[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Notices]
[Page 1224-1225]
[DOCID:fr10ja07-43]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0255; FRL-8110-7]

Pesticide Program Dialogue Committee Performance Measures Work
Group; Notice of Public Meeting

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  EPA's Pesticide Program Dialogue Committee (PPDC) Performance
Measures Workgroup will hold a public meeting on January 30, 2007. An
agenda for this meeting is being developed and will be posted on EPA's
website. The work group is developing advice and recommendations
concerning performance management measures for EPA's pesticide program.

DATES:  The meeting will be held on Tuesday, January 30, 2007, from 11
a.m. to 1 p.m.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATION CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES:  The meeting will be held at Room N-4830, One Potomac Yard
(North Building), 2777 S. Crystal Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT:  Sherry Sterling, 7501P, Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
particular interest to persons who work in agricultural settings or
persons who are concerned about implementation of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Federal Food,
Drug, and Cosmetic Act (FFDCA); and the amendments to both of these
major pesticide laws by the Food Quality Protection Act (FQPA) of 1996.
Potentially affected entities may include, but are not limited to:
Agricultural workers and farmers; pesticide industry and trade
associations; environmental, consumer, and farmworker groups; pesticide
users and growers; pest consultants; State, local and Tribal
governments; academia; public health organizations; food processors;
and the public. If you have questions regarding the applicability of
this action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number EPA-HQ-OPP-2005-0255.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the Office of Pesticide Programs (OPP) Regulatory
Public Docket in Room S-4400, One Potomac Yard (South Building), 2777
S. Crystal Drive, Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under theFederal Register
listings at http://www.epa.gov/fedrgstr.

II. Background

    The Office of Pesticide Programs is entrusted with the
responsibility to help ensure the safety of the American food supply,
the education and protection from unreasonable risk of those who apply
or are exposed to pesticides occupationally or through use of products,
and general protection of the

environment and special ecosystems from potential risks posed by
pesticides.
    The PPDC was established under the Federal Advisory Committee Act
(FACA), Public Law 92-463, in September 1995 for a 2-year term and has
been renewed every 2 years since that time. PPDC provides advice and
recommendations to OPP on a broad range of pesticide regulatory,
policy, and program implementation issues that are associated with
evaluating and reducing risks from the use of pesticides. The following
sectors are represented on the PPDC: Pesticide industry and trade
associations; environmental/public interest and consumer groups; farm
worker organizations; pesticide user, grower and commodity groups;
Federal and State/local/Tribal governments; the general public;
academia; and public health organizations. Copies of the PPDC charter
are filed with appropriate committees of Congress and the Library of
Congress and are available upon request.

III. How Can I Request to Participate in this Meeting?

    PPDC meetings are open to the public and seating is available on a
first-come basis. Persons interested in attending do not need to
register in advance of the meeting. Opportunity will be provided for
questions and comments by the public. Any person who wishes to file a
written statement may do so before or after the meeting by giving a
copy of the statement to the person listed under FOR FURTHER
INFORMATION CONTACT. These statements will become part of the permanent
record and will be available for public inspection at the address
listed under Unit 1.B.1. Do not submit any information in your request
that is considered confidential business information.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATION CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

List of Subjects

    Environmental protection, Agricultural workers, Agriculture,
Chemicals, Foods, Pesticides, Pests, Public health, Risk assessment,
Tolerance reassessment.

    Dated: December 29, 2006.
Marty Monell,
Acting Director, Office of Pesticide Programs.
[FR Doc. E7-89 Filed 1-9-07 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33568-33570]
[FR Doc No: 2020-11944]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0274]
RIN 1625-AA00

Safety Zone; Tug Valerie B and Barge Kokosing IV operating in the
Straits of Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable water within a 500-yard radius of a tug and barge in the
Straits of Mackinac. The safety zone is needed to protect personnel,
vessels, and the marine environment from the potential hazards created
by the work, inspection, surveying and the removal of cables for the
Straits of Mackinac. Entry of vessels or persons into the zone is
prohibited unless specifically authorized by the Captain of the Port
Sault Sainte Marie or their designated representive.

DATES: This rule is effective without actual notice from June 2, 2020
through September 15, 2020. For the purposes of enforcement, actual
notice will be issued from June 10, 2020, through June 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0274 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Robert A. Gruschow, Sector Sault Sainte Marie
Waterways Management Division, U.S. Coast Guard at<PHONE_NUMBER> or
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details of the specific dates, vessels names, and safety zone
distances concerning the safety zones were not finalized within a
sufficient time to allow for notice and a subsequent 30-day comment
period before work, inspection, surveying and removal of multiple
cables. Delaying this rule to allow for a notice and comment period
would be impracticable because it would inhibit the Coast Guard's
ability to protect the public from the potential hazards associated
with aforementioned operation commencing on June 10, 2020.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with the work, inspections, and
surveying of underwater infrastructure.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with the
work, inspection, and surveying of underwater infrastructure in the
Straits of Mackinac starting June 10, 2020, will be a safety concern
for anyone within a 500-yard radius of the tug and barge. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the operation is
conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from June 10, 2020, to
September 15, 2020. The safety zone will cover all navigable waters
within 500 yards of a tug and barge being used to work, inspect, survey
and remove cables in the Straits of Mackinac. The duration of the zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the operation is conducted. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and
location of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which would impact a small designated
area of the Straits of Mackinac. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination

with Indian Tribal Governments, because it does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within 500 yards of a tug and
barge used to work, inspect, survey and remove cables in the Straits of
Mackinac. It is categorically excluded from further review under
paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0274 to read as follows:

Sec.  165.T09-0274   Safety Zone; Tug Valerie B and Barge Kokosing IV
operating in the Straits of Mackinac, MI.

    (a) Location. The following areas are safety zones: All navigable
water within 500 yards of the Tug Valerie B and Barge Kokosing IV while
conducting work, inspection, surveying and removing cables in the
Straits of Mackinac.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) is prohibited unless authorized by the
Captain of the Port, Sault Sainte Marie or his designated
representative.
    (2) Before a vessel operator may enter or operate within the safety
zones, they must obtain permission from the Captain of the Port, Sault
Sainte Marie, or his designated representative via VHF Channel 16 or
telephone at<PHONE_NUMBER>. Vessel operators given permission to enter
or operate in the safety zone must comply with all orders given to them
by the Captain of the Port, Sault Sainte Marie or his designated
representative.
    (d) Enforcement period. This section will be enforced from June 10,
2020 to September 15, 2020.

