[Federal Register: June 21, 2007 (Volume 72, Number 119)]
[Proposed Rules]
[Page 34209-34215]
[DOCID:fr21jn07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 61

[AZ and NV-EPA-R09-OAR-2006-1014; FRL-8329-9]

Delegation of New Source Performance Standards and National
Emission Standards for Hazardous Air Pollutants for the States of
Arizona and Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to update the Code of Federal Regulations
(CFR) tables for delegations to state and local agencies in Region IX
of certain New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAPs). This
document addresses general authorities mentioned in the regulations for
NSPS and NESHAPs, proposes to update the delegations tables for Arizona
and Nevada, and clarifies those authorities that are retained by EPA.
We are taking comments on this proposal and intend to follow with a
final action.

DATES: Any comments must arrive by July 23, 2007.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-1014, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through
http://www.regulations.gov or e-mail. www.regulations.gov is an ``anonymous

access'' system, and EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send e-mail directly to EPA, your e-mail address will be automatically
captured and included as part of the public comment. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region

IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The supplementary information is organized
in the following order:

What is the purpose of this document?
Who is authorized to delegate these authorities?
What does delegation accomplish?
What authorities are not delegated by EPA?
Does EPA keep some authority?
Administrative Requirements

What is the purpose of this document?

    Through this document, EPA is proposing to accomplish the following
objectives:
    (1) Update the delegations tables in the Code of Federal
Regulations, Title 40 (40 CFR), Parts 60 and 61 to provide an accurate
listing of the delegated standards for Arizona and Nevada; and
    (2) Clarify those authorities that are retained by EPA and not
granted to state or local agencies as part of delegation.
    These actions are described below.
    Today's action proposes to update the delegation tables in 40 CFR
Parts 60 and 61, to allow easier access by the public to the status of
delegations in Arizona and Nevada jurisdictions. The updated delegation
tables would include the delegations approved in response to recent
requests, as well as those previously granted. The proposed tables are
shown at the end of this document.
    Recent requests for delegation that will be incorporated into the
updated CFR tables are identified below. Each individual submittal
identifies the specific NSPS and NESHAPs for which delegation was
requested. All of these requests have already been approved by letter
and simply need to be included in the CFR tables.

------------------------------------------------------------------------
                                                    Date of EPA approval
           Agency                Date of request          by letter
------------------------------------------------------------------------
Nevada Division of            December 27, 2004;    September 21, 2005;
 Environmental Protection.     June 22, 2005;        May 12, 2006; and
                               August 17, 2005;      January 12, 2007.
                               April 4, 2006; and
                               October 26, 2006.
Maricopa County Air Quality   April 21, 2006......  May 18, 2006, and
 Department.                                         June 14, 2006.
------------------------------------------------------------------------

Who is authorized to delegate these authorities?

    Sections 111(c)(1) and 112(l) of the Clean Air Act, as amended in
1990, authorize the Administrator to delegate his or her authority for
implementing and enforcing standards in 40 CFR Parts 60 and 61.

What does delegation accomplish?

    Delegation grants a State or local agency the primary authority to
implement and enforce Federal standards. All required notifications and
reports should be sent to the delegated State or local agency, as
appropriate, with a copy to EPA Region IX. Acceptance of delegation
constitutes agreement by the State or local agency to follow 40 CFR
Parts 60 and 61, and EPA's test methods and continuous monitoring
procedures.

What authorities are not delegated by EPA?

    In general, EPA does not delegate to State or local agencies the
authority to make decisions that are likely to be nationally
significant, or alter the stringency of the underlying standards. For a
more detailed description of the authorities in 40 CFR Parts 60 and 61
that are retained by EPA, please see the proposed rule published on
January 14, 2002 (67 FR 1676).

    As additional assurance of national consistency, State and local
agencies must send to EPA Region IX Air Division's Enforcement Office
Chief a copy of any written decisions made pursuant to the following
delegated authorities:
     Applicability determinations that State a source is not
subject to a rule or requirement;
     Approvals or determinations of construction,
reconstruction, or modification;
     Minor or intermediate site-specific changes to test
methods or monitoring requirements; or
     Site-specific changes or waivers of performance testing
requirements.
    For decisions that require EPA review and approval (for example,
major changes to monitoring requirements), EPA intends to make
determinations in a timely manner.
    In some cases, the standards themselves specify that specific
provisions cannot be delegated. State and local agencies should review
each individual standard for this information.

Does EPA keep some authority?

    EPA retains independent authority to enforce the standards and
regulations of 40 CFR parts 60 and 61.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. This proposed action merely proposes to delegate authority to
implement existing Federal requirements to state and local agencies and
imposes no additional requirements. Accordingly, the Administrator
certifies that this proposed 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.). Because this rule does not
impose any additional enforceable duty beyond that required by existing
federal law, it does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This proposed rule also does not have a substantial direct effect
on one or more Indian tribes, on the relation between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it 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 13132 (64 FR 43255, August 10,
1999), because it would merely approve a State rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed 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.
    In reviewing delegation requests, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a delegation request for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
request for delegation, to use VCS in place of a submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this proposed rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This proposed 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.).

List of Subjects in 40 CFR Parts 60 and 61

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

    Authority: This action is issued under the authority of Sections
111 and 112 of the CAA, as amended (42 U.S.C. 7411 and 7412).

    Dated: June 7, 2007.
Deborah Jordan,
Director, Air Division, Region IX.
    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is proposed to be amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

    2. Section 60.4 is amended by revising paragraphs (d)(1) and (d)(4)
to read as follows:

Sec.  60.4  Address.

