[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 47-51]
[FR Doc No: 2021-28237]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2020-0154; FRL-7998-02-OW]

State of New Mexico Underground Injection Control Program;
Primacy Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving an
application from the State of New Mexico under the Safe Drinking Water
Act (SDWA) to revise the State's existing Underground Injection Control
(UIC) program for Class I injection wells located within the State,
except those in Indian country. New Mexico has revised the State's UIC
Class I program regulations to establish new permit conditions,
oversight, and enforcement to manage hazardous waste injection
activities by petroleum refineries in such a manner that is protective
of underground sources of drinking water. The State's Class I hazardous
waste injection wells are only authorized for use by petroleum
refineries for the waste generated by the refinery (``generator'').
With this action, EPA is also codifying previously approved, non-
substantial changes to the New Mexico UIC program. New Mexico will
continue to implement and enforce a State UIC regulatory program that
is as stringent as the existing federal program.

DATES: This final rule is effective on January 3, 2022. The Director of
the Federal Register approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on January 3, 2022.
For judicial purposes, this final rule is promulgated as of January 3,
2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2020-0154. All documents in the docket are listed on the
http://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kyle Carey, Drinking Water Protection
Division, Office of Ground Water and Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address: [email protected], or Evelyn Rosborough, Region VI
Library (6WD), U.S. Environmental Protection Agency, 1201 Elm Street,
Suite 500, Dallas, Texas 75270; telephone number:<PHONE_NUMBER>; fax:
(214) 665-6490; email address: [email protected].

SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:

I. Introduction
    A. UIC State Primacy
    B. New Mexico's UIC Primacy Program Revision
    C. UIC Class I Wells
    D. This Final Rule
II. Legal Authorities
III. State UIC Program Requirements
IV. State of New Mexico's Application
    A. Background
    B. Public Participation Activities Conducted by the State of New
Mexico
    C. Public Participation Activities Conducted by EPA
V. Public Comments Received on the Proposed Rule and EPA's Response
to Comments
    A. Public Comments
    B. EPA's Response
VI. Incorporation by Reference
VII. Effective Date
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. Introduction

    EPA approved the State of New Mexico's UIC program as meeting the
requirements for primary enforcement responsibility (primacy) for Class
I, III, IV, and V injection wells, under SDWA Section 1422, on July 11,
1983.

A. UIC State Primacy

    To obtain primacy for the UIC program, EPA conducts a technical and
legal review of a state's primacy application. EPA's review encompasses
a comprehensive evaluation of every aspect of each of the following
elements: The state's UIC statutes and regulations, which must include
provisions that are as stringent as the federal requirements; documents
describing the public participation process; a request from the state's
governor for primacy under SDWA; the program description; an attorney's
general statement of enforcement authority; and a memorandum of
agreement between EPA and the state, describing the administration,
implementation, and enforcement of the state's UIC program.

B. New Mexico's UIC Primacy Program Revision

    The State of New Mexico has revised its UIC Class I program
regulations to establish new permit conditions, oversight, and
enforcement to manage Class I hazardous waste disposal wells by
petroleum refineries, except those in Indian country. EPA considers New
Mexico's application to be a ``substantial'' program revision and
therefore subject to the agency's approval procedures specified in the
Code of Federal Regulations (CFR) at 40 CFR 145.32(b)(2) and (4).

C. UIC Class I Wells

    Class I wells are typically drilled thousands of feet below the
lowermost underground source of drinking water as authorized under
SDWA. Non-hazardous waste disposal wells include municipal wastewater
treatment, food

production, and non-hazardous manufacturing waste. Whereas Class I
hazardous waste disposal wells include the injection of waste that may
be considered harmful to the public health or the environment.
Hazardous waste is generated from many sources, ranging from industrial
manufacturing process wastes to batteries. The injection of hazardous
waste is strictly regulated under the Resource Conservation and
Recovery Act (RCRA) and SDWA. Construction, permitting, operating, and
monitoring requirements are more stringent for Class I hazardous waste
disposal wells than for any other Class I injection well category.
Examples of Class 1 hazardous waste disposal well requirements are
listed Section V.B of this preamble.

