[Federal Register: December 21, 2005 (Volume 70, Number 244)]
[Notices]
[Page 75797-75798]
[DOCID:fr21de05-42]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8011-8]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a lawsuit filed by Environmental
Defense: Environmental Defense v. EPA, No. C 05-2090 SC (N.D. CA). On
June 6, 2005, Environmental Defense filed a complaint alleging that EPA
had failed to perform a non-discretionary duty by not granting or
denying within 18 months Environmental Defense's Petition asking the
Administrator to add diesel engine exhaust to the list of hazardous air
pollutants contained in section 112(b)(3) of the Clean Air Act
(``CAA''). Under the terms of the proposed consent decree, by June 12,
2006, EPA shall either deny or propose to grant Environmental Defense's
petition to list diesel exhaust as a hazardous air pollutant. If EPA
proposes to grant the petition, then by May, 2007, EPA shall either
grant or deny the petition.

DATES: Written comments on the proposed consent decree must be received
by January 20, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2005-0473, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Wordperfect or ASCII file, avoiding the use of special
characters and any form of encryption, and may be mailed to the mailing
address above.

FOR FURTHER INFORMATION CONTACT: Michael Horowitz, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This consent decree would establish deadlines by which EPA must
either grant or deny Environmental Defense petition to list diesel
exhaust as a hazardous air pollutant under section 112 of the CAA.
Under the proposed consent decree no later than June 12, 2006, EPA
shall sign a notice for publication in the Federal Register a proposal
to grant or a final determination that denies the petition with written
explanation of the reasons for EPA's decision. If the petition is
granted, then no later than May 1, 2007, EPA shall sign a final notice
for publication in the Federal Register either granting or denying the
Environmental Defense petition to list diesel engine exhaust as a
hazardous air pollutant.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed consent decree from persons who were not named as parties
or interveners to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determine, based on any comment which may be submitted, that
consent to the consent decree should be withdrawn, the terms of the
decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How Can I Get a Copy of the Consent Decree?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-0473 which contains a copy of the
consent decree. The official public docket is available for public
viewing at the Office of Environmental Information (OEI) Docket in the
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
http://www.regulations.gov You may use the http://www.regulations.gov.
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``advance search,'' then key in the appropriate docket
identification number. It is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing online at http://www.regulations.gov
 without change, unless the comment contains

copyrighted material, CBI, or other information whose disclosure is
restricted by statute. Information claimed as CBI and other information
whose disclosure is restricted by statute is not included in the
official public

docket or in the electronic public docket. EPA's policy is that
copyrighted material, including copyrighted material contained in a
public comment, will not be placed in EPA's electronic public docket
but will be available only in printed, paper form in the official
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the EPA Docket Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Your use of the http://www.regulations.gov Web site to submit

comments to EPA electronically is EPA's preferred method for receiving
comments. The electronic public docket system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment. In contrast to EPA's electronic public docket, EPA's
electronic mail (e-mail) system is not an ``anonymous access'' system.
If you send an e-mail comment directly to the Docket without going
through http://www.regulations.gov, your e-mail address is

automatically captured and included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket.

    Dated: December 15, 2005.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E5-7626 Filed 12-20-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Page 66830]
[FR Doc No: 2012-27177]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF12-18-000; Docket No. PF12-20-000]

LNG Development Company, LLC and Oregon Pipeline Company;
Northwest Pipeline GP; Notice of Extension of Comment Period for the
Oregon LNG Export and Washington Expansion Projects

    This notice announces the extension of the public scoping process
and comment period for the Oregon LNG Export Project proposed by LNG
Development Company, LLC and Oregon Pipeline Company (collectively
referred to as Oregon LNG), in Docket No. PF12-18-000 and the
Washington Expansion Project proposed by Northwest Pipeline GP
(Northwest), in Docket No. PF12-20-000. Please note that the scoping
period will now close on December 24, 2012.
    On September 24, 2012, the Federal Energy Regulatory Commission
(FERC or Commission) issued a Notice of Intent to Prepare an
Environmental Impact Statement for the Proposed Oregon LNG Export
Project and Washington Expansion Project, Request for Comments on
Environmental Issues, and Notice of Public Scoping Meetings (NOI). The
NOI solicited comments on the potential environmental impacts of the
proposed projects and announced the times and locations of eight public
meetings. The public scoping meetings were held the week of October 15,
2012. The environmental comments received will allow the FERC staff and
staffs of cooperating agencies to focus attention on issues important
to the public during our preparation of an Environmental Impact
Statement (EIS) for the projects.
    You can submit written comments to the Commission. In order for
your written comments to be considered and addressed in the EIS, they
should be properly filed with the Commission. There are three methods
you can use to submit your comments to the FERC. In all instances,
please reference the docket numbers for these projects (PF12-18-000 and
PF12-20-000) with your submission.
    (1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
Documents & Filings link. This is an easy method for interested persons
to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature located on the Commission's Web site (www.ferc.gov) under the
Documents & Filings link. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing;'' or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    If you have questions about electronic filings with the FERC, feel
free to call our information technology experts at FERC Online Support
at<PHONE_NUMBER> or email<EMAIL_ADDRESS>or<PHONE_NUMBER> or
email<EMAIL_ADDRESS>
    Dated: November 1, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-27177 Filed 11-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39608-39610]
[DOCID:fr09jy10-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62443; File No. SR-CBOE-2010-064]

 Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Expand Its $1 Strike Program

July 2, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 1, 2010, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend Rule 5.5.01 to expand the Exchange's $1
Strike Price Program (the ``$1 Strike Program'' or ``Program'') to
allow the Exchange to select 150 individual stocks on which options may
be listed at $1 strike price intervals. The text of the rule proposal
is available on the Exchange's website (http://www.cboe.org/legal), at
the Exchange's principal office, 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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to expand the $1 Strike
Program.\3\
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    \3\ The Commission approved the Program as a pilot on June 5,
2003. See Securities Exchange Act Release No. 47991 (June 5, 2003),
68 FR 35243 (June 12, 2003). The Program was subsequently extended
through June 5, 2008. See Securities Exchange Act Release No. 49799
(June 3, 2004), 69 FR 32642 (June 10, 2004) (SR-CBOE-2004-34); SEC
Release No. 51771 (May 31, 2005), 70 FR 33228 (June 7, 2005) (SR-
CBOE-2005-37); SEC Release No. 53805 (May 15, 2006), 71 FR 29690
(May 23, 2006) (SR-CBOE-2006-31); and SEC Release No. 55673 (April
26, 2007), 72 FR 24646 (May 3, 2007) (SR-CBOE-2007-38). The Program
was subsequently expanded and permanently approved in 2007. See
Exchange Act Release No. 57049 (December 27, 2007), 73 FR 528
(January 3, 2008) (SR-CBOE-2007-125). The Program was last expanded
in 2009. See Securities Exchange Act Release No. 59587 (March 17,
2009), 74 FR 12414 (March 24, 2009) (SR-CBOE-2009-01).
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    The $1 Strike Program currently allows CBOE to select a total of 55
individual stocks on which option series may be listed at $1 strike
price intervals. In order to be eligible for selection into the
Program, the underlying stock must close below $50 in its primary
market on the previous trading day. If selected for the Program, the
Exchange may list strike prices at $1 intervals from $1 to $50, but no
$1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day. The Exchange may also list $1 strikes on any other option class
designated by another securities exchange that employs a similar
Program under their respective rules. The Exchange may not list long-
term option series (``LEAPS'') \4\ at $1 strike price intervals for any
class selected for the Program, except as specified in subparagraph (2)
to Interpretation and Policy .01 to Rule 5.5.\5\ The Exchange is also
restricted from listing series with $1 intervals within $0.50 of an
existing strike price in the same series, except that strike prices of
$2, $3, and $4 shall be permitted within $0.50 of an existing strike
price for classes also selected to participate in the $0.50 Strike
Program.\6\
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    \4\ LEAPS are long-term options that generally have up to
thirty-nine months from the time they are listed until expiration.
See Rule 5.8, Long-Term Equity Option Series (LEAPS [supreg]). Long-
term FLEX options and index options are considered separately in
Rules 24A.4, 24B.4 and 24.9(b), respectively.
    \5\ Interpretation and Policy .01(a)(3) states that the Exchange
may list $1 strike prices up to $5 in LEAPS in up to 200 option
classes in individual stocks. See Securities Exchange Act Release
No. 60978 (November 10, 2009), 74 FR 59296 (November 17, 2009) (SR-
CBOE-2009-068).
    \6\ Regarding the $0.50 Strike Program, which allows $0.50
strike price intervals for options on stocks trading at or below
$3.00, see Interpretation and Policy .01(b) to Rule 5.5 and
Securities Exchange Act Release No. 60695 (September 18, 2009), 74
FR 49055 (September 25, 2009) (SR-CBOE-2009-069). See also
Securities Exchange Act Release No. 61331 (January 12, 2010), 75 FR
2911 (January 19, 2010) (SR-CBOE-2010-002) (allowing concurrent
listing of $3.50 and $4 strikes for classes that participate in both
the $0.50 Strike Program and the $1 Strike Program).
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    The Exchange now proposes to expand the Program to allow CBOE to
select a total of 150 individual stocks on which option series may be
listed at $1 strike price intervals. The existing restrictions on
listing $1 strikes would continue, i.e., no $1 strike price may be
listed that is greater than $5 from the underlying stock's closing
price in its primary market on the previous day, and CBOE is restricted
from listing any series that would result in strike prices being $0.50
apart (unless an option class is selected to participate in both the $1
Strike Program and the $0.50 Strike Program).
    As stated in the Commission order that initially approved CBOE's
Program and in subsequent extensions and expansions of the Program,\7\
CBOE believes that $1 strike price intervals provide investors with
greater flexibility in the trading of equity options that overlie lower
price stocks by allowing investors to establish equity options
positions that are better tailored to meet their investment objectives.
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    \7\ See supra note 1.
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    During the time that the $1 Strike Program was a pilot, the
Exchange submitted three pilot reports to the Commission in which the
Exchange discussed, among other things, the strength and efficacy of
the Program based upon the steady increase in volume and open interest
of options traded on the Exchange at $1 strike price intervals; and
that the Program had not and, in the future, should not create capacity
problems for CBOE or the Options Price Reporting Authority (``OPRA'')
systems.\8\ This has not changed. Moreover, the number of $1 strike
options traded on the Exchange has continued to increase since the
inception of the Program such that these options are now among some of
the