* * * * *
    (d) * * *
    (1) Arizona. The following table identifies delegations as of May
18, 2006:

                       Delegation Status for New Source Performance Standards for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                       Air Pollution Control Agency
                                                         -------------------------------------------------------
                         Subpart                                          Maricopa
                                                           Arizona DEQ     County      Pima County  Pinal County
----------------------------------------------------------------------------------------------------------------
A General Provisions....................................            X             X             X             X
D Fossil-Fuel Fired Steam Generators Constructed After              X             X             X             X
 August 17, 1971........................................
Da Electric Utility Steam Generating Units Constructed              X             X             X             X
 After September 18, 1978...............................
Db Industrial-Commercial-Institutional Steam Generating             X             X             X             X
 Units..................................................
Dc Small Industrial Steam Generating Units..............            X             X             X             X
E Incinerators..........................................            X             X             X             X
Ea Municipal Waste Combustors Constructed After December            X             X             X             X
 20, 1989 and On or Before September 20, 1994...........

Eb Municipal Waste Combustors Constructed After                     X             X             X   ............
 September 20, 1994.....................................
Ec Hospital/Medical/Infectious Waste Incinerators for     ............            X             X   ............
 Which Construction is Commenced After June 20, 1996....
F Portland Cement Plants................................            X             X             X             X
G Nitric Acid Plants....................................            X             X             X             X
H Sulfuric Acid Plant...................................            X             X             X             X
I Hot Mix Asphalt Facilities............................            X             X             X             X
J Petroleum Refineries..................................            X             X             X             X
K Storage Vessels for Petroleum Liquids for Which                   X             X             X             X
 Construction, Reconstruction, or Modification Commenced
 After June 11, 1973, and Prior to May 19, 1978.........
Ka Storage Vessels for Petroleum Liquids for Which                  X             X             X             X
 Construction, Reconstruction, or Modification Commenced
 After May 18, 1978, and Prior to July 23, 1984.........
Kb Volatile Organic Liquid Storage Vessels (Including               X             X             X             X
 Petroleum Liquid Storage Vessels) for Which
 Construction, Reconstruction, or Modification Commenced
 After July 23, 1984....................................
L Secondary Lead Smelters...............................            X             X             X             X
M Secondary Brass and Bronze Production Plants..........            X             X             X             X
N Primary Emissions from Basic Oxygen Process Furnaces              X             X             X             X
 for Which Construction is Commenced After June 11, 1973
Na Secondary Emissions from Basic Oxygen Process                    X             X             X             X
 Steelmaking Facilities for Which Construction is
 Commenced After January 20, 1983.......................
O Sewage Treatment Plants...............................            X             X             X             X
P Primary Copper Smelters...............................            X             X             X             X
Q Primary Zinc Smelters.................................            X             X             X             X
R Primary Lead Smelters.................................            X             X             X             X
S Primary Aluminum Reduction Plants.....................            X             X             X             X
T Phosphate Fertilizer Industry: Wet Process Phosphoric             X             X             X             X
 Acid Plants............................................
U Phosphate Fertilizer Industry: Superphosphoric Acid               X             X             X             X
 Plants.................................................
V Phosphate Fertilizer Industry: Diammonium Phosphate               X             X             X             X
 Plants.................................................
W Phosphate Fertilizer Industry: Triple Superphosphate              X             X             X             X
 Plants.................................................
X Phosphate Fertilizer Industry: Granular Triple                    X             X             X             X
 Superphosphate Storage Facilities......................
Y Coal Preparation Plants...............................            X             X             X             X
Z Ferroalloy Production Facilities......................            X             X             X             X
AA Steel Plants: Electric Arc Furnaces Constructed After            X             X             X             X
 October 21, 1974 and On or Before August 17, 1983......
AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen            X             X             X             X
 Decarburization Vessels Constructed After August 7,
 1983...................................................
BB Kraft pulp Mills.....................................            X             X             X             X
CC Glass Manufacturing Plants...........................            X             X             X             X
DD Grain Elevators......................................            X             X             X             X
EE Surface Coating of Metal Furniture...................            X             X             X             X
FF (Reserved)...........................................  ............  ............  ............  ............
GG Stationary Gas Turbines..............................            X             X             X             X
HH Lime Manufacturing Plants............................            X             X             X             X
KK Lead-Acid Battery Manufacturing Plants...............            X             X             X             X
LL Metallic Mineral Processing Plants...................            X             X             X             X
MM Automobile and Light Duty Trucks Surface Coating                 X             X             X             X
 Operations.............................................
NN Phosphate Rock Plants................................            X             X             X             X
PP Ammonium Sulfate Manufacture.........................            X             X             X             X
QQ Graphic Arts Industry: Publication Rotogravure                   X             X             X             X
 Printing...............................................
RR Pressure Sensitive Tape and Label Surface Coating                X             X             X             X
 Operations.............................................
SS Industrial Surface Coating: Large Appliances.........            X             X             X             X
TT Metal Coil Surface Coating...........................            X             X             X             X
UU Asphalt Processing and Asphalt Roofing Manufacture...            X             X             X             X
VV Equipment Leaks of VOC in the Synthetic Organic                  X             X             X             X
 Chemicals Manufacturing Industry.......................
WW Beverage Can Surface Coating Industry................            X             X             X             X
XX Bulk Gasoline Terminals..............................            X             X             X             X
AAA New Residential Wool Heaters........................            X             X             X             X
BBB Rubber Tire Manufacturing Industry..................            X             X             X             X
CCC (Reserved)..........................................  ............  ............  ............  ............
DDD Volatile Organic Compounds (VOC) Emissions from the             X             X             X             X
 Polymer Manufacturing Industry.........................
EEE (Reserved)..........................................  ............  ............  ............  ............
FFF Flexible Vinyl and Urethane Coating and Printing....            X             X             X             X
GGG Equipment Leaks of VOC in Petroleum Refineries......            X             X             X             X
HHH Synthetic Fiber Production Facilities...............            X             X             X             X
III Volatile Organic Compound (VOC) Emissions From the              X             X             X             X
 Synthetic Organic Chemical Manufacturing Industry
 (SOCMI) Air Oxidation Unit Processes...................

