[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Proposed Rules]
[Page 40449-40455]
[DOCID:fr11au09-39]

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Part V

Department of Labor

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Occupational Safety and Health Administration

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29 CFR Part 1910

Revising Standards Referenced in the Acetylene Standard; Proposed Rule

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2008-0034]
RIN 1218-AC08

Revising Standards Referenced in the Acetylene Standard

AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Agency is
proposing to revise its Acetylene Standard for general industry by
updating references to standards published by standards developing
organizations (i.e., ``SDO standards''). OSHA also is publishing a
direct final rule in today's Federal Register taking these same
actions. This NPRM is the companion document to the direct final rule.
This rulemaking is a continuation of OSHA's ongoing effort to update
references to SDO standards used throughout its rules.

DATES: Submit comments to this NPRM (including comments to the
information-collection (paperwork) determination described under the
section titled Procedural Determinations), hearing requests, and other
information by September 10, 2009. All submissions must bear a postmark
or provide other evidence of the submission date. (The following
section titled ADDRESSES describes methods available for making
submissions.)

ADDRESSES: Submit comments and hearing requests as follows:
     Electronic. Submit comments electronically to http://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for submitting comments.
     Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents. Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments, in triplicate hard copy, to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2008-0034) so that the Agency can attach them to the
appropriate document.
     Regular mail, express delivery, hand (courier) delivery,
and messenger service. Submit three copies of comments and any
additional material (e.g., studies, journal articles) to the OSHA
Docket Office, Docket No. OSHA-2008-0034 or RIN No. 1218-AC08,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is<PHONE_NUMBER>.) Note that security-related
procedures may result in significant delays in receiving comments and
other written materials by regular mail. Please contact the OSHA Docket
Office for information about security procedures concerning delivery of
materials by express delivery, hand delivery, and messenger service.
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45
p.m., E.T.
     Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2008-0034).
Comments and other material, including any personal information, are
placed in the public docket without revision, and will be available
online at http://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    OSHA requests comments on all issues related to this NPRM. It also
welcomes comments on its findings that this NPRM would have no negative
economic, paperwork, or other regulatory impacts on the regulated
community. This NPRM is the companion document to a direct final rule
also published in today's Federal Register. If OSHA receives no
significant adverse comment on the companion direct final rule, it will
publish a Federal Register document confirming the effective date of
the direct final rule and withdrawing this NPRM. The confirmation may
include minor stylistic or technical corrections to the document. For
the purpose of judicial review, OSHA considers the date that it
confirms the effective date of the direct final rule to be the date of
issuance. However, if OSHA receives significant adverse comment on the
direct final rule, it will publish a timely withdrawal of the direct
final rule and proceed with this proposal, which addresses the same
revisions to the Acetylene Standard.
     Docket. The electronic docket for this proposal
established at http://www.regulations.gov lists most of the documents
in the docket. However, some information (e.g., copyrighted material)
is not publicly available to read or download through this Web site.
All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Contact the OSHA
Docket Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Press inquiries. Contact Jennifer
Ashley, OSHA Office of Communications, Room N-3647, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
(202) 693-1999.
    General and technical information. Contact Ted Twardowski, Office
of Safety Systems, Directorate of Standards and Guidance, Room N-3609,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice.
Electronic copies are available at http://www.regulations.gov. This
Federal Register notice, as well as news releases and other relevant
information, also are available at OSHA's Web page at http://
www.osha.gov.

Table of Contents

I. Background
II. Direct Final Rulemaking
III. Summary and Explanation of Revisions to the Acetylene Standard
IV. Procedural Determinations
    A. Legal Considerations
    B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State-Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Public Participation
V. Authority and Signature

I. Background

    This action is part of a rulemaking project instituted by the
Occupational Safety and Health Administration (``OSHA'' or ``the
Agency'') to update OSHA standards that reference or include language
from outdated standards published by standards developing organizations
(``SDO standards'') (69 FR 68283). The SDO

standards referenced in OSHA's Acetylene Standard (29 CFR 1910.102) are
among the SDO standards that the Agency identified for revision.
    OSHA adopted the Acetylene Standard in 1974 pursuant to Section
6(a) of the Occupational Safety and Health Act of 1970 (OSH Act; 29
U.S.C. 651, 655). This section allowed OSHA, during the first two years
after passage of the OSH Act, to adopt existing Federal and national
consensus standards as OSHA safety and health standards, including the
current Acetylene Standard.
    After OSHA announced the SDO rulemaking project, the Agency met
with the Compressed Gas Association (``CGA'') about the rulemaking
project. CGA, a private standard organization, provided detailed
recommendations on updating SDO standards referenced in OSHA standards,
including the Acetylene Standard (Ex. OSHA-2008-0034-0003). Thereafter,
the U.S. Chemical Safety and Hazard Investigation Board (``Chemical
Safety Board'') also recommended that OSHA update the SDO standards
referenced in the Acetylene Standard (Ex. OSHA-2008-0034-0004).

II. Direct Final Rulemaking

    In a direct final rulemaking (``DFR''), an agency publishes a DFR
in the Federal Register along with a statement that the rule will
become effective unless the agency receives significant adverse comment
within a specified period. The agency also publishes concurrently an
identical proposed rule. If the agency receives no significant adverse
comment, the DFR goes into effect. If, however, the agency receives
significant adverse comment, the agency withdraws the DFR and treats
the comments as submissions on the proposed rule.
    OSHA uses DFRs in the SDO rulemaking project because it expects the
rules to: be noncontroversial; provide protection to employees that is
at least equivalent to the protection afforded to them by the outdated
SDO standard; and impose no significant new compliance costs on
employers (69 FR 68283, 68285). OSHA is using DFRs to update or, when
appropriate, revoke references to outdated national SDO standards in
OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, and 71 FR 80843).
    For purposes of the DFR, a significant adverse comment is one that
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach. In determining whether a
comment necessitates withdrawal of the DFR, OSHA will consider whether
the comment raises an issue serious enough to warrant a substantive
response in a notice-and-comment process. OSHA will not consider a
comment recommending additional revisions to a rule to be a significant
adverse comment unless the comment states why the DFR would be
ineffective without the revisions. If OSHA receives a timely
significant adverse comment, the Agency will publish a Federal Register
notice withdrawing the DFR no later than 90 days after the publication
date of the notice.
    OSHA believes that the proposed revisions to the Acetylene Standard
would not compromise the safety of employees, and instead would enhance
employee protection. For example, the updated Acetylene Standard would
include mandatory requirements for acetylene piping systems, have
special requirements for high-pressure piping systems, and prohibit
storage of acetylene cylinders in confined spaces--requirements that
are not included in the current SDO standards. The updated SDO
standards also provide employers with new and more extensive
information than the current standards, which should facilitate
compliance. Replacing the unenforceable SDO standard in Sec.
1910.102(b) (i.e., Compressed Gas Association Pamphlet G-1.3-1959; see
discussion below under Section III.A (``Sec.  1910.102(c)--Generators
and filling cylinders'')) will clarify employers' compliance
obligations and prevent inappropriate enforcement action, while also
increasing employee protection.
    The Agency preliminarily determined that updating and replacing the
SDO standards in the Acetylene Standard is appropriate for direct final
rulemaking. As described below, the proposed revisions will make the
requirements of OSHA's Acetylene Standard consistent with current
industry practices, thereby eliminating confusion and clarifying
employer obligations. Eliminating confusion and clarifying employer
obligations should increase employee safety while reducing compliance
costs.