    Dated: May 28, 2020.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2020-11944 Filed 6-1-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Page 1525]
[FR Doc No: 2019-00805]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84982; File No. SR-FINRA-2018-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Designation of a Longer Period for
Commission Action on a Proposed Rule Change Relating to FINRA Rule 4570
(Custodian of Books and Records)

January 11, 2019.
    On November 15, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change relating to FINRA Rule 4570 (Custodian of Books
and Records). The proposed rule change was published for comment in the
Federal Register on November 30, 2018.\3\ The Commission has received
no comment letters regarding the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84646 (November 26,
2018), 83 FR 61689.
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    Section 19(b)(2) of the Act\4\ provides that, within 45 days of
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it find such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is January 14, 2019. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change.\5\ Accordingly,
the Commission, pursuant to Section 19(b)(2) of the Act,\6\ designates
February 28, 2019, as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-FINRA-2018-39).
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    \5\ We also note that by letter dated December 27, 2018, FINRA
consented to extending to February 28, 2019 the time period for
Commission action on SR-FINRA-2018-039. See http://www.finra.org/sites/default/f2018-39-Extension-1.pdf.
    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2019-00805 Filed 2-1-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45292-45294]
[FR Doc No: 2020-16231]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent of Waiver With Respect to Land; Freeman
Municipal Airport, Seymour, IN

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice.

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SUMMARY: The FAA is considering a proposal to change 6.592 acres of
airport land from aeronautical use to non-aeronautical use and to
authorize the sale of airport property located at Freeman Municipal
Airport, Seymour, IN. The aforementioned land is not needed for
aeronautical use. The land is located in the northeast portion of the
airport just east of Airport Access Road and north of the Runway 23
runway protection zone. This is vacant land and is proposed to be sold
to the City of Seymour for the construction of Burkhart Boulevard.

DATES: Comments must be received on or before August 26, 2020.

ADDRESSES: Documents are available for review by appointment at the FAA
Chicago Airports District Office, Victor Iniguez, Program Manager, 2300
East Devon Ave., Des Plaines, IL 60018 Telephone:<PHONE_NUMBER>/Fax:
(847) 294-7046.
    Written comments on the Sponsor's request must be delivered or
mailed to: Victor Iniguez, Program Manager, Federal Aviation
Administration, Chicago Airports District Office, 2300 East Devon Ave.,
Des Plaines, IL 60018, Telephone Number:<PHONE_NUMBER>/FAX Number:
(847) 294-7046.

FOR FURTHER INFORMATION CONTACT: Victor Iniguez, Program Manager,
Federal Aviation Administration, Chicago Airports District Office, 2300
East Devon Ave., Des Plaines, IL. Telephone Number:<PHONE_NUMBER>/FAX
Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    There is no current or future aeronautical need for the subject
land. It is currently vacant land used for agricultural and open space.
The land is surplus property from the U.S. Government that was
transferred to the Seymour Aviation Commission (later to become the
Seymour Municipal Airport Authority) on November 30, 1948. The proposed
use of the land is for the construction of Burkhart Boulevard. The
airport will receive fair market value for the sale of this land.
    The disposition of proceeds from the sale of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the

Federal Register on February 16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Freeman Municipal Airport, Seymour,
IN, from federal land covenants, subject to a reservation for
continuing right of flight as well as restrictions on the released
property as required in FAA Order 5190.6B section 22.16. Approval does
not constitute a commitment by the FAA to financially assist in the
disposal of the subject airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.

Parcel 1

    A part of the Northeast Quarter of the Northeast Quarter of Section
25, Township 6 North, Range 5 East, Jackson County, Indiana, and being
that part of the grantor's land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked EXHIBIT
``B'', described as follows: Commencing at the Northeast corner of
Section 25, Township 6 North, Range 5 East, on the North boundary line,
thence South 88 degrees 40 minutes West on said section line for a
distance of 217.1 feet to a point marked with an iron pin, thence South
0 degrees 49 minutes East for a distance of 344.3 feet (the foregoing
portion of this description beginning with the words ``at the
Northeast'' is quoted from Deed Record 93, page 405) to the centerline
of G Avenue and to the point of beginning of this description, said
point of beginning being a corner of a 2,234.25-acre tract of land
described in Deed Record 93, page 405: Thence South 89 degrees 09
minutes 48 seconds West 140.83 feet along said centerline; thence North
2 degrees 22 minutes 06 seconds West 16.62 feet to point ``627''
designated on said plat; thence North 81 degrees 46 minutes 55 seconds
East 54.18 feet to point ``626'' designated on said plat; thence North
88 degrees 37 minutes 01 second East 37.01 feet to point ``625''
designated on said plat; thence North 78 degrees 19 minutes 23 seconds
East 51.61 feet to the west line of said 2,234.25-acre tract of land;
thence South 0 degrees 34 minutes 44 seconds East 33.63 feet along the
west line to the point of beginning and containing 0.078 acres, more or
less, inclusive of the presently existing right of way, which contains
0.026 acres, more or less.

Parcel 1A

    A part of the Northeast Quarter of the Northeast Quarter of Section
25, Township 6 North, Range 5 East, Jackson County, Indiana, and being
that part of the grantor's land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked EXHIBIT
``B'', described as follows: Beginning at the northeast corner of said
section, said northeast corner being designated as point ``10131'' on
said plat; thence South 0 degrees 12 minutes 35 seconds East 344.46
feet along the east line of said section to the centerline of G Avenue;
thence South 89 degrees 09 minutes 48 seconds West 214.87 feet along
said centerline to a corner of a 2,234.25-acre tract of land described
in Deed Record 93, page 405; thence North 0 degrees 34 minutes 44
seconds West 33.63 feet along the west line of said 2,234.25-acre tract
of land; thence North 78 degrees 19 minutes 23 seconds East 138.44 feet
to point ``624'' designated on said plat; thence North 36 degrees 03
minutes 13 seconds East 17.53 feet to point ``623'' designated on said
plat; thence North 0 degrees 52 minutes 43 seconds West 173.01 feet to
point ``622'' designated on said plat; thence North 3 degrees 40
minutes 01 second East 49.00 feet to the west boundary of Airport Road
(First Avenue) at point ``621'' designated on said plat; thence North 0
degrees 30 minutes 40 seconds West 48.47 feet along the boundary of
said Airport Road (First Avenue) to the north line of said section;
thence North 88 degrees 47 minutes 57 seconds East 68.00 feet along
said north line to the point of beginning and containing 0.710 acres,
more or less, inclusive of the presently existing right of way, which
contains 0.325 acres, more or less.