JJJ Petroleum Dry Cleaners..............................            X             X             X             X
KKK Equipment Leaks of VOC From Onshore Natural Gas                 X             X             X             X
 Processing Plants......................................
LLL Onshore Natural Gas Processing: SO2 Emissions.......            X             X             X             X
MMM (Reserved)..........................................  ............  ............  ............  ............
NNN Volatile Organic Compound (VOC) Emissions From                  X             X             X             X
 Synthetic Organic Chemical Manufacturing Industry
 (SOCMI) Distillation Operations........................
OOO Nonmetallic Mineral Processing Plants...............            X             X             X             X
PPP Wool Fiberglass Insulation Manufacturing Plants.....            X             X             X             X
QQQ VOC Emissions From Petroleum Refinery Wastewater                X             X             X             X
 Systems................................................
RRR Volatile Organic Compound Emissions from Synthetic    ............            X             X   ............
 Organic Chemical Manufacturing Industry (SOCMI) Reactor
 Processes..............................................
SSS Magnetic Tape Coating Facilities....................            X             X             X             X
TTT Industrial Surface Coating: Surface Coating of                  X             X             X             X
 Plastic Parts for Business Machines....................
UUU Calciners and Dryers in Mineral Industries..........            X             X             X   ............
VVV Polymeric Coating of Supporting Substrates                      X             X             X             X
 Facilities.............................................
WWW Municipal Solid Waste Landfills.....................            X             X             X   ............
AAAA Small Municipal Waste Combustion Units for Which               X             X   ............  ............
 Construction is Commenced After August 30, 1999 or for
 Which Modification or Reconstruction is Commended After
 June 6, 2001...........................................
CCCC Commercial and Industrial Solid Waste Incineration             X             X   ............  ............
 Units for Which Construction Is Commenced After
 November 30, 1999 or for Which Modification or
 Reconstruction Is Commenced on or After June 1, 2001...
EEEE Other Solid Waste Incineration Units for Which       ............  ............  ............  ............
 Construction is Commenced After December 9, 2004, or
 for Which Modification or Reconstruction is Commenced
 on or After June 16, 2006..............................
KKKK Stationary Combustion Turbines.....................  ............  ............  ............  ............
GGGG (Reserved).........................................  ............  ............  ............  ............
----------------------------------------------------------------------------------------------------------------

* * * * *
    (4) Nevada. The following table identifies delegations as of
January 12, 2007:

    Delegation Status for New Source Performance Standards for Nevada
------------------------------------------------------------------------
                                      Air pollution control agency
                               -----------------------------------------
            Subpart                               Clark        Washoe
                                 Nevada DEP      County        County
------------------------------------------------------------------------
A General Provisions..........            X             X             X
D Fossil-Fuel Fired Steam                 X             X             X
 Generators Constructed After
 August 17, 1971..............
Da Electric Utility Steam                 X   ............  ............
 Generating Units Constructed
 After September 18, 1978.....
Db Industrial-Commercial-                 X   ............  ............
 Institutional Steam
 Generating Units.............
Dc Small Industrial Steam                 X   ............  ............
 Generating Units.............
E Incinerators................            X             X             X
Ea Municipal Waste Combustors             X   ............  ............
 Constructed After December
 20, 1989 and On or Before
 September 20, 1994...........
Eb Municipal Waste Combustors             X   ............  ............
 Constructed After September
 20, 1994.....................
Ec Hospital/Medical/Infectious            X   ............  ............
 Waste Incinerators for Which
 Construction is Commenced
 After June 20, 1996..........
F Portland Cement Plants......            X             X             X
G Nitric Acid Plants..........            X   ............            X
H Sulfuric Acid Plants........            X   ............            X
I Hot Mix Asphalt Facilities..            X             X             X
J Petroleum Refineries........            X   ............            X
K Storage Vessels for                     X             X             X
 Petroleum Liquids for Which
 Construction, Reconstruction,
 or Modification Commenced
 After June 11, 1973, and
 Prior to May 19, 1978........
Ka Storage Vessels for                    X             X             X
 Petroleum Liquids for Which
 Construction, Reconstruction,
 or Modification Commenced
 After May 18, 1978, and Prior
 to July 23, 1984.............
Kb Volatile Organic Liquid                X   ............  ............
 Storage Vessels (Including
 Petroleum Liquid Storage
 Vessels) for Which
 Construction, Reconstruction,
 or Modification Commenced
 After July 23, 1984..........
L Secondary Lead Smelters.....            X             X             X
M Secondary Brass and Bronze              X   ............            X
 Production Plants............
N Primary Emissions from Basic            X   ............            X
 Oxygen Process Furnaces for
 Which Construction is
 Commenced After June 11, 1973