most popular products traded on the Exchange.
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    \8\ See Securities Exchange Act Release Nos. 49799 (June 3,
2004), 69 FR 32642 (June 10, 2004) (SR-CBOE-2004-34); 51771 (May 31,
2005), 70 FR 33228 (June 7, 2005) (SR-CBOE-2005-37); 53805 (May 15,
2006), 71 FR 29690 (May 23, 2006) (SR-CBOE-2006-31); and 55673
(April 26, 2007), 72 FR 24646 (May 3, 2007) (SR-CBOE-2007-38).
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    The Exchange believes that market conditions have led to an
increase in the number of securities trading below $50 warranting the
proposed expansion of the $1 Strike Program.\9\ In addition, the
Exchange notes that this filing is based on a filing previously
submitted by NASDAQ OMX PHLX, Inc (``PHLX'') that the Commission
recently noticed.\10\ With regard to previous expansions of the
Program, the Commission has approved proposals from the options
exchanges that employ a $1 Strike Program in lockstep.
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    \9\ See, e.g., Securities Exchange Act Release No. 59590 (March
17, 2009), 74 FR 12412 (March 24, 2009) (SR-CBOE-2009-21) (more than
five-fold increase in the number of individual stocks on which
options may be listed at $1 intervals).
    \10\ See Securities Exchange Act Release No. 62151 (May 21,
2010), 75 FR 30078 (May 28, 2010) (SR-Phlx-2010-72).
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    The Exchange notes that, in addition to options classes that are
trading pursuant to the $1 strike programs of options exchanges, there
are also options trading at $1 strike intervals on approximately 282
exchange-traded fund shares (``ETFs''),\11\ ETF options trading at $1
intervals has not, however, negatively impacted the system capacity of
the Exchange or OPRA.
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    \11\ Options on ETFs have been trading for more than a decade.
See Securities Exchange Act Release Nos. 37340 (July 2, 1998), 63 FR
37430 (July 10, 1998) (SR-CBOE-97-03) (original filing to list
options on ETFs); and 46507 (September 25, 2002), 67 FR 60266
(September 25, 2002) (SR-CBOE005-54) ($1 strike price intervals for
ETF options). See also Interpretation and Policy .08 to Rule 5.5
allowing $1 strike price intervals for ETF options where the strike
price is $200 or less.
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    With regard to the impact of this proposal on system capacity, CBOE
has analyzed its capacity and represents that it and OPRA have the
necessary systems capacity to handle the potential additional traffic
associated with the listing and trading of an expanded number of series
in the $1 Strike Program.
    The Exchange believes that the $1 Strike Program has provided
investors with greater trading opportunities and flexibility and the
ability to more closely tailor their investment and risk management
strategies and decisions to the movement of the underlying security.
Furthermore, the Exchange has not detected any material proliferation
of illiquid options series resulting from the narrower strike price
intervals. For these reasons, the Exchange requests an expansion of the
current Program and the opportunity to provide investors with
additional strikes for investment, trading, and risk management
purposes.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act. Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) Act \12\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest. The Exchange believes that expanding the current $1 Strike
Program will result in a continuing benefit to investors by giving them
more flexibility to closely tailor their investment decisions in a
greater number of securities.
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    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to a rule of
another exchange that has been approved by the Commission.\15\
Therefore, the Commission designates the proposal operative upon
filing.\16\
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    \15\ See Securities Exchange Act Release No. 62420 (June 30,
2010) (SR-Phlx-2010-72) (order approving expansion of $1 strike
program to 150 classes).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-064 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-064. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the