D. This Final Rule

    In this final rule, EPA is approving New Mexico's application
because it meets or exceeds all applicable requirements for approval
under SDWA Section 1422 and the agency has determined that the State is
capable of administering a Class I program pertaining to hazardous
waste disposal wells for use by petroleum refineries in a manner
consistent with the terms and purposes of SDWA and all applicable
regulations to protect underground sources of drinking water (USDWs).
With EPA's approval, New Mexico will continue to implement and enforce
a state UIC regulatory program that is as stringent as the existing
federal program.
    This action also updates the compilation of previously approved
State statutes and regulations and, therefore, EPA is incorporating by
reference the amended compilation of New Mexico's SDWA 1422 Program for
Class I, III, IV, and V wells. See Section VI of this preamble for
further information on the incorporation by reference.

II. Legal Authorities

    These proposed regulations are being promulgated under the
authority of SDWA Sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.

III. State UIC Program Requirements

    SDWA Section 1421 requires the EPA Administrator to promulgate
federal requirements for effective state UIC programs to prevent
underground injection activities that endanger USDWs. SDWA Sections
1422 and 1425 establish requirements for states seeking EPA approval of
state UIC programs.
    For states that seek approval for UIC programs under SDWA Section
1422, EPA has promulgated a regulation setting forth the applicable
procedures and substantive requirements, codified at 40 CFR part 145.
It includes requirements for state permitting programs (by referencing
certain provisions of 40 CFR parts 24 and 144), compliance evaluation
programs, enforcement authority, and information sharing. Each state
UIC regulatory program must be as stringent as the existing federal
program.

IV. State of New Mexico's Application

A. Background

    On May 2, 2019, EPA determined that the agency had received a
complete UIC program revision application from the State of New Mexico,
in which the State requested approval of its revised UIC regulations
for Class I injection wells.
    On October 13, 2020 (85 FR 64437), EPA published a Federal Register
document announcing New Mexico's submittal of a complete UIC program
revision application to the agency. In that announcement, EPA proposed
to approve the application from New Mexico under SDWA Section 1422 to
implement a UIC program for Class I hazardous waste disposal wells for
use by petroleum refineries located within the State, except those in
Indian country; sought public comments on the agency's intent to
approve New Mexico's application; and provided an opportunity to
request a public hearing.

B. Public Participation Activities Conducted by the State of New Mexico

    On May 15, 2015, the New Mexico Water Quality Control Commission
(WQCC or Commission) published a public notice of the Commission's
intent to adopt amendments to the WQCC rules governing underground
injection control to authorize the State of New Mexico to allow the
approval of Class I hazardous waste injection wells for use by
petroleum refineries. The public notice was published in 15 newspapers
across the State of New Mexico. Written comments on the proposed
rulemaking changes were accepted between May 15, 2015, and July 14,
2015. A public hearing was held on July 14, 2015, before both a WQCC
hearing officer and the full Commission. Prior to the hearing, five
technical witnesses from the Navajo Nation and one from New Mexico Oil
Conservation Division pre-filed written testimony. At the hearing, in
addition to the technical witnesses, several members of the public,
including local elected officials, provided written or oral testimony
in favor of the proposed rule changes. There was no testimony, written
or oral, in opposition to the proposal.

C. Public Participation Activities Conducted by EPA

    As previously noted, on October 13, 2020, EPA published a document
announcing the receipt of a complete application for a UIC program
revision from New Mexico, the agency's proposed approval of New
Mexico's application, a request for public comment, and a public
hearing to be held on November 27, 2020. EPA published this
announcement in the Federal Register (85 FR 64437), the Albuquerque
Journal, the Roswell Daily Record, the Gallup Independent, and on
websites of both EPA Region VI and EPA Headquarters. In addition, EPA
emailed a link to the document published in the Federal Register to a
statewide list of interested stakeholders.

V. Public Comments Received on the Proposed Rule and EPA's Response to
Comments

A. Public Comments

    The public comment period on EPA's October 13, 2020 (85 FR 64437)
proposed approval was open for 45 days and ended on November 27, 2020.
EPA received 15 public comment submissions. Two commenters are in
support of the rule and provided clarification on the planned
permitting and use of Class I hazardous waste disposal wells by
petroleum refineries in New Mexico. Multiple commenters objected to the
proposed rule, expressing general confusion about the safety of
hazardous waste disposal within context of surface water and
groundwater sources of drinking water in New Mexico and the protection
provided under the UIC program in Indian country. These comments of
general non-support for the UIC program do not include specific
technical or legal assertions for EPA to further evaluate. For example,
several commenters expressed concern about the safety of underground
injection in general and with respect to sources of drinking water and
expressed confusion over the underground injection well permitting
authorities found within the State of New Mexico and Indian country.