III. Summary and Explanation of Revisions to the Acetylene Standard

    This NPRM would update the SDO standards referenced in the three
paragraphs that comprise the Acetylene Standard. The Compressed Gas
Association (CGA) published several editions of these SDO standards
after OSHA adopted them in 1974, and one of these standards (i.e.,
Compressed Gas Association Pamphlet G-1.4-1966), is no longer available
for purchase from CGA. Therefore, to ensure that employers have access
to the latest safety requirements for managing acetylene, OSHA is
proposing in this rulemaking to adopt the requirements specified in the
most recent versions of the SDO standards. The following discussion
provides a summary of the revisions OSHA is proposing for paragraphs
(a), (b), and (c) of the Acetylene Standard.

A. Sec.  1910.102(a)--Cylinders.

    For paragraph (a) of Sec.  1910.102, the NPRM proposes to replace
the reference to the 1966 edition of CGA Pamphlet G-1 (``Acetylene'')
(Ex. OSHA-2008-0034-0005) with the most recent (i.e., 2003) edition of
that standard (also entitled ``Acetylene'') ((Ex. OSHA-2008-0034-0006).
According to CGA, the 2003 edition is the fifth revision of the
standard since OSHA adopted the 1966 edition in 1974 (Ex. OSHA-2008-
0034-0003).
    In reviewing CGA-1-2003, OSHA identified two provisions in that
standard that appear to be substantive revisions from the 1966 edition.
First, the last provision of paragraph 5.2 in the 2003 edition
prohibits storing acetylene cylinders in confined spaces such as
drawers, closets, unventilated cabinets, automobile trunks, or
toolboxes. In addition, the document recommends that acetylene
cylinders should not be stored or transported in automobiles or any
enclosed vehicles. The 1966 edition contains neither the above
prohibition nor recommendation. Second, both editions recommend flow
rates that will minimize withdrawal of liquid solvent when releasing
acetylene from a cylinder; however, the recommended flow rates differ
between the two editions. Paragraph <IP_ADDRESS> of the 1966 edition
specifies that the flow rate should be one-seventh of the capacity of
the cylinder per hour regardless of the duration of use, while
paragraph 6.2 of the 2003 edition recommends a flow rate of one-tenth
of the cylinder capacity per hour during intermittent use, and one-
fifteenth of the cylinder capacity per hour during continuous use.\1\
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    \1\ Note that both of these flow-rate provisions are advisory,
not mandatory.
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    Other differences between the 1966 and 2003 editions of CGA G-1
include adding the following sentence to the provision warning
employers to avoid abnormal mechanical shocks that could damage
cylinders, valves, and pressure-relief devices: \2\ ``This [avoiding
abnormal mechanical shocks] is especially important on those small
cylinders not equipped with protection

caps.'' This sentence notifies employers that the valves of small
cylinders are especially susceptible to damage (and possible release of
acetylene) because protective caps or guards do not cover the valves.
Similarly, in the 2003 edition, CGA added a provision to section 6.2
(``Withdrawing acetylene from cylinders'') \3\ requiring employers to
``[v]isually examine the CGA connection on the cylinder and remove any
visible contamination before connecting the regulator. Clean out the
contaminant using nitrogen, air, or a clean rag. Avoid opening an
acetylene cylinder valve without a suitable regulator and flow
restrictor such as a torch attached.'' This provision prevents the
following two hazards: (1) Acetylene-related explosions (by removing
contaminants that could serve as an ignition source), and (2) massive
releases of acetylene into the workplace (by notifying employers to use
suitable regulators and restrictors to control the rate at which
acetylene flows from a cylinder).
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    \2\ See paragraph 5.2.1 of the 1966 edition, and the first
paragraph of section 6.1 of the 2003 edition.
    \3\ Section 5.3 of the 1966 version regulates the withdrawal of
acetylene from cylinders.
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    The remaining differences between the 1966 and 2003 editions
include: making plain-language revisions to the text; providing
measurements using the International System of Units; listing current
Department of Transportation specifications; presenting guidance in the
2003 edition on how to handle leaking cylinders; and noting in the 2003
edition that commercial acetylene generally is considered nontoxic. CGA
also added text to the 2003 edition that prohibits tightening leaking
fuseplugs or valves while the cylinder is under pressure, as well as
enhanced illustrations (Figure 1) of acetylene cylinder-shell
constructions.
    OSHA believes that the provisions of CGA G-1-2003 are consistent
with the usual and customary practice of employers in the industry, and
preliminarily determines that incorporating CGA G-1-2003 into paragraph
(a) of Sec.  1910.102 would not add compliance burden for employers.
OSHA invites the public to comment on whether the revisions made to CGA
G-1-1966 in the 2003 edition of the standard represent current industry
practice.