Parcel 24

    A part of the Northwest Quarter of Section 30, Township 6 North,
Range 6 East, Jackson County, Indiana, and being that part of the
grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described as
follows: Beginning at a point on the west line of said section South 0
degrees 25 minutes 41 seconds East 399.12 feet from the northwest
corner of said section, said point of beginning being the intersection
of said west line with the prolonged south line of a 1.427-acre tract
of land described in Deed Record 273, page 22; thence South 89 degrees
34 minutes 39 seconds East 63.37 feet along said prolonged south line
and along the south line of said 1.427-acre tract of land; thence South
8 degrees 25 minutes 32 seconds East 43.76 feet to point ``617''
designated on said plat; thence South 28 degrees 45 minutes 04 seconds
East 56.82 feet to point ``616'' designated on said plat; thence South
66 degrees 43 minutes 58 seconds East 98.68 feet to point ``615''
designated on said plat; thence North 88 degrees 02 minutes 46 seconds
East 251.05 feet to point ``614'' designated on said plat; thence North
89 degrees 11 minutes 14 seconds East 128.83 feet to the east line of
the grantor's land; thence South 0 degrees 45 minutes 05 seconds East
105.77 feet along said east line to the centerline of G Avenue; thence
South 89 degrees 24 minutes 05 seconds West 568.05 feet along said
centerline to the west line of said section; thence North 0 degrees 12
minutes 35 seconds West 233.86 feet along said west line to the point
of beginning and containing 1.623 acres, more or less, inclusive of the
presently existing right of way, which contains 0.192 acres, more or
less.

Parcel 25

    A part of Lot 1, in Freeman Municipal Airport Industrial Park, a
subdivision in the West Half of Section 30, Township 6 North, Range 6
East, and the Southeast Quarter of Section 25, Township 6 North, Range
5 East, the plat of which is recorded in Plat Book 6, page 2, in the
Office of the Recorder of Jackson County, Indiana, and being that part
of the grantor's land lying within the right of way lines depicted on
the attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described
as follows: Beginning at the northwest corner of said lot; thence North
89 degrees 24 minutes 05 seconds East 231.44 feet along the north line
of said lot to point ``512'' designated on said parcel plat; thence
South 0 degrees 48 minutes 46 seconds East 15.75 feet to point ``511''
designated on said parcel plat; thence South 88 degrees 00 minutes 44
seconds West 78.01 feet to point ``510'' designated on said parcel
plat; thence South 86 degrees 42 minutes 08 seconds West 146.21 feet to
point ``509'' designated on said parcel plat; thence South 0 degrees 36
minutes 26 seconds East 229.00 feet to point ``508'' designated on said
parcel plat; thence South 89 degrees 37 minutes 05 seconds West 7.505
feet to the west line of said lot at point ``507'' designated on said
parcel plat; thence North 0 degrees 35 minutes 55 seconds West 253.50
feet along said west to the point of beginning and containing 0.144
acres, more or less.

Parcel 26

    A part of Lot 4, in Freeman Municipal Airport Industrial Park, a
subdivision in the West Half of Section 30, Township 6 North, Range 6
East, and the Southeast Quarter of Section 25, Township 6 North, Range
5 East, the plat of which is recorded in Plat Book 6, page 2, in the
Office of the Recorder of Jackson County, Indiana, and being that part
of

the grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described as
follows: Beginning at the northeast corner of said lot; thence South 0
degrees 35 minutes 55 seconds East 22.02 feet along the east line of
said lot to point ``515'' designated on said parcel plat; thence
Westerly 314.79 feet along an arc to the left and having a radius of
4,040.00 feet and subtended by a long chord having a bearing of North
88 degrees 20 minutes 08 seconds West and a length of 314.72 feet to
the west line of said lot; thence North 0 degrees 35 minutes 55 seconds
West 9.60 feet along said west line to the northwest corner of said
lot; thence North 89 degrees 24 minutes 05 seconds East 314.47 feet
along the north line of said lot to the point of beginning and
containing 0.099 acres, more or less.

Parcel 27

    A part of the Northeast Quarter of Section 30, Township 6 North,
Range 6 East, Jackson County, Indiana, and being that part of the
grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described as
follows: Beginning at a point on the east line of said section North 1
degree 21 minutes 22 seconds West 447.85 feet from the southeast corner
of said quarter section, said southeast corner being designated as
point ``10106'' on said plat; thence South 45 degrees 16 minutes 05
seconds West 124.67 feet; thence North 21 degree 06 minutes 34 seconds
West 123.55 feet to point ``520'' designated on said plat; thence South
88 degrees 48 minutes 26 seconds West 69.02 feet to point ``519''
designated on said plat; thence Northwesterly 737.90 feet along an arc
to the right and having a radius of 1,260.00 feet and subtended by a
long chord having a bearing of North 74 degrees 24 minutes 57 seconds
West and a length of 727.40 feet to the northwestern line of the
grantor's land; thence North 45 degrees 17 minutes 57 seconds East
154.46 feet along said northwestern line; thence Southeasterly 615.46
feet along an arc to the left and having a radius of 1,110.00 feet and
subtended by a long chord having a bearing of South 75 degrees 18
minutes 30 seconds East and a length of 607.61 feet to point ``610''
designated on said plat; thence North 88 degrees 48 minutes 26 seconds
East 120.02 feet to point ``609'' designated on said plat; thence North
8 degrees 00 minutes 09 seconds East 139.41 feet to the south line of a
5.132-acre tract of land described in Miscellaneous Record Y, page 365;
thence North 88 degrees 43 minutes 38 seconds East 58.28 feet along
said south line and along the prolonged south line of said 5.132-acre
tract to the east line of said section; thence South 1 degree 21
minutes 22 seconds East 317.98 feet along said east line to the point
of beginning and containing 3.451 acres, more or less, inclusive of the
presently existing right of way, which contains 0.181 acres, more or
less.

Parcel 27A

    A part of the Northeast Quarter of Section 30, Township 6 North,
Range 6 East, Jackson County, Indiana, and being that part of the
grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described as
follows: Beginning at a point on the east line of said section North 1
degree 21 minutes 22 seconds West 193.13 feet from the southeast corner
of said quarter section, said southeast corner being designated as
point ``10106'' on said plat; thence South 88 degrees 38 minutes 38
seconds West 29.90 feet to point ``521'' designated on said plat;
thence North 21 degrees 06 minutes 34 seconds West 179.67 feet; thence
North 45 degrees 16 minutes 05 seconds East 124.67 feet to the east
line of said section; thence South 1 degree 21 minutes 22 seconds East
254.72 feet along said east line to the point of beginning and
containing 0.323 acres, more or less, inclusive of the presently
existing right of way, which contains 0.134 acres, more or less.