B. EPA's Response

    SDWA sets the requirements for underground injection control
activities, including hazardous waste disposal, that are subject to
regulations promulgated by EPA and approval issued by either EPA or an
authorized state, tribe, or territory. These activities are regulated
by the UIC program. To operate an injection well, an owner or operator
must receive approval through

the appropriate UIC permitting authority. Injection well owners and
operators may not: Site, construct, operate, maintain, convert, plug,
abandon wells, or conduct any other injection activity that endangers
USDWs. The purpose of the UIC program requirements is to ensure that
either: Injected fluids stay within the well and the intended injection
zone, or fluids that are directly or indirectly injected into a USDW do
not cause a public water system to violate drinking water standards or
otherwise adversely affect public health. The UIC program works with
injection well owners and operators throughout the life of the well to
ensure their wells and their practices do not contaminate drinking
water. This is achieved through monitoring, reporting, inspections,
compliance assistance, and enforcement action.\1\
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    \1\ For information on the approval for UIC primary permitting
and enforcement authority visit: https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program.
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    Nationally, injection wells are overseen by a state, tribal, or
territorial agency or one of EPA's regional offices. The State of New
Mexico has primacy and is authorized to implement the UIC program for
Class I, II, III, IV, and V injection wells within the boundaries of
the State only (see Section I of this preamble). Since EPA's 1983 UIC
program primacy approval, the agency has determined that New Mexico is
capable of continuing to administer its UIC program in a manner
consistent with the terms and purposes of SDWA and all applicable
regulations to protect USDWs.
    Class I wells are typically drilled thousands of feet below the
lowermost underground source of drinking water. Hazardous waste
disposal is one of four approved injection fluid sub-categories under
the Class I program. Industry injects hazardous waste, as defined by
the RCRA, through Class I wells. These types of Class I wells are
strictly regulated under RCRA and SDWA. Construction, permitting,
operating, and monitoring requirements are more stringent for Class I
hazardous waste disposal wells than for other Class I injection well
categories. For example, preconstruction requirements for Class I
hazardous waste disposal wells include additional structural studies to
demonstrate: Injection and confining formations are free of vertically
transmissive fissures or faults; low seismicity and probability of
earthquakes; minimum area of review of two miles; and no-migration
petition demonstrating that fluids will remain in the injection zone
for as long as they are hazardous (e.g., modeling conducted to show
either the waste will remain in the injection zone for 10,000 years or
it will be rendered non-hazardous before migration) among other
requirements.\2\
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    \2\ A comparison of requirements between Class I non-hazardous
waste injection wells and Class I hazardous waste disposal wells can
be found at: https://www.epa.gov/sites/default/files/2015-10/documents/page_uic-class1_summary_class1_reqs_508c.pdf.
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    After close consideration of all the comments, EPA is providing a
clarifying response document that addresses the general concerns raised
by commenters. The comments received and EPA's response are available
in EPA's Docket No. EPA-HQ-OW-2020-0154.
    A virtual public hearing was held on November 27, 2020, with four
persons in attendance in addition to EPA staff and an EPA contractor.
The attendees did not provide comment.

VI. Incorporation by Reference

    In this action, EPA is approving the revisions to the State of New
Mexico's UIC program to permit Class I hazardous waste injection wells
for use by petroleum refineries in the State, except those in Indian
country. New Mexico's statutes and supporting documentation are
publicly available in EPA's Docket at EPA-HQ-OW-2020-0154. This action
amends 40 CFR part 147 and incorporates by reference the EPA-approved
State statutes and regulations considered by this rule.
    The provisions of New Mexico's statutes and regulations that
contain standards, requirements, and procedures applicable to owners or
operators of UIC Class I hazardous waste wells used by petroleum
refineries within the State are incorporated by reference into 40 CFR
147.1601 as described in the regulatory text. Provisions of the New
Mexico's statutes and regulations that contain standards, requirements,
and procedures applicable to owners or operators of Class I, III, IV,
and V injection were incorporated by reference into 40 CFR 147.1601
through prior EPA rules, but are being reapproved in this new format,
described in the following paragraph. Any provisions incorporated by
reference, as well as all permit conditions issued pursuant to such
provisions, are enforceable by EPA pursuant to SDWA Section 1423 and 40
CFR 147.1(e).
    In order to better serve the public, EPA is reformatting the
codification of EPA-approved New Mexico SDWA Section 1422 UIC program
statutes and regulations for well Classes I, III, IV, and V. Instead of
codifying the New Mexico statutes and regulations as separate
paragraphs, EPA is now incorporating by reference a compilation that
contains ``EPA Approved New Mexico SDWA Sec.  1422 Underground
Injection Control Program Statutes and Regulations for Well Classes I,
III, IV, and V,'' dated March 11, 2021. This compilation is
incorporated by reference into 40 CFR 147.1601 and is available at
https://www.regulations.gov in the docket for this rule. EPA has made,
and will continue to make, these documents generally available through
https://www.regulations.gov and also in hard copy at the EPA Region VI
office (see the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information). A complete list of the New Mexico
statutes and regulations contained in the compilation, titled ``EPA
Approved New Mexico SDWA Sec.  1422 Underground Injection Control
Program Statutes and Regulations for Well Classes I, III, IV, and V,''
dated March 11, 2021, is also now codified in Table 1 to paragraph (a)
at 40 CFR 147.1601.