public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2010-064 and should be submitted on or before July
30, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Elizabeth M. Murphy,
Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2010-16688 Filed 7-8-10; 8:45 am]
BILLING CODE 8010-01-P


67617 Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / Notices Guidelines is an appropriate step in effectively implementing SBLRBRA. All written comments must be received by the Agency no later than seven calendar days from federal notice publication. The Agency will carefully consider written comments received during the public comment period, prior to issuing final Brownfields Job Training Grant Application Guidelines in November, 2002. 2002. However, due to the need to promptly provide the final FY 03 Job Training Guidelines to potential applicants, EPA does not plan to respond in writing to written comments.

Dated: October 24, 2002. Linda Garczynski, Director, Office of Brownfields Cleanup and Redevelopment, Office of Solid Waste and Emergency Response. [ FR Doc. 02   28211 Filed 11   5   02; 8: 45 am]

BILLING CODE 6560   50   M ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0262; FRL   7275   5]

Endosulfan; Availability of Reregistration Eligibility Decision Documents for Comment AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces availability and starts a 60   day public comment period on the Reregistration Eligibility Decision ( RED) document for the pesticide active ingredient endosulfan. The RED represents EPA's formal regulatory assessment of the health and environmental database of the subject chemical and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration. DATES: Comments, identified by docket ID number OPP   2002   0262, must be received on or before January 6, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Stacey Milan, Chemical Review Manager, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   2505; e mail address: milan. stacey@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) or the Federal Food, Drug, and Cosmetic Act ( FFDCA); environmental, human health, and agricultural advocates; pesticides users; and members of the public interested in the use of pesticides. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0262. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. To access RED documents and RED fact sheets electronically, go directly to the REDs table on the EPA Office of Pesticide Programs Home Page, at http:// www. epa. gov/ pesticides/ reregistration/ status. htm. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

VerDate 0ct< 31> 2002 16: 55 Nov 05, 2002 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 06NON1. SGM 06NON1 67618 Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / Notices C. How and To Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0262. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2002   0262. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0262. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2002   0262. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background A. What Action Is the Agency Taking? The Agency has issued a RED for the pesticide active ingredient endosulfan. Under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended in 1988, EPA is conducting an accelerated reregistration program to reevaluate existing pesticides to make sure they meet current scientific and regulatory standards. The database to support the reregistration of endosulfan is substantially complete, and the Agency has identified risk mitigation measures that if adopted by the registrants will address the human health and ecological risks associated with the current uses of endosulfan. Additional mitigation measures for ecological risk may be warranted following the completion of a stakeholder process, which will be conducted to address environmental risks to especially vulnerable aquatic organisms. In addition, EPA is reevaluating existing pesticides and reassessing tolerances under the Food Quality Protection Act ( FQPA) of 1996. The tolerances for those food uses that will remain, following mitigation identified in the RED, have been found to meet the FQPA Safety Standard. All registrants of pesticide products containing endosulfan will be sent the VerDate 0ct< 31> 2002 16: 55 Nov 05, 2002 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 06NON1. SGM 06NON1 67619 Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / Notices appropriate RED, and in order to be reregistered, the risk concerns identified in the RED must be adequately addressed, including appropriate labeling changes. Further, the registrants must comply with product specific label requirements pending Office of Management and Budget ( OMB) approval of the endosulfan Data Call In. The reregistration program is being conducted under Congressionally mandated timeframes, and EPA recognizes the need both to make timely reregistration decisions and to involve the public. Therefore, EPA is issuing the endosulfan RED as a final document with a 60   day comment period. Although the 60   day public comment period does not affect the registrant's response due date, it is intended to provide an opportunity for public input and a mechanism for identifying any necessary amendments to the RED. All comments will be carefully considered by the Agency. If any comment significantly affects the endosulfan RED, EPA will amend the RED by publishing the amendment in the Federal Register.

B. What is the Agency's Authority for Taking this Action?

The legal authority for this RED falls under FIFRA, as amended in 1988 and 1996. Section 4( g)( 2)( A) of FIFRA directs that, after submission of all data concerning a pesticide active ingredient, `` the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,'' before calling in product specific data on individual end use products, and either reregistering products or taking `` other appropriate regulatory action.''