B. Sec.  1910.102(b)--Piped systems.

    CGA no longer publishes CGA Pamphlet G-1.3-1959 (``Acetylene
Transmission for Chemical Synthesis'') (Ex. OSHA-2008-0034-0007). In
addition, both this standard and its recent replacement (i.e., Part 3
of CGA G-1.2-2006 (``Acetylene piping''), (Ex. OSHA-2008-0034-0008))
consist entirely of advisory provisions. Under existing law (see, e.g.,
Usery v. Kennecott Copper Corporation (577 F.2d 1113 (10th Cir. 1977)),
OSHA cannot enforce advisory provisions. Therefore, this NPRM proposes
to revise paragraph (b) of Sec.  1910.102 to refer instead to the
requirements for acetylene piping systems specified in Chapter 9
(``Acetylene Piping'') of NFPA 51A-2006 (``Standard for Acetylene
Charging Plants'') (Ex. OSHA-2008-0034-0009) or Chapter 7 (``Acetylene
Piping'') of NFPA 51A-2001 (``Standard for Acetylene Charging Plants'')
(Ex. OSHA-2008-0034-0010). Whether employers use NFPA 51A-2006 or NFPA
51A-2001 would depend on when the facilities, equipment, structures, or
installations used to generate acetylene or to charge (fill) acetylene
cylinders were approved for construction or installation. (See
discussion of which NFPA standard applies in the Section III.C below
(``Sec.  1910.102(c)--Generators and filling cylinders'').)
    The piping-system requirements specified in NFPA 51A-2006 or NFPA
51A-2001 are not as extensive as the requirements contained in either
CGA Pamphlet G-1.3-1959 or Part 3 of CGA G-1.2-2006. However, OSHA
believes that the piping-system requirements in the two NFPA standards
will provide employers with important information for installing and
maintaining piping systems used to transfer acetylene until a more
detailed (and enforceable) standard becomes available. In addition,
unlike CGA Pamphlet G-1.3-1959, the two NFPA standards have special
requirements for high-pressure acetylene piping systems, which likely
would increase employee protection. Meanwhile, paragraph (b)(iv) of
Sec.  1910.102 refers employers to Part 3 of CGA G-1.2-2006 for
additional information on acetylene piping systems.
    OSHA believes that the revisions it is proposing to Sec.
1910.102(b) represent the usual and customary practice of the industry
today. Therefore, OSHA preliminarily concludes that making the proposed
revisions would not impose an additional compliance burden on
employers. Accordingly, OSHA requests public comment on the extent to
which the revisions proposed for Sec.  1910.102(b) represent current
industry practice.

C. Sec.  1910.102(c)--Generators and filling cylinders.

    CGA no longer publishes the consensus standard referenced in
paragraph (c) of CGA G-1.4-1966 (``Standard for Acetylene Charging
Plants'') (Ex. OSHA-2008-0034-0011). In 1970, the National Fire
Protection Association (NFPA) adopted this CGA standard as NFPA 51A
(``Standard for Acetylene Charging Plants'') (Ex. OSHA-2008-0034-0012).
NFPA manages revisions to this standard, the latest versions of which
it published in 2001 and 2006.
    Section 1.4.1 of the 2006 standard excepts from the standard any
``facilities, equipment, structures, or installations that existed or
were approved for construction or installation prior to the effective
date of the standard.'' \4\ This section also states, ``Where
specified, the provisions of this standard shall be retroactive.'' \5\
Therefore, this provision requires compliance with the entire standard
only when facilities, equipment, structures, or installations were
approved for construction or installation on or after February 16,
2006, the effective date of the 2006 standard. However, the 2001
edition of NFPA 51A (Ex. OSHA-2008-0034-0013) has no effective-date
provision, and applies retroactively to all facilities, equipment,
structures, or installations that existed (or were approved for
construction and installation) prior to February 16, 2006.
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    \4\ OSHA interprets the phrase ``were approved for construction
or installation prior to the effective date of the standard'' to
mean that construction and installation occurred on or after the
effective date of the standard.
    \5\ OSHA found no such provisions in the standard.
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    OSHA is proposing in this NPRM that employers comply with NFPA 51A-
2001, provided they demonstrate that the installations, facilities,
equipment, or structures used to generate acetylene or to charge (fill)
acetylene cylinders existed, or were approved for construction or
installation, prior to February 16, 2006. Employers having
installations, facilities, equipment, or structures approved for
construction or installation on or after February 16, 2006, would have
to comply with NFPR 51A-2006.\6\ By removing the reference to an
outdated, unavailable standard from Sec.  1910.102(c), and updating the
referenced standards to be consistent with current industry practices,
OSHA believes that the proposed revisions to Sec.  1910.102(c) would
reduce regulatory confusion and ensure up-to-date employee protection.
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    \6\ While not mandated, OSHA encourages employers covered NFPA
51A-2001 to comply with the requirements of NFPA 51A-2006.
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    While many of the differences between CGA G-1.4-1966 and NFPA 51A-
2001 and -2006 involve minor revisions to the text, usually to update
the terminology or to improve the

comprehensibility of the text, a number of the differences are
substantive. OSHA compiled lists of these substantive differences, and
is making these lists available in the docket at http://
www.regulations.gov (see Exs. OSHA-2008-0034-0014 and -0015).
    OSHA believes that employers in the industry currently apply the
requirements of NFPA 51A-2001 to installations, facilities, equipment,
or structures constructed or installed prior to February 16, 2006, and
that they apply NFPA 51A-2006 to installations, facilities, equipment,
or structures approved for construction or installation on or after
February 16, 2006. Consequently, OSHA preliminarily determines that
this NPRM would impose no additional compliance burden on these
employers. OSHA invites the public to comment on the extent to which
employers involved in charging acetylene cylinders already comply with
NFPA 51A-2001 and -2006, as well as any additional burden these
employers would have if OSHA adopted the proposed standard.

IV. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), is ``to assure so far as possible every working
man and woman in the nation safe and healthful working conditions and
to preserve our human resources.'' 29 U.S.C. 651(b). To achieve this
goal, Congress authorized the Secretary of Labor to promulgate and
enforce occupational safety and health standards. 29 U.S.C. 655(b),
654(b). A safety or health standard is a standard ``which requires
conditions, or the adoption or use of one or more practices, means,
methods, operations, or processes, reasonably necessary or appropriate
to provide safe or healthful employment or places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of Section 652(8) when a significant risk of material harm
exists in the workplace and the standard would substantially reduce or
eliminate that workplace risk.
    This proposed rule will not reduce the employee protections put
into place by the standards OSHA is updating under this rulemaking. In
fact, this rulemaking likely would enhance employee safety by adding
requirements, eliminating confusing requirements, and clarifying
employer obligations. Therefore, it is unnecessary to determine
significant risk, or the extent to which this rule would reduce that
risk, as typically is required by Industrial Union Department, AFL-CIO
v. American Petroleum Institute (448 U.S. 607 (1980)).