Parcel 28

    A part of the Northeast Quarter of Section 30, Township 6 North,
Range 6 East, Jackson County, Indiana, and being that part of the
grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked EXHIBIT ``B'', described as
follows: Beginning at a point on the east line of said section North 1
degree 21 minutes 22 seconds West 765.82 feet from the southeast corner
of said quarter section, said southeast corner being designated as
point ``10106'' on said plat, said point of beginning being the
intersection of said east line with the prolonged south line of a
5.132-acre tract of land described in Miscellaneous Record Y, page 365;
thence South 88 degrees 43 minutes 38 seconds West 58.28 feet along
said prolonged south line and along the south line of said 5.132-acre
tract of land; thence North 8 degrees 00 minutes 09 seconds East 174.54
feet to point ``608'' designated on said plat; thence North 88 degrees
38 minutes 38 seconds East 29.90 feet to the east line of said section;
thence South 1 degree 21 minutes 22 seconds East 172.31 feet along said
east line to the point of beginning and containing 0.174 acres, more or
less, inclusive of the presently existing right of way, which contains
0.095 acres, more or less.

    Issued in Des Plaines, IL on July 22, 2020.
Debra L Bartell,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2020-16231 Filed 7-24-20; 8:45 am]
BILLING CODE 4910-13-P


Memorandum From: Carey A. Johnston, P. E. USEPA/ OW/ OST ph: ( 202) 566 1014 johnston. carey@ epa. gov To: Toxics Release Inventory Reporting Forms Modification Rule Dockets EPA Docket Numbers: TRI 2004 0001 & TRI 2002 0001 Thru: Lynn Zipf, OW Workgroup Chair Date: June 9, 2005 Re: Impact of Release Inventory Reporting Forms Modification Rule on the Effluent Guidelines Planning Process Under Section 304( b), the Clean Water Act directs EPA to develop national technology based regulations placing limits on the pollutants that are discharged by categories of industry to surface waters ( termed " effluent guidelines") or to sewage treatment plants ( termed " pretreatment standards"). Pretreatment standards ensure that pollutants do not pass through or interfere with the safe and effective operation of these treatment plants. The Act also directs EPA to develop national technology based regulations ( termed " new source performance standards") for new industrial facilities.

Under Section 304( m), the Clean Water Act also requires EPA to publish a biennial plan establishing a schedule for the annual review and revision of existing effluent guidelines and identify industries discharging more than trivial amounts of toxic or " non conventional" pollutants, such as nutrients, for which the Agency has not yet promulgated effluent guidelines. EPA must establish a schedule for completing effluent guidelines for these ` newly identified' industries within three years.

Integral to EPA's review of existing effluent guidelines and the development of the biennial plan is the use of TRI data. EPA compiles data taken from TRI, the adjusted releases from publicly owned treatment works ( POTWs) to surface waters ( in pounds), the associated toxicity of the pollutants discharged and the relationship between SIC codes and effluent guidelines point source category into a database. EPA used this database for priority setting in its annual review and development of the 2004 Plan.

EPA's Office of Water reviewed the January 10, 2005 ( 70 FR 1674) and March 7, 2005 ( 70 FR 10919) Federal Register notices regarding changes to TRI reporting requirements. The attached table summarizes how these changes will affect 304( m) planning and 304( b) review. Proposed Change Projected Effect Removal of latitude/ longitude reporting requirement Removal of permit identification information reporting requirement We do not anticipate much of an impact as we will use the FRS database to pull in this information.

Removal of Stormwater Percentage Reporting Requirement We use this field to determine the percentage of toxic chemical release that is from stormwater. This data field is often left blank. Without this data element, we will not have a way to preliminarily identify which discharges are primarily from stormwater. In general, we call facilities ( in the case of large discharges) or use it for analysis of general trends in an industry ( e. g., wood preserving). Modifications to the Reporting Requirements for On Site Waste Treatment Methods and Efficiency We use this field to determine how facilities treat their wastewater. This data field is often left blank. Without this data element, we will not have a way to preliminarily identify trends in wastewater treatment in place. Removal of Reporting Data Field for Optional Submission of Additional Information No effect.

Form R Technical Modifications ( where to find form and some form language) No effect.

Dioxin Reporting Change: 1) report a single number for grams TM 17 and another for grams TEQ ( no congenerspecific 2) report g TM 17 for all 17 congeners and g TEQ summed for compound category, and 3) report g TM 17 for all 17 congeners and g TEQ for all congeners. Any of the three proposed changes will simplify our analysis, because dioxin data would be available in g TM 17 and g TEQ. The data would likely be available electronically in a separate table and this would simply our analyses. Option 3 gives the most information on individual congeners.


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7555-7557]
[FR Doc No: 2011-2937]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: EC11-39-000.
    Applicants: EFS Southeast PowerGen, LLC, Utility Corporation, AL
Sandersville, LLC, Effingham County Power, LLC, MPC Generating, LLC,
Walton County Power, LLC, Washington County Power, LLC.
    Description: Joint Application for Authorization of Disposition of
Facilities Under Section 203 of the FPA and Request for Confidential
Treatment, Expedited Consideration and Waivers of EFS Southeast
PowerGen, LLC, et al.
    Filed Date: 02/01/2011.
    Accession Number: 20110201-5080.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

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

    Docket Numbers: ER94-1384-040; ER99-2329-011; ER00-1803-010; ER01-
457-011; ER03-1108-013; ER03-1109-013; ER04-733-009; ER08-1432-007;
ER09-621-005.
    Applicants: Morgan Stanley Capitol Group Inc., Naniwa Energy LLC,
Utility Contract Funding II, LLC, Power Contract Financing II, L.L.C.,
Power Contract Financing II, Inc., TAQA Gen X LLC, South Eastern
Electric Development Corp., South Eastern Generating Corp., MS Solar
Solutions Corp.
    Description: Notice of Change in Status of Morgan Stanley Capital
Group Inc., et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5375.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER03-329-010; ER07-597-005.
    Applicants: NorthWestern Corporation; Montana Generation, LLC.
    Description: North Western Corporation submits response to Data
Request for Market-Based Rate Authorization.
    Filed Date: 01/21/2011.
    Accession Number: 20110126-0029.
    Comment Date: 5 p.m. Eastern Time on Friday, February 11, 2011.