Na Secondary Emissions from               X   ............  ............
 Basic Oxygen Process
 Steelmaking Facilities for
 Which Construction is
 Commenced After January 20,
 1983.........................
O Sewage Treatment Plants.....            X             X             X
P Primary Copper Smelters.....            X             X             X
Q Primary Zinc Smelters.......            X             X             X
R Primary Lead Smelters.......            X             X             X
S Primary Aluminum Reduction              X   ............            X
 Plants.......................
T Phosphate Fertilizer                    X   ............            X
 Industry: Wet Process
 Phosphoric Acid Plants.......
U Phosphate Fertilizer                    X   ............            X
 Industry: Superphosphoric
 Acid Plants..................
V Phosphate Fertilizer                    X   ............            X
 Industry: Diammonium
 Phosphate Plants.............
W Phosphate Fertilizer                    X   ............            X
 Industry: Triple
 Superphosphate Plants........
X Phosphate Fertilizer                    X   ............            X
 Industry: Granular Triple
 Superphosphate Storage
 Facilities...................
Y Coal Preparation Plants.....            X             X             X
Z Ferroalloy Production                   X   ............            X
 Facilities...................
AA Steel Plants: Electric Arc             X   ............            X
 Furnaces Constructed After
 October 21, 1974 and On or
 Before August 17, 1983.......
AAa Steel Plants: Electric Arc            X   ............  ............
 Furnaces and Argon-Oxygen
 Decarburization Vessels
 Constructed After August 7,
 1983.........................
BB Kraft pulp Mills...........            X   ............            X
CC Glass Manufacturing Plants.            X   ............            X
DD Grain Elevators............            X             X             X
EE Surface Coating of Metal               X             X             X
 Furniture....................
FF (Reserved).................  ............  ............  ............
GG Stationary Gas Turbines....            X             X             X
HH Lime Manufacturing Plants..            X             X             X
KK Lead-Acid Battery                      X             X             X
 Manufacturing Plants.........
LL Metallic Mineral Processing            X             X             X
 Plants.......................
MM Automobile and Light Duty              X             X             X
 Trucks Surface Coating
 Operations...................
NN Phosphate Rock Plants......            X             X             X
PP Ammonium Sulfate                       X   ............            X
 Manufacture..................
QQ Graphic Arts Industry:                 X             X             X
 Publication Rotogravure
 Printing.....................
RR Pressure Sensitive Tape and            X   ............            X
 Label Surface Coating
 Operations...................
SS Industrial Surface Coating:            X             X             X
 Large Appliances.............
TT Metal Coil Surface Coating.            X             X             X
UU Asphalt Processing and                 X             X             X
 Asphalt Roofing Manufacture..
VV Equipment Leaks of VOC in              X             X             X
 the Synthetic Organic
 Chemicals Manufacturing
 Industry.....................
WW Beverage Can Surface                   X   ............            X
 Coating Industry.............
XX Bulk Gasoline Terminals....            X   ............            X
AAA New Residential Wool        ............  ............  ............
 Heaters......................
BBB Rubber Tire Manufacturing             X   ............  ............
 Industry.....................
CCC (Reserved)................  ............  ............  ............
DDD Volatile Organic Compounds            X   ............  ............
 (VOC) Emissions from the
 Polymer Manufacturing
 Industry.....................
EEE (Reserved)................  ............  ............  ............
FFF Flexible Vinyl and                    X   ............            X
 Urethane Coating and Printing
GGG Equipment Leaks of VOC in             X   ............            X
 Petroleum Refineries.........
HHH Synthetic Fiber Production            X   ............            X
 Facilities...................
III Volatile Organic Compound             X   ............  ............
 (VOC) Emissions From the
 Synthetic Organic Chemical
 Manufacturing Industry
 (SOCMI) Air Oxidation Unit
 Processes....................
JJJ Petroleum Dry Cleaners....            X             X             X
KKK Equipment Leaks of VOC                X   ............  ............
 From Onshore Natural Gas
 Processing Plants............
LLL Onshore Natural Gas                   X   ............  ............
 Processing: SO2 Emissions....
MMM (Reserved)................  ............  ............  ............
NNN Volatile Organic Compound             X   ............  ............
 (VOC) Emissions From
 Synthetic Organic Chemical
 Manufacturing Industry
 (SOCMI) Distillation
 Operations...................
OOO Nonmetallic Mineral                   X   ............            X
 Processing Plants............
PPP Wool Fiberglass Insulation            X   ............            X
 Manufacturing Plants.........
QQQ VOC Emissions From                    X   ............  ............
 Petroleum Refinery Wastewater
 Systems......................
RRR Volatile Organic Compound             X   ............  ............
 Emissions from Synthetic
 Organic Chemical
 Manufacturing Industry
 (SOCMI) Reactor Processes....
SSS Magnetic Tape Coating                 X   ............  ............
 Facilities...................
TTT Industrial Surface                    X   ............  ............
 Coating: Surface Coating of
 Plastic Parts for Business
 Machines.....................
UUU Calciners and Dryers in               X   ............  ............
 Mineral Industries...........
VVV Polymeric Coating of                  X   ............  ............
 Supporting Substrates
 Facilities...................
WWW Municipal Solid Waste                 X   ............  ............
 Landfills....................
AAAA Small Municipal Waste                X   ............  ............
 Combustion Units for Which
 Construction is Commenced
 After August 30, 1999 or for
 Which Modification or
 Reconstruction is Commended
 After June 6, 2001...........
CCCC Commercial and Industrial            X   ............  ............
 Solid Waste Incineration
 Units for Which Construction
 Is Commenced After November
 30, 1999 or for Which
 Modification or
 Reconstruction Is Commenced
 on or After June 1, 2001.....

EEEE Other Solid Waste                    X   ............  ............
 Incineration Units for Which
 Construction is Commenced
 After December 9, 2004, or
 for Which Modification or
 Reconstruction is Commenced
 on or After June 16, 2006....
KKKK Stationary Combustion                X   ............  ............
 Turbines.....................
GGGG (Reserved)...............  ............  ............  ............
------------------------------------------------------------------------

* * * * *

PART 61--[AMENDED]

    1. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

    2. Section 61.04 is amended by revising paragraphs (c)(9)(i) and
(c)(9)(iv) to read as follows:

Sec.  61.04  Address.

* * * * *
    (c) * * *
    (9) * * *
    (i) Arizona. The following table identifies delegations as of June
14, 2006:

           Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                       Air Pollution Control Agency
                                                         -------------------------------------------------------
                         Subpart                                          Maricopa                      Pinal
                                                           Arizona DEQ     County     Pima  County     County
----------------------------------------------------------------------------------------------------------------
A General Provisions....................................            X             X             X             X
B Radon Emissions From Underground Uranium..............  ............  ............  ............  ............
C Beryllium.............................................            X             X             X             X
D Beryllium Rocket Motor Firing.........................            X             X             X             X
E Mercury...............................................            X             X             X             X
F Vinyl Chloride........................................            X             X             X             X
G (Reserved)............................................  ............  ............  ............  ............
H Emissions of Radionuclides Other Than Radon From        ............  ............  ............  ............
 Department of Energy Facilities........................
I Radionuclide Emissions From Federal Facilities Other    ............  ............  ............  ............
 Than Nuclear Regulatory Commission Licensees and Not
 Covered by Subpart H...................................
J Equipment Leaks (Fugitive Emission Sources) of Benzene            X             X             X             X
K Radionuclide Emissions From Elemental Phosphorus        ............  ............  ............  ............
 Plants.................................................
L Benzene Emissions from Coke By-Product Recovery Plants            X             X             X             X
M Asbestos..............................................            X             X             X             X
N Inorganic Arsenic Emissions From Glass Manufacturing              X             X   ............            X
 Plants.................................................
O Inorganic Arsenic Emissions From Primary Copper                   X             X   ............            X
 Smelters...............................................
P Inorganic Arsenic Emissions From Arsenic Trioxide and             X             X   ............  ............
 Metallic Arsenic Production Facilities.................
Q Radon Emissions From Department of Energy Facilities..  ............  ............  ............  ............
R Radon Emissions From Phosphogypsum Stacks.............  ............  ............  ............  ............
S (Reserved)............................................  ............  ............  ............  ............
T Radon Emissions From the Disposal of Uranium Mill       ............  ............  ............  ............
 Tailings...............................................
U (Reserved)............................................  ............  ............  ............  ............
V Equipment Leaks (Fugitive Emission Sources)...........            X             X             X             X
W Radon Emissions From Operating Mill Tailings..........  ............  ............  ............  ............
X (Reserved)............................................  ............  ............  ............  ............
Y Benzene Emissions From Benzene Storage Vessels........            X             X             X             X
Z-AA (Reserved).........................................  ............  ............  ............  ............
BB Benzene Emissions From Benzene Transfer Operations...            X             X             X             X
CC-EE (Reserved)........................................  ............  ............  ............  ............
FF Benzene Waste Operations.............................            X             X             X             X
----------------------------------------------------------------------------------------------------------------

* * * * *
    (iv) Nevada. The following table identifies delegations as of
September 21, 2005:

  Delegation Status for National Emissions Standards for Hazardous Air
                          Pollutants for Nevada
------------------------------------------------------------------------
                                      Air Pollution Control Agency
                               -----------------------------------------
            Subpart                                            Washoe
                                 Nevada DEP   Clark County     County
------------------------------------------------------------------------
A General Provisions..........            X             X   ............

B Radon Emissions From          ............  ............  ............
 Underground Uranium..........
C Beryllium...................            X             X             X
D Beryllium Rocket Motor                  X             X   ............
 Firing.......................
E Mercury.....................            X             X             X
F Vinyl Chloride..............            X             X   ............
G (Reserved)..................  ............  ............  ............
H Emissions of Radionuclides              X   ............  ............
 Other Than Radon From
 Department of Energy
 Facilities...................
I Radionuclide Emissions From             X   ............  ............
 Federal Facilities Other Than
 Nuclear Regulatory Commission
 Licensees and Not Covered by
 Subpart H....................
J Equipment Leaks (Fugitive               X   ............  ............
 Emission Sources) of Benzene.
K Radionuclide Emissions From             X   ............  ............
 Elemental Phosphorus Plants..
L Benzene Emissions from Coke             X   ............  ............
 By-Product Recovery Plants...
M Asbestos....................  ............            X             X
N Inorganic Arsenic Emissions             X   ............  ............
 From Glass Manufacturing
 Plants.......................
O Inorganic Arsenic Emissions             X   ............  ............
 From Primary Copper Smelters.
P Inorganic Arsenic Emissions             X   ............  ............
 From Arsenic Trioxide and
 Metallic Arsenic Production
 Facilities...................
Q Radon Emissions From          ............  ............  ............
 Department of Energy
 Facilities...................
R Radon Emissions From          ............  ............  ............
 Phosphogypsum Stacks.........
S (Reserved)..................  ............  ............  ............
T Radon Emissions From the      ............  ............  ............
 Disposal of Uranium Mill
 Tailings.....................
U (Reserved)..................  ............  ............  ............
V Equipment Leaks (Fugitive               X   ............  ............
 Emission Sources)............
W Radon Emissions From          ............  ............  ............
 Operating Mill Tailings......
X (Reserved)..................  ............  ............  ............
Y Benzene Emissions from                  X   ............  ............
 Benzene Storage Vessels......
Z-AA (Reserved)...............  ............  ............  ............
BB Benzene Emissions From                 X   ............  ............
 Benzene Transfer Operations..
CC-EE (Reserved)..............  ............  ............  ............
FF Benzene Waste Operations...            X   ............  ............
------------------------------------------------------------------------

* * * * *

[FR Doc. E7-12044 Filed 6-20-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]
[Page 7345-7348]
[DOCID:fr07fe08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57254; File No. SR-ISE-2006-26]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment
No. 1, Relating to Professional Account Holders

February 1, 2008.
    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 May 5, 2006, the International Securities Exchange, LLC (``ISE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in

Items I, II, and III below, which Items have been prepared
substantially by the ISE. On January 25, 2008, the Exchange filed
Amendment No. 1 to the proposal.\3\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as modified by
Amendment No. 1, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced the previously filed proposed rule
change in its entirety.
---------------------------------------------------------------------------

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

    The ISE is proposing to amend ISE Rules 713 (Priority of Quotes and
Orders), 716 (Block Trades) and 723 (Price Improvement Mechanism for
Crossing Transactions) to give certain non-broker-dealer orders the
same priority as broker-dealer orders and market maker quotes. The ISE
also proposes to charge the same fee for the execution of certain non-
broker-dealer orders as is applicable to the execution of broker-dealer
orders on the Exchange. The text of the proposed rule change is
available on the Exchange's Web site (http://www.iseoptions.com), at

the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE 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
    Under ISE rules, a ``Public Customer'' is any person or entity that
is not a broker or dealer in securities, and a ``Public Customer
Order'' is an order for the account of a Public Customer.\4\ A ``Non-
Customer'' is any person or entity that is a broker or dealer in
securities, and a ``Non-Customer Order'' is an order for the account of
a broker or dealer.\5\ These terms are used in ISE specific rules that
provide certain marketplace advantages to Public Customer Orders over
Non-Customer Orders. In particular, under ISE rules (i) Public Customer
Orders are given priority over Non-Customer Orders and market maker
quotes at the same price,\6\ and (ii) subject to certain exceptions,
members are not charged a transaction fee for the execution of Public
Customer Orders. The purpose of providing these marketplace advantages
to Public Customer Orders is to attract retail investor order flow to
the Exchange by leveling the playing field for retail investors over
market professionals \7\ and providing competitive pricing.
---------------------------------------------------------------------------