B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification

    The proposed standard would not be ``economically significant'' as
specified by Executive Order 12866, or a ``major rule'' under Section
804 of the Small Business Regulatory Enforcement Fairness Act of 1996
(``SBREFA''; 5 U.S.C. 804). The direct final rule does not impose
significant additional costs on any private- or public-sector entity,
and does not meet any of the criteria for an economically significant
or major rule specified by Executive Order 12866 and the relevant
statutes. (While not economically significant, as part of OSHA's
regulatory agenda, the proposed standard is a ``significant regulatory
action'' under Executive Order 12866.)
    The NPRM simply proposes to update references to outdated SDO
standards in OSHA's Acetylene Standard. The Agency preliminarily
concludes that the proposed revisions would not impose any additional
costs on employers because it believes that the updated SDO standards
represent the usual and customary practice of employers in the
industry. Consequently, the proposal imposes no costs on employers.
Therefore, OSHA certifies that it would not have a significant impact
on a substantial number of small entities. Accordingly, the Agency is
not preparing a regulatory flexibility analysis under the SBREFA (5
U.S.C. 601 et seq.).

C. OMB Review Under the Paperwork Reduction Act of 1995

    Neither the existing nor updated SDO standards addressed by this
NPRM contain collection-of-information requirements. Therefore, this
NPRM does not impose or remove any information-collection requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq. and 5 CFR part 1320. Accordingly, the Agency does not have to
prepare an Information Collection Request in association with this
rulemaking.
    Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of
Management and Budget, Room 10235, 725 17th Street, NW., Washington, DC
20503. The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of the
direct final rule. For instructions on submitting these comments and
accessing the docket, see the sections of this Federal Register notice
titled DATES and ADDRESSES. However, OSHA will not consider any comment
received on this paperwork determination to be a ``significant adverse
comment'' as specified above under Section II (``Direct Final
Rulemaking'').
    To make inquiries, or to request other information, contact Mr.
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone<PHONE_NUMBER>.

D. Federalism

    OSHA reviewed this NPRM in accordance with the Executive Order on
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which
requires that Federal agencies, to the extent possible, refrain from
limiting State policy options, consult with States prior to taking any
actions that would restrict State policy options, and take such actions
only when clear constitutional authority exists and the problem is
national in scope. Executive Order 13132 provides for preemption of
State law only with the expressed consent of Congress. Any such
preemption must be limited to the extent possible.
    Under Section 18 of the Occupational Safety and Health Act of 1970
(``OSH Act''; U.S.C. 651 et seq.), Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as ``State-Plan
States.'' (29 U.S.C. 667.) Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. Subject to these requirements, State-Plan States are
free to develop and enforce their own requirements for occupational
safety and health standards.
    While OSHA drafted this NPRM to protect employees in every State,
Section 18(c)(2) of the Act permits State-Plan States and Territories
to develop and enforce their own standards for acetylene operations
provided these requirements are at least as effective in providing safe
and healthful employment and places of employment as the final
requirements that result from this proposal.
    In summary, this NPRM complies with Executive Order 13132. In
States without OSHA-approved State Plans,

any standard developed from this proposal would limit State policy
options in the same manner as every standard promulgated by OSHA. In
States with OSHA-approved State Plans, this rulemaking would not
significantly limit State policy options.

E. State-Plan States

    When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 26 States or U.S. Territories
with their own OSHA-approved occupational safety and health plans
(``State-Plan States'') must amend their standards to reflect the new
standard or amendment, or show OSHA why such action is unnecessary
(e.g., because an existing State standard covering this area is already
``at least as effective'' as the new Federal standard or amendment. (29
CFR 1953.5(a).) The State standard must be at least as effective as the
final Federal rule, must be applicable to both the private and public
(State and local government employees) sectors, and must be completed
within six months of the publication date of the final Federal rule.
When OSHA promulgates a new standard or amendment that does not impose
additional or more stringent requirements than the existing standard,
State-Plan States are not required to amend their standards, although
OSHA may encourage them to do so.
    OSHA preliminarily determined that the State-Plan States would have
to adopt provisions comparable to the provisions in this NPRM within
six months after the Agency publishes the final rule that results from
this proposal. OSHA believes that the provisions of this NPRM would
provide employers in State-Plan States and Territories with new and
critical information and methods necessary to protect their employees
from the hazards found in and around workplaces engaged in acetylene
operations. The 26 States and Territories with OSHA-approved State
Plans are: Alaska, Arizona, California, Connecticut, Hawaii, Indiana,
Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New
Jersey, New York, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and
Wyoming. Connecticut, New Jersey, New York, and the Virgin Islands have
OSHA-approved State Plans that apply to State and local government
employees only. Until a State-Plan State/Territory promulgates its own
comparable provisions based on the final rule developed from this NPRM,
Federal OSHA will provide the State/Territory with interim enforcement
assistance, as appropriate.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this NPRM in accordance with the Unfunded Mandates
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (56 FR 58093). As discussed above in Section IV.B
(``Preliminary Economic Analysis and Regulatory Flexibility Act
Certification'') of this notice, the Agency determined preliminarily
that this NRPM would not impose additional costs on any private- or
public-sector entity. Accordingly, this NRPM would require no
additional expenditures by either public or private employers.
    As noted above under Section IV.E (``State-Plan States'') of this
notice, the Agency's standards do not apply to State and local
governments except in States that have elected voluntarily to adopt a
State Plan approved by the Agency. Consequently, this NPRM would not
meet the definition of a ``Federal intergovernmental mandate'' (see
Section 421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the
purposes of the UMRA, the Agency certifies that this proposed rule does
not mandate that State, local, or tribal governments adopt new,
unfunded regulatory obligations, or increase expenditures by the
private sector of more than $100 million in any year.

G. Public Participation

    OSHA requests comments on all issues concerning this NPRM. The
Agency also welcomes comments on its determination that this NPRM would
have no negative economic or other regulatory impacts on employers, and
will increase employee protection. If OSHA receives no significant
adverse comment, it will publish a Federal Register document confirming
the effective date contained in the companion direct final rule (DFR)
and withdrawing this NPRM. Such confirmation may include minor
stylistic or technical corrections to the document. A full discussion
of what constitutes a significant adverse comment is discussed above in
Section II (``Direct Final Rulemaking'').
    The Agency will withdraw the DFR if it receives significant adverse
comment on the amendments contained in the DFR, and proceed with this
NPRM by addressing the comment(s) and publishing a new final rule.
Should the Agency receive a significant adverse comment regarding some
actions taken in the DFRs, but not others, it may (1) finalize those
actions that did not receive significant adverse comment, and (2)
conduct further rulemaking under this NPRM for the actions that
received significant adverse comment. The comment period for this NPRM
runs concurrently with that of the DFR. Therefore, any comments
received under this NPRM will be treated as comments regarding the DFR.
Similarly, OSHA will consider a significant adverse comment submitted
to the DFR as a comment to this NPRM; the Agency will consider such a
comment in developing a subsequent final rule.
    Comments received will be posted without revision to http://
www.regulations.gov, including any personal information provided.
Accordingly OSHA cautions commenters about submitting personal
information such as Social Security numbers and birth dates.