    Docket Numbers: ER10-2011-002; ER10-2008-001; ER10-2009-001; ER10-
2016-001.
    Applicants: PPL Montana, LLC, PPL Colstrip I, LLC, PPL Colstrip II,
LLC, PPL EnergyPlus, LLC.
    Description: Triennial Market-Based Rate Update of the PPL
Northwest Companies.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5369.
    Comment Date: 5 p.m. Eastern Time on Monday, April 04, 2011.

    Docket Numbers: ER10-2172-002; ER10-2174-002; ER10-2176-002; ER10-
2178-002; ER10-2180-002; ER10-2183-001; ER10-2184-002; ER10-3308-002;
ER11-2383-001
    Applicants: Constellation Energy Commodities Group, Baltimore Gas
and Electric Company, Constellation Pwr Source Generation LLC,
Constellation NewEnergy, Inc., CER Generation II, LLC, Safe Harbor
Water Power Corporation, Handsome Lake Energy, LLC, Constellation
Energy Commodities Group M, CER Generation, LLC, Criterion Power
Partners, LLC.
    Description: Notice of Change in Status of Baltimore Gas and
Electric Company, et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5288.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER10-2179-003; ER10-2181-003; ER10-2182-003.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC, Calvert Cliffs
Nuclear Power Plant, LLC, Nine Mile Point Nuclear Station, LLC.
    Description: Notice of Change in Status of Calvert Cliffs Nuclear
Power Plant, LLC, et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5287.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER10-2570-002; ER10-2578-003; ER10-2633-002; ER10-
2717-002; ER10-2718-002; ER10-2719-002; ER10-3140-002.
    Applicants: Shady Hills Power Company LLC; Fox Energy Company, LLC;
Birchwood Power Partners, L.P.; EFS Parlin Holdings, L.L.C.; Cogen
Technologies Linden Venture, L.P.; East Coast Power Linden Holding,
L.L.C.; Inland Empire Energy Center, LLC.
    Description: Notice of Non-Material Change in Status of GE
COMPANIES, et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5366.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER10-3096-001.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35: WestConnect Experimental Tariff Compliance Filing to be
effective 9/28/2010.
    Filed Date: 02/01/2011.
    Accession Number: 20110201-5002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2354-001.
    Applicants: Sustainable Star.
    Description: Sustainable Star submits tariff filing per 35.17(b):
Market Based Initial Application to be effective 12/14/2010.
    Filed Date: 02/01/2011.
    Accession Number: 20110201-5074.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2808-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 1166R12 Oklahoma Municipal Power Authority NITSA and
NOA to be effective 1/1/2011.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5277.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2809-000.
    Applicants: Kansas City Power & Light Company.
    Description: Kansas City Power & Light Company submits tariff
filing per 35.1: KCP&L Iatan 2 Filing to be effective 12/31/9998.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5280.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2810-000.
    Applicants: The Empire District Electric Company.
    Description: The Empire District Electric Company submits tariff
filing

per 35.12: Single Tariff Sheet for KCPL Iatan Unit 2 & Common
Facilities Ownership Agmt to be effective 9/17/2010.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5281.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2811-000.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: KCP&L Greater Missouri Operations Company submits
tariff filing per 35.1: GMO Iatan 2 Filing to be effective 12/31/9998.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5282.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2812-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 607R12 Westar Energy, Inc. NITSA and NOA to be
effective 1/1/2011.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5284.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2813-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company Submits
Cancellation of Letter Agreement with Brea Power II Service Agreement
214.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5147.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2814-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: American Transmission Systems, Incorporated submits
tariff filing per 35.13(a)(2)(iii: Revisions to the TOA Sections 7.3.5
and Attach A re the ATSI Integration to be effective 6/1/2011.
    Filed Date: 02/01/2011.
    Accession Number: 20110201-5123.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2815-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: American Transmission Systems, Incorporated submits
tariff filing per 35.13(a)(2)(iii: Revisions to the OATT, OA and RAA
sections for the ATSI Integration to be effective 6/1/2011.
    Filed Date: 02/01/2011
    Accession Number: 20110201-5125.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

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

    Docket Numbers: ES11-17-000.
    Applicants: FirstEnergy Service Company, Monongahela Power Company,
The Potomac Edison Company, West Penn Power Company, Trans-Allegheny
Interstate Line Company.
    Description: Application of FirstEnergy Service Company, et al. for
authorization for Monongahela Power Company, Potomac Edison Company,
West Penn Power Company, and Trans-Allegheny Interstate Line Company to
engage in short-term borrowing.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5373.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA10-4-000.
    Applicants: Arlington Valley, LLC; Bluegrass Generation Company,
L.L.C.; Bridgeport Energy LLC; DeSoto County Generating Company, LLC;
Griffith Energy LLC; Las Vegas Power Company, LLC; LSP Safe Harbor
Holdings, LLC; LS Power Marketing, LLC; Renaissance Power, L.L.C.;
Riverside Generating Company, L.L.C.; Rocky Road Power, LLC; Tilton
Energy LLC.
    Description: Quarterly Land Acquisition Report of Arlington Valley,
LLC, et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5352.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: CinCap IV, LLC; CinCap V, LLC; Duke Energy Business
Services, LLC; Duke Energy Carolinas, LLC; Duke Energy Commercial Asset
Management, Inc.; Duke Energy Commercial Enterprises, Inc.; Duke Energy
Fayette II, LLC; Duke Energy Hanging Rock II, LLC; Duke Energy Indiana,
Inc.; Duke Energy Lee II, LLC; Duke Energy Ohio, Inc.; Duke Energy
Retail Sales, LLC; Duke Energy Trading and Marketing, LLC; Duke Energy
Vermillion II, LLC; Duke Energy Washington II, LLC; Happy Jack
Windpower, LLC; Kit Carson Windpower, LLC; North Allegheny Wind, LLC;
Silver Sage Windpower, LLC; St. Paul Cogeneration, LLC; Three Buttes
Windpower, LLC; Top of the World Energy, LLC .
    Description: Report/Form of Duke Energy Corporation under LA10-4.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5162.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: BP Energy Company; BP West Coast Products LLC; Cedar
Creek Wind Energy, LLC; Cedar Creek II, LLC; Flat Ridge Wind Energy,
LLC; Fowler Ridge II Wind Farm LLC; Fowler Ridge III Wind Farm LLC;
Fowler Ridge Wind Farm LLC; Goshen Phase II LLC; Rolling Thunder I
Power Partners, LLC; Watson Cogeneration Company; Whiting Clean Energy,
Inc.
    Description: Quarterly Land Acquisition Report of BP Energy
Company, et al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5163.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: PPL Electric Utilities Corporation; Lower Mount Bethel
Energy, LLC; PPL Brunner Island, LLC; PPL Holtwood, LLC; PPL Martins
Creek, LLC; PPL Montour, LLC; PPL Susquehanna, LLC; PPL University
Park, LLC; PPL EnergyPLus, LLC; PPL Great Works, LLC; PPL Maine, LLC;
PPL Wallingford Energy LLC; PPL New Jersey Solar, LLC; PPL New Jersey
Biogas, LLC; PPL Renewable Energy, LLC; PPL Montana, LLC; PPL Colstrip
I, LLC; PPL Colstrip II, LLC; Louisville Gas and Electric Company;
Kentucky Utilities Company; LG&E Energy Marketing, Inc.
    Description: 4th Quarter 2010 Site Acquisition Report of the PPL
Companies.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5212.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Niagara Generation LLC.
    Description: Land Acquisition Report (4Q 2010) of Niagara
Generation LLC.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5259.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Lost Creek Wind, LLC.
    Description: Land Acquisition Report (4Q 2010).
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5371.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene

again in a subdocket related to a compliance filing if you have
previously intervened in the same docket. Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. In reference to filings initiating a
new proceeding, interventions or protests submitted on or before the
comment deadline need not be served on persons other than the
Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 1, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2937 Filed 2-9-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27683-27684]
[FR Doc No: 2011-11674]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64431; File No. SR-CHX-2011-09]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing of Proposed Change To Add All NMS Stocks to the Single
Securities Circuit Breaker Pilot Program

May 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on May 4, 2011, the Chicago Stock Exchange, Inc. (``CHX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the CHX. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    CHX proposes to amend CHX Article 20, Rule 2 to add all NMS stocks
to the pilot program relating to individual securities circuit breakers
and amend CHX Article 16, Rule 8 to simplify certain aspects of the
text while also conforming certain of the percentages thereunder to CHX
Article 20, Rule 2. The text of this proposed rule change is available
on the Exchange's Web site at (http://www.chx.com) and in the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend CHX Article 20, Rule 2 to include
additional securities in the pilot by which such rule operates, to
specify the thresholds used by the primary listing markets in
determining when to pause trading and to amend CHX Article 16, Rule 8
to simplify certain aspects of the text while also conforming certain
of the percentages thereunder to CHX Article 20, Rule 2.
    The Commission approved amendments to CHX Article 20, Rule 2 on a
pilot basis on June 10, 2010 to provide for trading pauses in
individual securities due to extraordinary market volatility (``Trading
Pause'') in all securities included within the S&P 500[reg] Index
(``S&P 500'') (``Trading Pause Pilot'' or ``Pilot'').\3\ The Exchange
noted in its filing to adopt amendments to CHX Article 20, Rule 2 that
during the Pilot period it would continue to assess whether additional
securities need to be added and whether the parameters of CHX Article
20, Rule 2 would need to be modified to accommodate trading
characteristics of different securities. The Exchange subsequently
received approval to add to the Pilot the securities included in the
Russell 1000[reg] Index (``Russell 1000'') and a specified list of
Exchange Traded Products (``ETPs'').\4\
---------------------------------------------------------------------------

    \3\ The Commission approved the Trading Pause Pilot for all
equities exchanges and FINRA. See Securities Exchange Act Release
No. 62252 (June 10, 2010), 75 FR 34186 (June 16, 2010) (File Nos.
SR-BATS-2010-014; SR-EDGA-2010-01; SR-EDGX-2010-01; SR-BX-2010-037;
SR-ISE-2010-48; SR-NYSE-2010-39; SR-NYSEAmex-2010-46; SR-NYSEArca-
2010-41; SR-NASDAQ-2010-061; SR-CHX-2010-10; SR-NSX-2010-05; and SR-
CBOE-2010-047) and Securities Exchange Act Release No. 62251 (June
10, 2010), 75 FR 34183 (June 16, 2010) (SR-FINRA-2010-025). The NYSE
submitted a proposed rule change shortly after the initial
Commission approval order to clarify the procedures applicable to
reopening. See Securities Exchange Act Release No. 62284 (June 11,
2010), 75 FR 34498 (June 17, 2010) (SR-NYSE-2010-45).
    \4\ The Commission approved the addition to the Trading Pause
Pilot of the securities included in the Russell 1000 and ETPs, where
applicable, for all equities exchanges and FINRA. See Securities
Exchange Act Release No. 62884 (September 10, 2010), 75 FR 56618
(September 16, 2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044;
SR-CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05;
SR-ISE-2010-66; SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-
2010-63; SR-NYSEArca-2010-61; and SR-NSX-2010-08 and Securities
Exchange Act Release No. 62883 (September 10, 2010), 75 FR 56608
(September 16, 2010) (SR-FINRA-2010-033). The Exchange submitted a
proposed rule change shortly after the addition of the Russell 1000
securities and ETPs to extend the operation of the Pilot, which was
set to expire on December 10, 2010, until April 11, 2011. See
Securities Exchange Act Release No. 63498 (December 9, 2010), 75 FR
78310 (December 15, 2010) (SR-CHX-2010-24). Then, in April 2011, the
Exchange submitted another rule change to further extend the
operation of the Pilot until the earlier of August 11, 2011 or the
date on which a limit up/limit down mechanism to address
extraordinary market volatility, if adopted, applies. See Securities
Exchange Act Release No. 64203 (April 6, 2011), 76 FR 20393 (April
12, 2011) (SR-CHX-2011-05).
---------------------------------------------------------------------------

