, long. 134[deg]11'51''
W, to lat. 58[deg]05'59'' N, long. 134[deg]21'04'' W, to lat.
58[deg]10'51'' N, long. 134[deg]59'18'' W, to lat. 58[deg]23'41'' N,
long. 135[deg]31'13'' W, to lat. 58[deg]32'22'' N, long.
135[deg]18'32'' W, to lat. 58[deg]27'17'' N, long. 135[deg]01'27''
W, thence to the point of beginning.

    Issued in Seattle, Washington, on April 23, 2018.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-09106 Filed 5-3-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Rules and Regulations]
[Page 18161-18162]
[DOCID:fr03ap08-8]

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

40 CFR Part 49

[EPA-R10-OAR-2008-0130; FRL-8549-2]

Announcement of the Delegation of Partial Administrative
Authority for Implementation of Federal Implementation Plan for the
Quinault Reservation to the Quinault Indian Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority; technical amendment.

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SUMMARY: This action announces that on October 4, 2007, EPA Region 10,
and the Quinault Indian Nation, entered into a Partial Delegation of
Administrative Authority to carry out certain day-to-day activities
associated with implementation of the Federal Implementation Plan for
the Quinault Reservation (Quinault FIP). A note of this partial
delegation is being added to the Quinault FIP.

DATES: The technical amendment to 49 CFR 49.10590 is effective April 3,
2008. The partial delegation of administrative authority was effective
October 4, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2008-0130. The delegation agreement and other docket
materials are available electronically at EPA's electronic public
docket and comment system, found at www.regulations.gov or in hard copy
from Steve Body, Office of Air Waste and Toxics, AWT-107, EPA Region
10, Suite 900, 1200 Sixth Avenue, Seattle, WA 98101, or via e-mail at
<EMAIL_ADDRESS>Additional information may also be obtained from
the Quinault Tribe by contacting Lisa Riener, Ouinault Indian Nation,
1214 Aslis St. Taholah, WA 98569 or via e-mail at<EMAIL_ADDRESS>    All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Office of Air, Waste
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, Washington
98101.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number (206)
553-0782, e-mail address<EMAIL_ADDRESS>or the EPA Region 10
address.

SUPPLEMENTARY INFORMATION: The purpose of this action is to announce
that on October 4, 2007, EPA Region 10, delegated partial
administrative authority for implementation of certain provisions of
the Quinault FIP to the Quinault Indian Nation. See 40 CFR part 49,
subpart M, sections 10581 through 10590, as authorized by 40 CFR 49.122
of the Federal Air Rules for Reservations (FARR), 40 CFR part 49,
subpart C.

I. Authority to Delegate

    Federal regulation 40 CFR 49.122 provides EPA authority to delegate
to Indian Tribes partial administrative authority to implement
provisions of the Federal Air Rules for Reservations (FARR), 40 CFR
part 49, subpart C. Tribes must submit a request to the Regional
Administrator that meets the requirements of 40 CFR 49.122.

II. Request for Delegation

    On July 25, 2006, the President of the Quinault Indian Nation
submitted to the Regional Administrator a request for delegation of
certain provision of the Quinault FIP. That request included all the
information and demonstrations required by the FARR for delegation. A
copy of all documentation is on file at EPA Region 10, Seattle,
Washington (see ADDRESSES above).
    The Quinault Indian Nation requested delegation for the following
provisions; 40 CFR 49.10590 (a) General provisions, 40 CFR 49.10586 (b)
Rule for limiting visible emissions, 40 CFR 49.10586 (g) General rule
for open burning, and 40 CFR 49.10586 (i) Rule for air pollution
episodes.

III. EPA Response to the Request for Delegation

    EPA and the Quinault Indian Nation signed the Delegation Agreement
that specifies the provisions and authorities delegated. The Quinault
Indian Nation is delegated the following provisions; 40 CFR 49.10590
(a) General provisions, 40 CFR 49.10586 (b) Rule for limiting visible
emissions, 40 CFR 49.10586 (g) General rule for open burning, and 40
CFR 49.10586 (i) Rule for air pollution episodes. In addition, the
agreement delegates to the Tribe authority to investigate complaints
and assist EPA in inspections. The Agreement also includes terms and
conditions applicable to the delegation. A copy of the Agreement is
kept at EPA Region 10 at the address above.
    EPA solicited by letter, advice and insight from the State of
Washington, Grays Harbor County, Jefferson County Olympic National
Park, and the Olympic National Forest on the Quinault request for
delegation. One comment supporting delegation was received.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is merely informing
the public of partial delegation of administrative authority to the
Quinault Indian Nation and making a technical amendment to the Code of
Federal Regulations (CFR) by adding a note announcing the partial
delegation. Thus, notice and public procedure are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
    Moreover, since today's action does not create any new regulatory
requirements, EPA finds that good cause exists to provide for an
immediate effective date pursuant to 5 U.S.C. 553(d)(3).

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For

this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely makes a technical amendment and gives notice of a partial
delegation of administrative authority. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This rule 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).
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.'' Under section 5(b) of Executive
Order 13175, EPA may not issue a regulation that has tribal
implications, that imposes substantial direct compliance costs, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
tribal governments, or EPA consults with tribal officials early in the
process of developing the proposed regulation. Under section 5(c) of
Executive Order 13175, EPA may not issue a regulation that has tribal
implications and that preempts tribal law, unless the Agency consults
with tribal officials early in the process of developing the
regulation. EPA has concluded that this rule may have tribal
implications. EPA's action fulfills a requirement to publish a notice
announcing partial delegation of administrative authority to the
Quinault Indian Nation and noting the partial delegation in the CFR.
However, it will neither impose substantial direct compliance costs on
tribal governments, nor preempt tribal law. Thus, the requirements of
sections 5(b) and 5(c) of the Executive Order do not apply to this
rule.
    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This technical amendment merely notes that partial
delegation of administrative authority to the Quinault Indian Nation is
in effect. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    This action does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 2, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 49

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

    Dated: March 14, 2008.
Elin D. Miller,
Regional Administrator, Region 10.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 49--[AMENDED]

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart M--[Amended]

0
2. Section 49.10590 is amended by adding a note to the end of the
section to read as follows:

Sec.  49.10590  Federally-promulgated regulations and Federal
implementation plans.

* * * * *

    Note to Sec.  49.10590: EPA entered into a Partial Delegation of
Administrative Authority with the Quinault Indian Nation on October
4, 2007 for the rules listed in paragraphs (b), (g), and (i) of this
section.

 [FR Doc. E8-6669 Filed 4-2-08; 8:45 am]

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