List of Subjects in 29 CFR Part 1910

    Acetylene, General industry, Occupational safety and health,
Safety.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, directed the preparation of this proposed
standard. The Agency is issuing this proposed standard under Sections
4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653, 655, 657), Secretary of Labor's Order 5-2007 (72 FR 31159),
and 29 CFR part 1911.

    Signed at Washington, DC on July 30, 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and
Health..

    For the reasons stated above in the preamble, OSHA is proposing to
amend 29 CFR part 1910 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

    1. Revise the authority citation for subpart A of part 1910 to read
as follows:

    Authority:  Sections 4, 6, 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), and 5-2007 (72 FR 31159), as applicable.
    Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5
U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular
A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

    2. Amend Sec.  1910.6 as follows:

    A. Revise paragraph (k)(3).
    B. Remove paragraphs (k)(4) and (k)(5), and redesignate paragraphs
(k)(6) through (k)(15) as paragraphs (k)(4) through (k)(13).
    C. Add new paragraphs (q)(34) and (q)(35).
    The additions and revisions read as follows:

Sec.  1910.6  Incorporation by reference.

* * * * *
    (k) * * *
    (3) CGA G-1-2003 Acetylene, IBR approved for Sec.  1910.102(a).
Copies of CGA Pamphlet G-1-2003 are available for purchase from the:
Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor,
Chantilly, VA 20151; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>* * * * *
    (q) * * *
    (34) NFPA 51A (2001) Standard for Acetylene Cylinder Charging
Plants, IBR approved for Sec.  1910.102(b) and (c). Copies of NFPA 51A-
2001 are available for purchase from the: National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-3555; e-mail<EMAIL_ADDRESS>    (35) NFPA 51A (2006) Standard for Acetylene Cylinder Charging
Plants, IBR approved for Sec.  1910.102(b) and (c). Copies of NFPA 51A-
2006 are available for purchase from the: National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-3555; e-mail<EMAIL_ADDRESS>* * * * *

Subpart H--[Amended]

    3. Revise the authority citation for subpart H of part 1910 to read
as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), or 5-2007 (72 FR 31159), as applicable; and 29
CFR part 11.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR
part 1911.
    Section 1910.119 also issued under Section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655
Note.
    Section 1910.120 also issued under Section 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), and 5 U.S.C. 553.

    4. Revise Sec.  1910.102 to read as follows:

Sec.  1910.102  Acetylene.

    (a) Cylinders. Employers must ensure that the in-plant transfer,
handling, storage, and use of acetylene in cylinders comply with the
provisions of CGA Pamphlet G-1-2003 (``Acetylene'') (Compressed Gas
Association, Inc., 11th ed., 2003).
    (b) Piped systems. (1) Employers must comply with Chapter 9
(``Acetylene Piping'') of NFPA 51A-2006 (``Standard for Acetylene
Charging Plants'') (National Fire Protection Association, 2006 ed.,
2006).
    (2) When employers can demonstrate that the facilities, equipment,
structures, or installations used to generate acetylene or to charge
(fill) acetylene cylinders were installed prior to February 16, 2006,
these employers may comply with the provisions of Chapter 7
(``Acetylene Piping'') of NFPA 51A-2001 (``Standard for Acetylene
Charging Plants'') (National Fire Protection Association, 2001 ed.,
2001).
    (3) The provisions of Sec.  1910.102(b)(2) also apply when the
facilities, equipment, structures, or installations used to generate
acetylene or to charge (fill) acetylene cylinders were approved for
construction or installation prior to February 16, 2006, but
constructed and installed on or after that date.
    (4) For additional information on acetylene piping systems, see CGA
G-1.2-2006, Part 3 (``Acetylene piping'') (Compressed Gas Association,
Inc., 3rd ed., 2006).
    (c) Generators and filling cylinders. (1) Employers must ensure
that facilities, equipment, structures, or installations used to
generate acetylene or to charge (fill) acetylene cylinders comply with
the provisions of NFPA 51A-2006 (``Standard for Acetylene Charging
Plants'') (National Fire Protection Association, 2006 ed., 2006).
    (2) When employers can demonstrate that the facilities, equipment,
structures, or installations used to generate acetylene or to charge
(fill) of acetylene cylinders were constructed or installed prior to
February 16, 2006, these employers may comply with the provisions of
NFPA 51A-2001 (``Standard for Acetylene Charging Plants'') (National
Fire Protection Association, 2001 ed., 2001).
    (3) The provisions of Sec.  1910.102(c)(2) also apply when the
facilities, equipment, structures, or installations were approved for
construction or installation prior to February 16, 2006, but
constructed and installed on or after that date.

[FR Doc. E9-18643 Filed 8-10-09; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18969-18970]
[FR Doc No: 2013-07218]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-692-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Negotiated Rate--Tenaska LPS-RO to be effective 4/1/
2013.
    Filed Date: 3/19/13.
    Accession Number: 20130319-5086.
    Comments Due: 5 p.m. ET 4/1/13.

    Docket Numbers: RP13-693-000.
    Applicants: Northern Border Pipeline Company.
    Description: Compressor Usage Surcharge 2013 to be effective 5/1/
2013.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5031.
    Comments Due: 5 p.m. ET 4/1/13.

    Docket Numbers: RP13-694-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Penalty Revenue Crediting Report of Horizon Pipeline
Company, L.L.C.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5049.
    Comments Due: 5 p.m. ET 4/1/13.

    Docket Numbers: RP13-695-000.
    Applicants: CenterPoint Energy Gas Transmission Comp.
    Description: CEGT LLC--Revenue Crediting effective May 1, 2013 to
be effective 5/1/2013.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5070.
    Comments Due: 5 p.m. ET 4/1/13.

    Docket Numbers: RP13-696-000.
    Applicants: East Tennessee Natural Gas, LLC, Murray I and II LLC,
Oglethorpe Power Corporation.
    Description: East Tennessee Natural Gas, LLC, et al. submits Joint
Petition for Temporary Waivers, et al.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5093.
    Comments Due: 5 p.m. ET 3/26/13.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-527-001.
    Applicants: Boardwalk Storage Company, LLC.
    Description: Correction Compliance Filing to be effective 3/3/2013.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5074.
    Comments Due: 5 p.m. ET 3/27/13.