VII. Effective Date

    This final rule is effective immediately upon publication. Section
553(d) of the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d),
provides that final rules shall not become effective until 30 days
after publication in the Federal Register, ``except . . . as otherwise
provided by the agency for good cause,'' among other exceptions. The
purpose of this provision is to ``give affected parties a reasonable
time to adjust their behavior before the final rule takes effect.''
Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996); see also
United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977)
(quoting legislative history). Thus, in determining whether good cause
exists to waive the 30-day delay, an agency should ``balance the
necessity for immediate implementation against principles of
fundamental fairness, which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA has determined that
there is good cause for making this final rule effective immediately.
This action approves State permitting, oversight, and enforcement
requirements for Class I hazardous waste disposal activities for use by
petroleum refineries and codifies other already-approved changes to the
New Mexico program. Currently, there are no Class I hazardous waste
disposal wells in New Mexico. As a result, there are no current
permittees that need time to prepare for this rule and any prospective
permittees will benefit from

the regulatory certainty that an immediate effective date will provide.
This final rule will not require affected persons to take action or
change behavior to come into compliance within the next 30 days.
    In this action, EPA is also amending 40 CFR part 147 to incorporate
non-substantial changes to the New Mexico UIC program, previously
approved by letter under 40 CFR 145.32(b)(4). EPA did not undergo
notice and comment on these non-substantial revisions because the
agency had previously approved them by letter and is now simply
updating the CFR to reflect these previously approved, non-substantial
revisions. Because these revisions have already been approved, the
codification of these revisions is ministerial. As a result, EPA finds
there is ``good cause'' pursuant to 5 U.S.C. 553(b) to publish these
codifications without prior notice and opportunity for comment. Letters
from EPA approving the non-substantial revisions to the New Mexico
Administrative Code and the New Mexico Annotated Statutes are included
in the docket for reference.
    For these reasons, EPA finds that good cause exists under Section 5
U.S.C. 553(d)(3) to make this rule effective immediately upon
publication.

VIII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review

    This action has been exempted from review under this Executive
Order by the Office of Management and Budget (OMB).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0042. Reporting or record-keeping requirements will
be based on the State of New Mexico UIC Regulations, and the State of
New Mexico is not subject to the PRA.

C. Regulatory Flexibility Act (RFA)

    The agency certifies that this action will not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden, or otherwise has a positive economic effect
on the small entities subject to the rule. This action does not impose
any requirements on small entities as this action approves and codifies
existing State of New Mexico's UIC program revisions. EPA has therefore
concluded that this action will have no net regulatory burden for any
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector. EPA's approval of
the State of New Mexico's program revisions will not constitute a
federal mandate because there is no requirement that a state establish
UIC regulatory programs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action contains no federal mandates for
tribal governments and does not impose any enforceable duties on tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the agency has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
Section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves program requirements for the
State of New Mexico's existing UIC program.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This action
approves the State of New Mexico's revisions to its existing UIC
program.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 808(2)). EPA has made a good cause finding for this rule as
discussed in Section VII of the preamble, including the basis for that
finding.

List of Subjects in 40 CFR Part 147

    Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.

Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, the Environmental
Protection Agency is amending 40 CFR part 147 as follows:

PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS

0
1. The authority citation for Part 147 continues to read as follows:

    Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

0
2. Revise Sec.  147.1601 as follows:

Sec.  147.1601  State-administered program--Class I, III, IV, and V
wells.