    \4\ ISE Rule 100(a)(32) and (33).
    \5\ ISE Rule 100(a)(22) and (23).
    \6\ ISE Rules 713 (Priority of Quotes and Orders), 716 (Block
Trades) and 723 (Price Improvement Mechanism for Crossing
Transactions).
    \7\ Market professionals have access to sophisticated trading
systems that contain functionality not available to a retail
customer, including things such as continuously updated pricing
models based upon real-time streaming data, access to multiple
markets simultaneously, and order and risk management tools.
---------------------------------------------------------------------------

    With respect to these ISE marketplace advantages, the Exchange does
not believe the definitions of Public Customer and Non-Customer
properly distinguish between non-professional retail investors and
certain professionals. According to the Exchange, providing marketplace
advantages based upon whether the order is for the account of a
participant that is a registered broker-dealer is no longer appropriate
in today's marketplace because some non-broker-dealer individuals and
entities have access to information and technology that enables them to
professionally trade listed options in the same manner as a broker or
dealer in securities.\8\ These individual traders and entities
(collectively, ``professional account holders'') have the same
technological and informational advantages over retail investors as
broker-dealers trading for their own account, which enables them to
compete effectively with broker-dealer orders and market maker quotes
for execution opportunities in the ISE marketplace.\9\
---------------------------------------------------------------------------

    \8\ Exchange staff visited a broker-dealer that provided their
professional customers with multi-screened trading stations equipped
with trading technology that allowed the trader to monitor and place
orders on all six options exchanges simultaneously. These trading
stations also provided compliance filters, order management tools,
the ability to place orders in the underlying securities, and market
data feeds.
    \9\ Market makers enter quotes based upon the theoretical value
of the option, which moves with various factors in their pricing
models, such as the value of the underlying security. Professional
customers place and cancel orders in relation to an options
theoretical value in much the same manner as a market maker. This is
evidenced by the entry of limit orders that join the best bid or
offer and by a very high rate of orders that are canceled. In
contrast, retail customers who enter orders as part of an investment
strategy (such as a covered right or a directional trade) most
frequently enter marketable orders or limit orders that they do not
cancel and replace. A study of 10 retail-oriented broker-dealer
members over a six-month period indicated that typically only around
20% of their executed customer volume resulted from orders that
joined the ISE best bid or offer upon entry. In contrast, over the
same period, around 45% of the volume executed by a broker-dealer
with a professional trader client base resulted from orders that
joined the ISE best bid and offer upon entry. Additionally, retail-
oriented broker-dealer members generally have a cancel to trade
ratio that is less than 1 (i.e., more of their orders are executed
than canceled), whereas members with a professional trader client
base generally have cancel to trade ratios that exceed 5 (i.e., for
every order that is executed, 5 are canceled).
---------------------------------------------------------------------------

    The Exchange therefore does not believe that it is consistent with
fair competition for these professional account holders to continue to
receive the same marketplace advantages as retail investors over
broker-dealers trading on the ISE. Moreover, because Public Customer
Orders at the same price are executed in time priority, retail
investors are prevented from fully benefiting from the priority
advantage when professional account holders are afforded Public
Customer Order priority.
    Accordingly, the Exchange is seeking to adopt two new terms that
will be used to more appropriately provide ISE marketplace advantages
to retail investors on the ISE. Under the proposal, execution priority
under ISE Rules 713 (Priority of Quotes and Orders), 716 (Block Trades)
and 723 (Price Improvement Mechanism for Crossing Transactions) will be
given to ``Priority Customer Orders'' over ``Professional Orders'' and
market maker quotes. Transaction fees will also be charged using these
definitions. Specifically, the ISE will charge standard transaction
fees currently applicable to broker-dealer orders for Professional
Orders, and fee waivers currently available to Public Customer Orders
will be limited to Priority Customer Orders. A Priority Customer Order
will be defined as a person or entity that (i) is not a broker or
dealer in securities, and (ii) does not place more than 390 orders in
listed options per day on average during a calendar month for its own
beneficial account(s). A ``Professional Order'' will be defined as an
order that is for the account of a person or entity that is not a
Priority Customer.
    The use of these new terms in the execution rules and fee schedule
will result in professional account holders participating in the ISE's
allocation process on equal terms with broker-dealer orders and market
maker quotes. It will also result in members paying the

same transaction fees for the execution of orders for a professional
account as they do for broker-dealer orders. The proposal will not
otherwise affect non-broker-dealer individuals or entities under the
ISE rules, and in particular, all Public Customer Orders will continue
to be treated equally for purposes of the linkage-related rules. For
example, the ISE will provide the same away-market protection for all
Public Customer Orders, including non-broker-dealer orders that are
included in the definition of ``Professional Orders.''\10\
---------------------------------------------------------------------------

    \10\ Orders for any customer that had an average of more than
390 orders per day during any month of a calendar quarter must be
represented as Professional Orders for the next calendar quarter.
Members will be required to conduct a quarterly review and make any
appropriate changes to the way in which they are representing orders
within five days after the end of each calendar quarter. While
Members only will be required to review their accounts on a
quarterly basis, if during a quarter the Exchange identifies a
customer for which orders are being represented as Priority Customer
Orders but that has averaged more than 390 orders per day during a
month, the Exchange will notify the Member and the Member will be
required to change the manner in which it is representing the
customer's orders within five days.
---------------------------------------------------------------------------