    Docket Numbers: RP13-683-001.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Non-Conforming Remediation Errata to be effective 4/
15/2013.
    Filed Date: 3/20/13.
    Accession Number: 20130320-5089.
    Comments Due: 5 p.m. ET 4/1/13.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://

www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information,
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 21, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-07218 Filed 3-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68523-68524]
[FR Doc No: 2015-28213]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13135-004]

City of Watervliet; Notice of Application Accepted for Filing and
Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: License for Major Project-Existing Dam.
    b. Project No.: P-13135-004.
    c. Date filed: August 26, 2014.
    d. Applicant: City of Watervliet, New York.
    e. Name of Project: Delta Hydroelectric Project.
    f. Location: On the Mohawk River, in the City of Rome, Oneida
County, NY. No federal lands are occupied by the project works or
located within the project boundary.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Michael P. Manning, Mayor, City of
Watervliet, City Hall, Watervliet, NY 12189, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>or Mark Gleason, General Manager,
City of Watervliet, City Hall, Watervliet, NY 12189, Phone: 518-270-
3800x122, Email<EMAIL_ADDRESS>or Wendy Jo Carey, P.E.,
Albany Engineering Corporation, 5 Washington Square, Albany, NY 12205,
Phone:<PHONE_NUMBER>x401, Email<EMAIL_ADDRESS>    i. FERC Contact: Brandi Sangunett, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests and
requests for cooperating agency status: 60 days from the issuance date
of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests and requests for cooperating agency
status using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-13135-004.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The proposed project would consist of: (1) The existing 1,016-
foot-long, 76-foot-high Delta dam, owned by the New York State Canal
Corporation; (2) an existing impoundment having a surface area of 2,700
acres and a storage capacity of 63,200 acre-feet at the spillway crest
elevation of 551.37 feet North American Vertical Datum of 1988; (3) a
new 40-foot-diameter cylindrical powerhouse containing one turbine-
generator unit with a total installed capacity of 7.4 megawatts; (4) a
new 15,000-foot-long, 34.5-kilovolt underground transmission line; and
(5) appurtenant facilities. The project would generate about 14,100
megawatt-hours of electricity annually.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available

for inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests filed, but only those
who file a motion to intervene in accordance with the Commission's
Rules may become a party to the proceeding. Any protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: October 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28213 Filed 11-4-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Pages 21940-21942]
[FR Doc No: 2022-07855]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94632; File No. SR-ISE-2022-09]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend a Pilot
To Permit the Listing and Trading of Options Based on \1/5\ the Value
of the Nasdaq-100 Index and the Nonstandard Expirations Pilot

    April 7, 2022.

    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 March 31, 2022, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the pilot to permit the listing and
trading of options based on \1/5\ the value of the Nasdaq-100 Index
(``Nasdaq-100'') and the Exchange's nonstandard expirations pilot
program, both currently set to expire on May 4, 2022.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, 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 Exchange 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 Exchange 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
    ISE proposes to extend 2 pilots, which are both set to expire on
May 4, 2022. The Exchange proposes to extend (1) its pilot to permit
the listing and trading of options based on \1/5\ the value of the
Nasdaq-100 Index (``NQX Pilot''), and (2) the Exchange's nonstandard
expirations pilot program (``Nonstandard Pilot'').
NQX Pilot
    ISE filed a rule change to permit the listing and trading of index
options on the Nasdaq 100 Reduced Value Index (``NQX'') on a twelve
month pilot basis.\3\ NQX options trade independently of and in
addition to NDX options, and the NQX options are subject to the same
rules that presently govern the trading of index options based on the
Nasdaq-100, including sales practice rules, margin requirements,
trading rules, and position and exercise limits. Similar to NDX, NQX
options are European-style and cash-settled, and have a contract
multiplier of 100. The contract specifications for NQX options mirror
in all respects those of the NDX options contract listed on the
Exchange, except that NQX options are based on \1/5\ of the value of
the Nasdaq-100, and are P.M.-settled pursuant to Options 4A, Section
12(a)(6).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 82911 (March 20,
2018), 83 FR 12966 (March 26, 2018) (SR-ISE-2017-106) (Approval
Order).
---------------------------------------------------------------------------

    The Exchange proposes to amend ISE Options 4A, Section 12(a)(6)(i)
to extend the current NQX Pilot period to November 4, 2022. The NQX
Pilot was previously extended with the last extension through May 4,
2022.\4\ The Exchange continues to have sufficient capacity to handle
additional quotations and message traffic associated with the listing
and trading of NQX options. In addition, index options are integrated
into the Exchange's existing surveillance system architecture and are
thus subject to the relevant surveillance processes. The Exchange also
continues to have adequate surveillance procedures to monitor trading
in NQX options thereby aiding in the maintenance of a fair and orderly
market. Additionally, there is continued investor interest in these
products and this extension will provide additional time to collect
data related to the NQX Pilot. The Exchange believes that the proposed
extension of the NQX Pilot will not have an adverse impact on capacity.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos.86071 (June 10,
2019), 84 FR 27822 (June 14, 2019) (SR-ISE-2019-18); 87379 (October
22, 2019), 84 FR 57793 (October 28, 2019) (SR-ISE-2019-27); 88683
(April 17, 2020), 85 FR 22768 (April 23, 2020) (SR-ISE-2020-18);
90257 (October 22, 2020), 85 FR 68387 (October 28, 2020) (SR-ISE-
2020-33); 91485 (April 6, 2021), 86 FR 19052 (April 12, 2021) (SR-
ISE-2021-05); and 93448 (October 28, 2021), 86 FR 60717 (November 3,
2021) (SR-ISE-2021-22).
---------------------------------------------------------------------------

NQX Pilot Report
    The Exchange currently makes public on its website the data and
analysis previously submitted to the Commission on the NQX Pilot and
will continue to make public any data or analysis it submits under the
NQX Pilot in the future. The Exchange intends to submit a rule change
proposing permanency of the NQX Pilot and would either provide
additional data in such proposal or in an annual report. The Exchange
would continue to provide the Commission with ongoing data unless and
until the NQX Pilot is made permanent or discontinued.
Nonstandard Pilot
    ISE filed a rule change for the listing and trading on the
Exchange, on a twelve month pilot basis, of p.m.-settled options on
broad-based indexes with nonstandard expirations dates.\5\ The