List of Subjects Environmental protection, Chemicals, Pesticides and pests.

Dated: October 30, 2002. Betty Shackleford, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs.

[ FR Doc. 02   28216 Filed 11   5   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7404   9]

Koppers Charleston Superfund Site; Notice To Rescind Federal Register Notice Dated October 1, 2002 AGENCY: Environmental Protection Agency. ACTION: Notice to rescind previous Federal Register notice.

SUMMARY: On October 1, 2002 at 67 FR 61624, the Environmental Protection Agency ( EPA) published a Notice of Proposed Settlement for response costs incurred by EPA at the Koppers Charleston Superfund Site located in Charleston, Charleston County, South Carolina. That notice was published prematurely. The purpose of this notice is to rescind EPA's October 1, 2002 Federal Register Notice regarding the settlement of response costs at the Site. The Notice of Proposed Settlement for the Site may be republished in the future following final approval of the settlement.

FOR FURTHER INFORMATION CONTACT: Paula Batchelor at 404   562   8887.

Dated: October 23, 2002. Anita L. Davis, Acting Chief, CERCLA Program Services Branch, Waste Management Division. [ FR Doc. 02   28214 Filed 11   5   02; 8: 45 am]

BILLING CODE 6560   50   P FEDERAL COMMUNICATIONS COMMISSION [ WC Docket No. 02   214; FCC 02   297]

Application by Verizon Virginia Inc., Verizon Long Distance Virginia, Inc., Verizon Enterprise Solutions Virginia Inc., Verizon Global Networks Inc., and Verizon Select Services of Virginia Inc., Pursuant to Section 271 of the Telecommunications Act of 1996, For Provision of In Region, InterLATA Services in the State of Virginia AGENCY: Federal Communications Commission. ACTION: Notice.

SUMMARY: In this document, the Federal Communications Commission grants the section 271 application of Verizon Virginia Inc., et al. ( Verizon) for authority to enter the interLATA telecommunications market in the state of Virginia. The Commission grants Verizon's application based on its conclusion that Verizon has satisfied all of the statutory requirements for entry, and opened its local exchange markets to full competition. DATES: Effective November 8, 2002.

FOR FURTHER INFORMATION CONTACT: Uzoma Onyeije, Attorney Advisor, Wireline Competition Bureau, at ( 202) 418   7827 or via the Internet at uonyeije@ fcc. gov. The complete text of this Memorandum Opinion and Order is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY   A257, Washington, DC 20554. Further information may also be obtained by calling the Common Carrier Bureau's TTY number: ( 202) 418   0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Memorandum Opinion and Order ( MO& O) in WC Docket No. 02   214, FCC 02   297, adopted October 30, 2002, and released October 30, 2002. This full text may be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY B402, Washington, DC 20554, telephone 202   863   2893, facsimile 202   863   2898, or via e mail qualexint@ aol. com. It is also available on the Commission's website at http:// www. fcc. gov/ Bureaus/ Wireline_ Competition/ in region   applications.

Synopsis of the Order 1. History of the Application. On August 1, 2002, Verizon filed an application pursuant to section 271 of the Telecommunications Act of 1996, with the Commission to provide inregion interLATA service originating in the state of Virginia. Interested parties filed comments on August 21, 2002, and reply comments on September 12, 2002. 2. The State Commission's Evaluation. On March 15, 2002, Verizon made a compliance filing for section 271 approval with the Virginia Commission. On July 12, 2002, the Virginia Hearing Examiner issued a report recommending that the Virginia Commission `` advise the FCC that this Commission supports granting Verizon authority to provide in region interLATA services in Virginia.'' On August 1, 2002, the Virginia Commission forwarded the Virginia Hearing Examiner's Report to this Commission, reporting on the Virginia Hearing Examiner's section 271 proceeding and urging the Commission to consider his recommendations and findings. 3. The Department of Justice's Evaluation. The Department of Justice filed its evaluation on September 5, 2002, concluding that Verizon has generally succeeded in opening its markets to competition in most respects. Accordingly, the Department of Justice recommends approval of Verizon's application for section 271 authority in Virginia. 4. Compliance with Section 271( c)( 1)( A). The Commission concludes that Verizon demonstrates that it satisfies the requirements of section 271( c)( 1)( A) based on the interconnection agreements it has VerDate 0ct< 31> 2002 16: 55 Nov 05, 2002 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 06NON1. SGM 06NON1