    In order to properly represent orders entered on the Exchange
according to the new definitions, Electronic Access Members will be
required to indicate whether Public Customer Orders are ``Priority
Customer Orders'' or ``Professional Orders.'' To comply with this
requirement, Electronic Access Members will be required to review their
customers' activity on at least a quarterly basis to determine whether
orders that are not for the account of a broker or dealer should be
represented as Priority Customer Orders or Professional Orders.
    The Exchange believes that identifying professional account holders
based upon the average number of orders entered for a beneficial
account is an appropriately objective approach that will reasonably
distinguish such persons and entities from retail investors. The
Exchange proposes the threshold of 390 orders per day on average over a
calendar month because it believes it far exceeds the number of orders
that are entered by retail investors in a single day,\11\ while being a
sufficiently low number of orders to cover the professional account
holders that are competing with broker-dealers in the ISE marketplace.
In addition, basing the standard on the number of orders that are
entered in listed options for a beneficial account(s) assures that
professional account holders cannot inappropriately avoid the purpose
of the rule by spreading their trading activity over multiple
exchanges, and using an average number over a calendar month will
prevent gaming of the 390 order threshold.
---------------------------------------------------------------------------

    \11\ Three hundred and ninety orders is equal to the total
number of orders that a person would place in a day if that person
entered one order every minute from market open to market close. A
study of one of the largest retail-oriented options brokerage firms
indicated that on a typical trading day, options orders were entered
with respect to 5922 different customer accounts. There was only one
order entered with respect to 3765 of the 5922 different customer
accounts on this day, and there were only 17 customer accounts with
respect to which more than 10 orders were entered. The highest
number of orders entered with respect to any one account over the
course of an entire week was 27. Additionally, many of the largest
retail-oriented electronic brokers offer lower commission rates to
customers they define as ``active traders.'' The Exchange reviewed
the publicly available information from the Web sites for Charles
Schwab, Fidelity, TD Ameritrade and optionsXpress, all of which
define an ``active trader'' as someone who executes only a few
options trades per month. The highest required trading activity to
qualify as an active trader among these four firms was 35 trades per
quarter.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \12\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism for a free and open market and
a national market system, and, in general, to protect investors and the
public interest. In particular, the proposal will assure that retail
investors continue to receive the appropriate marketplace and cost
advantages in the ISE marketplace, while furthering fair competition
among marketplace professionals by treating them equally within the ISE
marketplace.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    Within 35 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 Exchange consents, the Commission will:
    (A) By order approve 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-ISE-2006-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2006-26. 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 inspection and
copying 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 the filing also will be available for inspection and copying
at the principal office of the ISE. 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-ISE-2006-26 and should be submitted on
or before February 28, 2008.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-2206 Filed 2-6-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19471-19472]
[FR Doc No: 2020-07196]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX20-2-000]

City of Goose Creek, South Carolina; Notice of Filing

    Take notice that on March 30, 2020, pursuant to sections 210 and
212 of the Federal Power Act,\1\ and Rule 204 of the Commission's Rules
of Practice and Procedure,\2\ the City of Goose Creek, South Carolina
filed an application for an order directing South Carolina Public
Service Authority to administratively transition the interconnection
customer at the Mt. Holly Interconnection from Century Aluminum of
South Carolina, Inc. to Goose Creek and take all necessary steps to
maintain the Mt. Holly Interconnection.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824i and 824k.
    \2\ 18 CFR 385.204.
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and

Procedure (18 CFR 385.211 and 385.214). Protests will be considered by
the Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the comment date. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. On or before the comment date, it is not necessary to serve
motions to intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on April 20, 2020.

    Dated: March 31, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-07196 Filed 4-6-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43206-43207]
[FR Doc No: 2016-15664]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0500]

Early Clinical Trials With Live Biotherapeutic Products:
Chemistry, Manufacturing, and Control Information; Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a document entitled ``Early Clinical Trials With
Live Biotherapeutic Products: Chemistry, Manufacturing, and Control
Information; Guidance for Industry.'' The guidance document provides
investigational new drug application (IND) sponsors with
recommendations regarding IND submissions for early clinical trials
with live biotherapeutic products (LBPs) in the United States. The
guidance announced in this notice updates the guidance of the same
title dated February 2012 (February 2012 guidance) by addressing when
the label on the commercially available products(s) would be considered
adequate to satisfy the purpose of the chemistry, manufacturing, and
control (CMC) information requirements.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-D-0500 for ``Early Clinical Trials With Live Biotherapeutic
Products: Chemistry, Manufacturing, and Control Information; Guidance
for Industry.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the

Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist the office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jessica T. Walker, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled ``Early
Clinical Trials With Live Biotherapeutic Products: Chemistry,
Manufacturing, and Control Information; Guidance for Industry.'' The
guidance provides IND sponsors with recommendations regarding IND
submissions for early clinical trials for LBPs in the United States,
including LBPs lawfully marketed as conventional foods and dietary
supplements in the United States and proposed for clinical uses
regulated under section 351 of the Public Health Service (PHS) Act (42
U.S.C. 262). The guidance focuses on the CMC information that should be
provided in an IND for early clinical trials evaluating LBPs. The
guidance is applicable to INDs of LBPs, whether clinical trials are
conducted commercially, in an academic setting, or otherwise under part
312 (21 CFR part 312).
    In the Federal Register of February 21, 2012 (77 FR 9947), FDA
announced the availability of the final guidance of the same title
dated February 2012. In the Federal Register of March 31, 2015 (80 FR
17050), FDA published a notice requesting additional comments on the
CMC information that a sponsor of an IND should provide in its IND in
order to meet regulatory requirements when commercially available
conventional foods or dietary supplements containing LBPs are used as
investigational new drugs in early phase clinical trials. FDA received
a few comments on the notice and in response to the comments, FDA is
updating the February 2012 guidance by adding a section to address when
the label on commercially available products will be considered
adequate to satisfy the purpose of the CMC requirements for INDs under
Sec.  312.23(a)(7)(iv)(a)-(b). In addition, editorial changes were made
to improve clarity. The guidance announced in this notice updates the
guidance of the same title dated February 2012.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). FDA is issuing this guidance for
immediate implementation in accordance with 21 CFR 10.115(g)(2) without
seeking additional comments after determining that prior public
participation is not feasible or appropriate. FDA notes that we already
sought comments on the issues addressed by the revisions in this
guidance in the Federal Register of March 31, 2015 under Docket No.
FDA-2010-D-0500. Further delay in implementing these revisions could
impede the progress of certain investigations of drug use of
commercially marketed foods or dietary supplements that are of low risk
and may be of benefit to the public health.
    The guidance represents the current thinking of FDA on ``Early
Clinical Trials with Live Biotherapeutic Products: Chemistry,
Manufacturing, and Control Information.'' It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in part 312 have been approved under OMB
control number 0910-0014.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: June 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-15664 Filed 6-30-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23800-23801]
[FR Doc No: 2016-09331]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2016-48]