Nonstandard Pilot permits both Weekly Expirations and End of Month
(``EOM'') expirations similar to those of the a.m.-settled broad-based
index options, except that the exercise settlement value of the options
subject to the pilot are based on the index value derived from the
closing prices of component stocks. The Nonstandard Pilot was extended
various times with the last extension through May 4, 2022.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 82612 (February 1,
2018), 83 FR 5470 (February 7, 2018) (approving SR-ISE-2017-111)
(Order Approving a Proposed Rule Change To Establish a Nonstandard
Expirations Pilot Program).
    \6\ See Securities Exchange Act Release Nos. 85030 (February 1,
2019), 84 FR 2633 (February 7, 2019) (SR-ISE-2019-01); 85672 (April
17, 2019), 84 FR 16899 (April 23, 2019) (SR-ISE-2019-11); 87380
(October 22, 2019), 84 FR 57786 (October 28, 2019) (SR-ISE-2019-28);
88681 (April 17, 2020), 85 FR 22775 (April 23, 2020) (SR-ISE-2020-
17); 90265 (October 23, 2020), 85 FR 68605 (October 29, 2020) (SR-
ISE-2020-34); 91486 (April 6, 2021), 86 FR 19048 (April 12, 2021)
(SR-ISE-2021-06); and 93449 (October 28, 2021), 86 FR 60679
(November 3, 2021) (SR-ISE-2021-23).
---------------------------------------------------------------------------

    Supplementary Material .07(a) to Options 4A, Section 12 provides
that the Exchange may open for trading Weekly Expirations on any broad-
based index eligible for standard options trading to expire on any
Monday, Wednesday, or Friday (other than the third Friday-of-the-month
or days that coincide with an EOM expiration). Weekly Expirations are
subject to all provisions of Options 4A, Section 12 and are treated the
same as options on the same underlying index that expire on the third
Friday of the expiration month. Unlike the standard monthly options,
however, Weekly Expirations are p.m.-settled.
    Pursuant to Supplementary Material .07(b) to Options 4A, Section 12
the Exchange may open for trading EOM expirations on any broad-based
index eligible for standard options trading to expire on the last
trading day of the month. EOM expirations are subject to all provisions
of Options 4A, Section 12 and treated the same as options on the same
underlying index that expire on the third Friday of the expiration
month. However, the EOM expirations are p.m.-settled.
    The Exchange now proposes to amend Supplementary Material .07(c) to
Options 4A, Section 12 so that the duration of the Nonstandard Pilot
for these nonstandard expirations will be through November 4, 2022. The
Exchange continues to have sufficient systems capacity to handle p.m.-
settled options on broad-based indexes with nonstandard expirations
dates and has not encountered any issues or adverse market effects as a
result of listing them. Additionally, there is continued investor
interest in these products. The Exchange will continue to make public
on its website any data and analysis it submits to the Commission under
the Nonstandard Pilot. The Exchange believes that the proposed
extension of the Nonstandard Pilot will not have an adverse impact on
capacity.
Nonstandard Pilot Report
    The Exchange intends to submit a rule change proposing permanency
of the Nonstandard Pilot and would either provide additional data in
such proposal or in an annual report. The Exchange would continue to
provide the Commission with ongoing data unless and until the
Nonstandard Pilot is made permanent or discontinued.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

NQX Pilot
    In particular, the Exchange believes that the NQX Pilot has been
successful to date. The Exchange has not encountered any problems with
the NQX Pilot. By extending the NQX Pilot, the Exchange believes it
will attract order flow to the Exchange, increase the variety of listed
options, and provide a valuable hedge tool to retail and other
investors. Specifically, the Exchange believes that the NQX Pilot will
provide additional trading and hedging opportunities for investors
while providing the Commission with data to monitor for and assess any
potential for adverse market effects of allowing P.M.-settlement for
NQX options, including on the underlying component stocks.
Nonstandard Pilot
    The Exchange believes the proposed rule change will protect
investors and the public interest by providing the Exchange, the
Commission and investors the benefit of additional time to analyze
nonstandard expiration options. In particular, the Exchange believes
that the Nonstandard Pilot has been successful to date. The Exchange
has not encountered any problems with the Nonstandard Pilot. By
extending the Nonstandard Pilot, investors may continue to benefit from
a wider array of investment opportunities. Additionally, both the
Exchange and the Commission may continue to monitor the potential for
adverse market effects of p.m.-settlement on the market, including the
underlying cash equities market, at the expiration of these options.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will not impose an undue burden on inter-
market competition as this rule change will continue to facilitate the
listing and trading of new option products that will enhance
competition among market participants, to the benefit of investors and
the marketplace. Furthermore, these products could offer a competitive
alternative to other existing investment products. Finally, it is
possible for other exchanges to develop or license the use of a new or
different index to compete with these products and seek Commission
approval to list and trade options on such an index.
NQX Pilot
    NQX options would be available for trading to all market
participants and therefore would not impose an undue burden on intra-
market competition. The continued listing of the NQX Pilot will enhance
competition by providing investors with an additional investment
vehicle, in a fully-electronic trading environment, through which
investors can gain and hedge exposure to the Nasdaq-100.
Nonstandard Pilot
    Options with nonstandard expirations would be available for trading
to all market participants. The continued listing of the Nonstandard
Pilot will enhance competition by providing investors with an
additional investment vehicle, in a fully-electronic trading
environment, through which investors can gain and hedge exposure to the
Nasdaq-100.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
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)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 email to [email protected]. Please include
File Number SR-ISE-2022-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2022-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2022-09, and should be submitted on
or before May 4, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07855 Filed 4-12-22; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498

									     OFFICE OF

									AIR AND RADIATION

August 26, 2010

MEMORANDUM

SUBJECT:	Color versions of labels proposed by EPA and DOT in Notice of Proposed Rulemaking “Revisions and Additions to Motor Vehicle Fuel Economy Label”

FROM:	Roberts W. French, Jr.

		Compliance and Innovative Strategies Division

		Office of Transportation and Air Quality

TO:		EPA Docket # EPA-HQ-OAR-2009-0865

	This document replicates in color the label designs that are published in the Notice of Proposed Rulemaking “Revisions and Additions to Motor Vehicle Fuel Economy Label.” The use of color is integral to the label designs being proposed, and because the Federal Register is not published in color, EPA is making the color versions easily available via this docket memo, which is available both in the public docket and directly from the EPA website at http://www.epa.gov/fueleconomy/regulations.htm.  The figure numbers correspond to those appearing in the Notice of Proposed Rulemaking. Please note that these labels are examples and do not represent real automobiles.