    The Exchange has continued to assess whether additional securities
need to be added to the Pilot and whether the parameters of CHX Article
20, Rule 2 need to be modified to accommodate trading characteristics
of different securities. In consultation with other markets and the
staff of the Commission, the Exchange proposes to include all NMS
stocks within the Pilot that are not already included therein. The
Exchange is also proposing to amend the text of CHX Article 20, Rule 2
to specify the thresholds used by the primary listing markets in
determining when to pause trading.
    In particular, the proposed additional stocks are those not
currently included in the S&P 500 Index, Russell 1000 Index, or
specified ETPs, and therefore are more likely to be less liquid
securities or securities with lower trading volumes. Accordingly, the
Exchange believes that broader Threshold Move percentages would be
appropriate. Similarly, because leveraged ETPs trade at a ratio against
the associated index, a broader Threshold Move percentage would also be
appropriate for leveraged ETPs. Additionally, in those instances where
such securities are priced below $1 and price movements equate to a
higher percentage move, the Exchange believes

that an even broader Threshold Move percentage is appropriate.
    The proposed changes to the Pilot, if approved, would also require
that the text of Article 16, Rule 8, which pertains to the pricing
obligations that Market Makers are required to adhere to, be amended to
adopt cross-references therein to CHX Article 20, Rule 2 and the
Threshold Move thereunder. Specifically, the Exchange proposes to
remove any text from CHX Article 16, Rule 8 addressing NMS stocks that
are not subject to the Pilot because no such securities would exist and
such text would therefore be unnecessary. The Exchange also proposes to
simplify CHX Article 16, Rule 8 by explicitly stating the percentages
that are applicable thereunder and the times during the trading day
when stock pause triggers are not in effect under CHX Article 20, Rule
2 (or comparable rule of another exchange). The Exchange notes that
part of this proposed change would be substantive, in that the
percentages under CHX Article 16, Rule 8 would decrease slightly for
the proposed new securities priced at $1 or greater. The Exchange
believes that this proposed substantive change would not have a
significant impact on Market Maker pricing obligations and is
reasonable because it would ensure that the designated quoting
percentages in CHX Article 16, Rule 8 are within a narrower range than
the percentages necessary to trigger a Trading Pause.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\5\ in general, and furthers the objectives of Section 6(b)(5),\6\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The proposed rule change also is
designed to support the principles of Section 11A(a)(1) \7\ of the Act
in that it seeks to ensure fair competition among brokers and dealers
and among exchange markets. The Exchange believes that the proposed
rule meets these requirements because it expands the scope of the Pilot
to cover all NMS stocks while adjusting the parameters of the rule for
different securities in a manner that will promote uniformity across
markets concerning decisions to pause trading in a security when there
are significant price movements. Additionally, the proposed changes
would ensure that the designated quoting percentages in CHX Article 16,
Rule 8 are within a narrower range than the percentages necessary to
trigger a Trading Pause.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2011-09 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-CHX-2011-09. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-CHX-2011-09 and should be
submitted on or before June 2, 2011.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11674 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24347-24349]
[FR Doc No: 2013-09695]

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

40 CFR Part 52

[EPA-R10-OAR-2008-0903: FRL-9793-5]

Approval and Promulgation of Implementation Plans; Oregon: Open
Burning and Enforcement Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Oregon on February 16, 2001, July 14, 2005,
August 28, 2006, and May 20, 2008 that relate to open burning rules,
enforcement procedures, civil penalties, and procedures in contested
cases (appeals). These revisions were made to the Oregon Administrative
Rules (OAR) Chapter 340, Division 264 (OAR 340-264), OAR 340-012, and
OAR 340-011. The EPA is approving the SIP revisions because the
revisions clarify and strengthen the SIP and meet the criteria of the
Clean Air Act.

DATES: This final rule is effective on May 28, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2008-0903. All documents in the docket are
listed in the www.regulations.gov Web site. Although listed in the
electronic docket, some information may not be publicly available,
i.e., confidential business information (CBI) or other information the
disclosure of which 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 through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Justin A. Spenillo at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Orders Review

I. Background

    Title I of the Clean Air Act (CAA), as amended by Congress in 1990,
specifies the general requirements for states to submit State
Implementation Plans (SIPs) to attain and maintain the National Ambient
Air Quality Standards (NAAQS) and the EPA's actions regarding approval
of those SIPs. The EPA is approving the SIP revisions submitted by the
State of Oregon on February 16, 2001, July 14, 2005, August 28, 2006,
and May 20, 2008. These revisions relate to open burning rules,
enforcement procedures, civil penalties, and procedures in contested
cases (appeals). On January 7, 2013 (78 FR 918) the EPA published a
notice of proposed rulemaking (NPR), proposing approval of the
revisions. The NPR includes a detailed description and analysis of the
revisions, and rationale for this final action. A brief summary is
provided below.
    Oregon's February 16, 2001 submittal recodifies and revises the
Oregon Department of Environmental Quality's (ODEQ) open burning
regulations, now codified at OAR 340-264. The EPA proposed to determine
that the revisions to OAR 340-264 either clarify or do not affect the
overall stringency of the ODEQ's open burning regulations, and that
approval of the revisions will not interfere with attainment or
maintenance of the NAAQS or other requirements of the CAA as described
in the EPA's proposed rule.
    Oregon's July 14, 2005, August 28, 2006, and May 20, 2008 SIP
submittals relate to enforcement procedures, civil penalties, and
procedures in contested cases (appeals). OAR 340-012 Enforcement
Procedures and Civil Penalties contains enforcement procedures and
civil penalty provisions that apply to the air quality regulations in
the Oregon SIP. The revisions to OAR 340-012 clarify the differences
between formal and informal enforcement processes, make adjustments to
the penalty matrices, and streamline and reorganize the rules to more
closely track the ODEQ's enforcement and penalty calculation process.
The EPA proposed to find that these revisions continue to provide the
ODEQ with adequate authority for enforcing the SIP as required by
Section 110 of the CAA and 40 CFR 51.230(b). OAR 340-011 Rules of
General Applicability and Organization contain procedures in contested
cases (appeals of the ODEQ actions). The EPA proposed to determine that
these rule revisions improve the clarity and completeness of contested
case appeals coming before the Environmental Quality Commission and
provide the authority needed for implementing the SIP.
    EPA provided a 30-day review and comment period on the January 7,
2013 (78 FR 918) NPR. No comments were received on the NPR and the EPA
is now taking final action to approve the proposed revisions.