Petition for Exemption; Summary of Petition Received; Rotorcraft
Leasing Co.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5003
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the

West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Alphonso W. Pendergrass II (202) 267-
4713, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591. This notice is published
pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 12, 2016.
Dale Bouffiou,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-5003.
    Petitioner: Rotorcraft Leasing Co.
    Section(s) of 14 CFR Affected: Sec.  135.160(a).
    Description of Relief Sought: Rotorcraft Leasing Co. (RCL) is
requesting an exemption to allow RCL to operate its 39 BHT model 206B,
206L1, L3, L4, and 407 helicopters without an operable FAA-approved
radio altimeter or FAA-approved device that incorporates a radio
altimeter after April 24, 2017 in accordance with Sec.  135.160(a).

[FR Doc. 2016-09331 Filed 4-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35345-35346]
[FR Doc No: 2015-15104]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-503-000]

Comanche Trail Pipeline, LLC; Notice of Application

    Take notice that on May 29, 2015, Comanche Trail Pipeline, LLC
(Comanche Trail), 1300 Main Street, Houston, TX 77002, filed an
application pursuant to section 3 of the Natural Gas Act and part 153
of the Commission's regulations, for an order authorizing construction
of new border crossing natural gas pipeline facilities for the
exportation of up to 1,100,000 Mcf per day of natural gas at the
International Boundary between the United States and Mexico in El Paso
County, Texas, and for the issuance of a Presidential Permit for those
facilities, all as more fully set forth in the application which is on
file with the Commission and open to public inspection.
    The filing may also be viewed on the web at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Mr.
Kelly Allen, Manager, Regulatory Affairs Department, Comanche Trail
Pipeline, LLC, 1300 Main Street, Houston, TX 77002, or call (713) 989-
2606 or fax<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or

issue a Notice of Schedule for Environmental Review. If a Notice of
Schedule for Environmental Review is issued, it will indicate, among
other milestones, the anticipated date for the Commission staff's
issuance of the final environmental impact statement (FEIS) or EA for
this proposal. The filing of the EA in the Commission's public record
for this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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 stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 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 five 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.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors 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 commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors 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 in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit original and five copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on July 6, 2015.

    Dated: June 12, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15104 Filed 6-18-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31183-31185]
[FR Doc No: 2022-10995]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0411]
RIN 1625-AA00

 Safety Zone; Lower Mississippi River, Mile Marker 807, Barfield
Bend, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River (LMR), Mile Marker
805 through 810. The safety zone is needed to protect persons,
property, and the marine environment from the potential safety hazards
associated with a rock replacement project in the vicinity of Barfield
Bend, TN. Entry of persons or vessels into this zone is prohibited
unless authorized by the Captain of the Port Sector Lower Mississippi
River or a designated representative.

DATES: This rule is effective without actual notice from May 23, 2022
until June 15, 2022. For the purposes of enforcement, actual notice
will be used from May 13, 2022 until May 23, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0411 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 MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
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 it is impracticable. Immediate action
is needed to protect persons and property from the potential safety
hazards associated with the rock replacement project. The NPRM process
would delay the establishment of the safety zone until after the date
of the event and compromise public safety. We must establish this
temporary safety zone immediately and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
    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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the rock replacement project in the vicinity of Barfield Bend, TN.

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 Sector Lower
Mississippi River (COTP) has determined that potential hazards
associated with the rock replacement project would be a safety concern
for all persons and vessels on the Lower Mississippi River between MM
805 and MM 810 in the vicinity of Barfield Bend, TN. This rule is
needed to protect persons, property, infrastructure, and the marine
environment in all waters of the LMR within the safety zone while the
rock replacement project are being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from May 13, 2022
through June 15, 2022. The safety zone will cover all navigable waters
of the LMR from MM 805 through MM 810 in the vicinity of Barfield Bend,
TN. The duration of this safety zone is intended to ensure the safety
of waterway users on these navigable waters during the rock replacement
project.
    Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 901-
521-4822. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of the
enforcement times and date for this safety zone through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs), as appropriate.

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. 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).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This emergency safety zone
will temporarily restrict navigation on the LMR at MM 805 through 810
in the vicinity of Barfield Bend, TN., from May 13, 2022 through June
15, 2022. Moreover, The Coast Guard will issue Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate. The rule allows 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
temporary 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
temporary safety zone on the LMR at MM 805 through 810 in the vicinity
of Barfield Bend, TN, that will prohibit entry into this zone. The
safety zone will only be enforced while operations preclude the safe
navigation of the established channel. It is categorically excluded
from further review under paragraph L60(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
recordkeeping 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.T08-0411 to read as follows:

Sec.  165.T08-0411   Safety Zone; Lower Mississippi River, Mile Marker
807, Barfield Bend, TN.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River at Mile Marker (MM) 805 through
810 in the vicinity of Barfield Bend, TN.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Lower Mississippi River (COTP) or the COTP's designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector Lower Mississippi River.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16 or by telephone at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (c) Effective period. This section is effective from May 13, 2022
until June 15, 2022.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts, as appropriate.

    Dated: May 12, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2022-10995 Filed 5-20-22; 8:45 am]
BILLING CODE 9110-04-P