Figure III-11.   Label 2 for PHEV, extended range electric (series) type.

Figure III-12.   Label 2 for PHEV (predominantly blended type).

Figure III-16.   Label 3 for electric vehicle.

 PAGE

 PAGE   2


[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Notices]
[Pages 10617-10618]
[FR Doc No: 2021-03488]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0021]

Petition for Waiver of Compliance

    Under part 211 of title 49 of the Code of Federal Regulations
(CFR), this document provides the public notice that on January 26,
2021, Norfolk Southern Corporation (NS), petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 236, Rules, Standards, and Instructions Governing the
Installation, Inspection, Maintenance, and Repair of Signal and Train
Control Systems, Devices, and Appliances. FRA assigned the petition
Docket Number FRA-2021-0021.
    Specifically, NS requests relief from 49 CFR 236.566, Locomotive of
each train operating in train stop, train control or cab signal
territory; equipped. The relief is requested for the Royalton

Branch in the Keystone Division, from milepost (MP) RY 0.0 to MP RY
21.9. NS seeks to operate positive train control (PTC) equipped
locomotives, that are not equipped with cab signal system equipment, in
cab signal system territory.
    PTC-equipped locomotives are to be used in switching, transfer
service, with or without cars, manifest trains, work trains, wreck
trains, ballast cleaners to and from work, and engines and rail diesel
cars moving to and from shops, with all movements made at timetable
speed. NS states that if a PTC-equipped locomotive experiences an en
route failure, then 49 CFR 236.1029, PTC system use and failures, would
apply.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 8, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-03488 Filed 2-19-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: September 7, 2010 (Volume 75, Number 172)]
[Notices]
[Page 54338-54339]
[DOCID:fr07se10-26]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0291; FRL-9196-8]

Agency Information Collection Activities: Submission to OMB for
Review and Approval; State Review Framework; EPA ICR Number 2185.04;
OMB Control No. 2020-0031

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before October 7,
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2010-0291, by one of the following methods:
     http://www.regulations.gov: (our preferred method) Follow
the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Enforcement and Compliance Docket, Environmental
Protection Agency, Mailcode: 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
     Hand Delivery: Information Center in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution, Avenue, 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 Reading Room is<PHONE_NUMBER>,
and the telephone number for the Enforcement and Compliance Docket is
(202) 566-1752. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

FOR FURTHER INFORMATION CONTACT: Susan Gilbertson, Office of
Enforcement and Compliance Assurance, Office of Compliance, MC: 2221A,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
564-0027; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On April 14, 2010 (75 FR 19384), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice. EPA has established a public docket for
this ICR under Docket ID No. EPA-HQ-OECA-2010-0291, which is available
for online viewing at http://www.regulations.gov or in person viewing
at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC 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 Reading Room is<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket is<PHONE_NUMBER>. Use EPA's electronic
docket and comment system at http://www.regulations.gov, to submit or
view public comments, access the index listing of the contents of the
docket, and to access those documents in the docket that are available
electronically. Once in the system, select ``docket search,'' then key
in the docket ID number identified above. Please note that EPA's policy
is that public comments, whether submitted electronically or on paper,
will be made available for public viewing at http://www.regulations.gov
as EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.

    Title: State Review Framework.
    ICR numbers: EPA ICR No. 2185.04, OMB Control No. 2020-0031.
    ICR status: This ICR is scheduled to expire on April 30, 2011. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR Part 9.
    Abstract: The State Review Framework (``Framework'') is an
oversight tool designed to assess state performance in enforcement and
compliance assurance. The Framework's goal is to evaluate state
performance by examining existing data to provide a consistent level of
oversight and develop a uniform mechanism by which EPA Regions, working
collaboratively with their states, can ensure that state environmental
agencies are consistently implementing the national compliance and
enforcement program in order to meet agreed-upon goals. Furthermore,
the Framework is designed to foster dialogue on enforcement and
compliance performance between the states that will enhance
relationships and increase feedback, which will in turn lead to
consistent program management and improved environmental results. The
Framework is described in the April 26, 2005, Federal Register Notice
(79 FR 21408) [http://edocket.access.gpo.gov/2005/pdf/05-8320.pdf].
This amendment will allow OECA to collect information from enforcement
and compliance files reviewed during routine on-site visits of state or
local agency offices that will assist in the evaluation of the State
Review Framework implementation from FY 2011 to the end of FY 2013.
This request will allow EPA to make inquiries to assess the State
Review Framework process, including the consistency achieved among the
EPA Regions and states, the resources required to conduct the reviews,
and the overall effectiveness of the program.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 612
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 54.
    Frequency of response: Once every four years.
    Estimated total average number of responses for each respondent:
One.
    Estimated total annual burden hours: 11,016 hours.
    Estimated total annual costs: $393,343. This includes an estimated
burden cost of $0 for capital investment or maintenance and operational
costs.
    Changes in the Estimates: There has been no increase in the hours
in the total estimated respondent burden compared with that identified
in the ICR currently approved by OMB. There has been an increase in the
cost in the total estimated respondent burden based on rates from the
Office of Personnel Management (OPM) ``2010 General Schedule.''

    Dated: August 26, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-22193 Filed 9-3-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30740-30741]
[FR Doc No: 2023-10161]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-069]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed May 1, 2023 10 a.m. EST Through May 8, 2023 10 a.m. EST

Pursuant to 40 CFR 1506.9

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230062, Draft, USA, AK, Draft Legislative Environmental
Impact Statement for the Public Law 106-65 Land Withdrawal Extension,
Comment Period Ends: 07/11/2023, Contact: Grant Sattler<PHONE_NUMBER>
EIS No. 20230063, Final, USFS, AK, Mendenhall Glacier Visitor Facility
Improvements, Review Period Ends: 06/26/2023, Contact: Monique Nelson
907-209-4090

Amended Notice

EIS No. 20230005, Draft, BLM, ND, North Dakota Resource Management Plan
Revision, Comment Period Ends: 05/22/2023, Contact: Kristine Braun 701-
227-7725

    Revision to FR Notice Published 01/20/2023; Extending the Comment
Period from 04/20/2023 to 05/22/2023.

    Dated: May 8, 2023.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2023-10161 Filed 5-11-23; 8:45 am]
BILLING CODE 6560-50-P