II. Final Action

    The EPA is approving and incorporating by reference the re-
numbering of OAR 340-264 to replace OAR 340-23 and the revisions to
Oregon's open burning rules, OAR 340-264, submitted by the ODEQ on
February 16, 2001.
    The EPA is approving but not incorporating by reference the
enforcement provisions in OAR 340-012 submitted by the ODEQ on July 14,
2005 and August 28, 2006, subject to the qualifications and in the
manner discussed below. First, where ODEQ submitted a regulation in
Division 12 as part of its July 14, 2005 submittal and that regulation
was subsequently revised and submitted as part of ODEQ's August 28,
2006 submittal, EPA is approving the version of the regulation
submitted as part of the August 28, 2006 submittal. The docket contains
a chart showing the version of the regulations in Division 12 we are
approving. Second, EPA's authority to approve SIPs extends to
provisions related to attainment and maintenance of the NAAQS and
carrying out other specific requirements of Section 110 of the CAA.
Therefore, EPA is not approving the following regulations in Division
12 that do not relate to air emissions: OAR-340-012-0055, -0060, -0065,
-0066, -0067, -0068, -0071, -0072, -0074, -0079, -0081, -0083, -0097.
In addition, EPA is approving the remaining sections in Chapter 340,
Division 12 only to the extent they relate to enforcement of
requirements contained in the Oregon SIP. Finally, although the EPA is
approving the rules in Division 12 in the manner discussed above, the
EPA is not incorporating these rules by reference into the Code of
Federal Regulations because the EPA relies on its independent
enforcement procedures and penalty provisions in bringing enforcement
actions and assessing penalties under the CAA.
    Finally, the EPA is approving but not incorporating by reference
revisions related to procedures in contested cases (that is, appeals
from the ODEQ actions) found at OAR 340-011. These revisions were
submitted by the ODEQ on May 20, 2008. It is not appropriate to
incorporate these rules by reference into the Code of Federal
Regulations because the EPA relies on its own administrative and
enforcement procedures in enforcing the CAA.
    The EPA is taking no action on the revisions to OAR<PHONE_NUMBER> in
each of the ODEQ's SIP submittals (February 16, 2001, July 14, 2005,
August 28, 2006, and May 20, 2008) because it is unnecessary to take
action on this provision addressing State SIP adoption procedures and
because the Federally-approved SIP consists only of regulations and
other requirements that have been submitted by the ODEQ and approved by
the EPA.
    Finally, the EPA is taking no action on the expedited enforcement
process set forth in OAR 340-150 -0250 Expedited Enforcement Process
for underground storage tanks included in the ODEQ's July 14, 2005
submittal because this section applies to underground storage tank
regulations and does not relate to attainment or maintenance of the
NAAQS or other requirements of section 110 of the CAA.

III. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to the requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 24, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: March 13, 2013.
Dennis J. McLerran,
Regional Administrator. Region 10.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraphs (c)(116)(i)(D) and
(c) (156) to read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (116) * * *
    (i) * * *
    (D) Based on a SIP revision submitted by Oregon on February 16,
2001, Oregon Administrative Rules Chapter 340, Division 23 ``Rules for
Open Burning,'' as effective March 10, 1993, is removed from the SIP.
* * * * *
    (156) On February 16, 2001, May 13, 2005, March 29, 2006, and March
20, 2008, the Oregon Department of Environmental Quality submitted
revisions to the Oregon Administrative Rules (OAR) Chapter 340 as
revisions to the Oregon State Implementation Plan (SIP). The
submissions relate to Oregon's open burning rules, enforcement
procedures, civil penalties, and procedures in contested cases
(appeals).
    (i) Incorporation by reference.
    (A) The following sections of the OAR Chapter 340, Division 264,
effective December 15, 2000: Division 264, Rules For Open Burning: Rule
0010 How to Use These Open Burning Rules; Rule 0020 Policy; Rule 0030
Definitions; Rule 0040 Exemptions, Statewide; Rule 0050 General
Requirements Statewide; Rule 0060 General Prohibitions Statewide; Rule
0070 Open Burning Conditions; Rule 0075 Delegation of Authority; Rule
0078 Open Burning Control Areas; Rule 0080 County Listing of Specific
Open Burning Rules; Rule 0100 Open Burning Requirements, Baker,
Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River,
Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook,
Umatilla, Union, Wallowa, Wasco and Wheeler Counties; Rule 0110 Open
Burning Requirements, Benton, Linn, Marion, Polk, and Yamhill Counties;
Rule 0120, Open Burning Requirements, Clackmas County; Rule 0130, Open
Burning Requirements, Multnomah County; Rule 0140 Open Burning
Requirements, Washington County; Rule 0150 Open Burning Requirements,
Columbia County; Rule 0160 Open Burning Requirements, Lane County; Rule
0170 Open Burning Requirements, Coos, Douglas, Jackson and Josephine
Counties; Rule 0180 Open Burning Requirements, Letter Permits, Rule
0190 Open Burning Requirements, Forced-Air Pit Incinerators.
    (B) [Reserved.]
    (ii) Additional Material:
    (A) The following revised sections of Oregon Administrative Rules
Chapter 340 effective May 13, 2005: Division 12 Enforcement Procedures
and Civil Penalties: Rule 0026 Policy, Rule 0028 Scope of
Applicability, Rule 0030 Definitions, Rule 0038 Warning Letters, Pre-
Enforcement Notices and Notices of Permit Violation, Rule 0041 Formal
Enforcement Action, Rule 0042 Determination of Base Penalty, Rule 0045
Civil Penalty Determination Procedure, Rule 0145 Determination of
Aggravating or Mitigating Factors, Rule 0150 Determination of Economic
Benefit, Rule 0160 Department Discretion Regarding Penalty Assessment,
Rule 0162 Inability to Pay the Penalty, Rule 0165 Stipulated Penalties,
Rule 0170 Compromise or Settlement of Civil Penalty by Department.
    (B) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 29, 2006: Division 12 Enforcement
Procedures and Civil Penalties: Rule 0027 Rule Effective Date, Rule
0053 Violations that Apply to all Programs, Rule 0054 Air Quality
Classification of Violations, Rule 0073 Environmental Cleanup
Classification of Violation, Rule 0082 Contingency Planning
Classification of Violations, Rule 0130 Determination of Violation
Magnitude, Rule 0135 Selected Magnitude Categories, Rule 0140
Determination of Base Penalty, Rule 0155 Additional or Alternate Civil
Penalties.
    (C) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 20, 2008: Division 11, Rules of General
Applicability and Organization, Rule 0005 Definitions, Rule 0009
Incorporation of Attorney General's Uniform and Model Rules, Rule 0510
Agency Representation by Environmental Law Specialist, Rule 0515
Authorized Representative of Respondent other than a Natural Person in
a Contested Case Hearing, Rule 0573 Proposed Orders in Contested Cases,
Rule 0575 Review of Proposed Orders in Contested Cases.

[FR Doc. 2013-09695 Filed 4-24-13; 8:45 am]
BILLING CODE 6560-50-P