    The UIC Program for Class I, III, IV, and V wells in the State of
New Mexico, except for those located on Indian country as defined under
40 CFR 144.3, is the program administered by the New Mexico Water
Quality Control Commission, the New Mexico Environment Department
(formerly the New Mexico Environmental Improvement Division), and the
Oil Conservation Division of the New Mexico Energy, Minerals and
Natural Resources Department and approved by EPA pursuant to section
1422 of the Safe Drinking Water Act (SDWA). The effective date of this
program is August 10, 1983. A subsequent program revision application
for Class I hazardous waste injection wells, which are only authorized
for use by petroleum refineries for the waste generated by the refinery
(``generator''), except in Indian country, was approved by EPA pursuant
to section 1422 of the SDWA. The effective date of this program is
January 3, 2022. The State-administered UIC programs for Classes I,
III, IV, and V consist of the following elements, as submitted to EPA
in the State's program applications.
    (a) Incorporation by reference. The New Mexico State provisions
cited in ``EPA-Approved New Mexico SDWA Sec.  1422 Underground
Injection Control Program Statutes and Regulations for Well Classes I,
III, IV, and V,'' dated March 11, 2021, and listed in Table 1 to this
paragraph (a), are incorporated by reference and made a part of the
applicable UIC program under SDWA for the State of New Mexico. The
Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of the State of New Mexico's provisions that are incorporated by
reference may be inspected at the U.S. Environmental Protection Agency,
Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC 20004, or the Region VI, Library,
U. S. Environmental Protection Agency, 1201 Elm Street, Suite 500,
Dallas, Texas 75270. If you wish to obtain materials from the EPA
Headquarters Library, please call the Water Docket at<PHONE_NUMBER> or
from the EPA Regional Office, please call<PHONE_NUMBER>. You may also
inspect the materials at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected] or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.

   Table 1 to Paragraph (a): EPA--Approved State of New Mexico SDWA Sec.   1422 Underground Injection Control
                       Program Statutes and Regulations for Well Classes I, III, IV, and V
----------------------------------------------------------------------------------------------------------------
            State citation                  Title/subject         State effective date      EPA approval date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code, Title  Ground and Surface       December 21, 2018......  January 3, 2022,
 20, Chapter 6, Part 2.                 Water Protection.                                 [insert Federal
                                                                                Register citation].
New Mexico Administrative Code, Title  Geothermal Resources     February 27, 2018......  January 3, 2022,
 19, Chapter 14, Parts 1-4.             Development.                                      [insert Federal
                                                                                Register citation].
----------------------------------------------------------------------------------------------------------------

    (b) Other laws. The following statutes and regulations, although
not incorporated by reference, are also part of the approved State-
administered UIC program:
    (1) Water Quality Act, New Mexico Statutes Annotated Sections 74-6-
1 through 74-6-13 (1978 and Supp. 1982);
    (2) Geothermal Resources Development Act, New Mexico Statutes
Annotated, Chapter 71, Article 9 (July 1, 2016);
    (3) Surface Mining Act, New Mexico Statutes Annotated Sections 69-
25A-1 through 69-25A-35 (1978 and Supp. 1980).
    (c) Memorandum of Agreement.
    (1) The Memorandum of Agreement between EPA Region VI and the New
Mexico Water Quality Control Commission, the Environmental Improvement
Division, and the Oil Conservation Division, signed by the EPA Regional
Administrator on April 13, 1983;
    (2) Letter from the Director, Environmental Improvement Division
and the Director, Oil Conservation Division, to Regional Administrator,
EPA Region IV, ``Re: New Mexico Underground Injection Control Program--
Clarification,'' February 10, 1983.
    (3) Amendment No. 1, Underground Injection Program Substitute
Memorandum of Agreement Between the State of New Mexico and United
States Environmental Protection Agency Region VI, signed by the EPA
Regional Administrator on May 2, 2019.
    (d) Statement of legal authority.
    (1) Attorney General's Statement, signed by the Assistant Attorney
General for the Environmental Improvement Division, the Assistant
Attorney General for Oil Conservation Division, and the Deputy Attorney
General, Civil Division, Counsel for the Mining and Minerals Division,
undated, submitted December 8, 1982.
    (2) Attorney General's Statement for Program Revision of New Mexico
UIC Program, signed by Bill Brancard, Special Assistant Attorney
General, State of New Mexico Energy, Minerals and Natural Resources
Department, submitted December 12, 2018.
    (e) Program Description and any other materials. The Program
Description and any other materials submitted as part of the
application or as supplements thereto.

[FR Doc. 2021-28237 Filed 12-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64026-64027]
[FR Doc No: 2022-22923]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-103-000]

South Fork Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
South Fork Wind, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 7, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22923 Filed 10-20-22; 8:45 am]
BILLING CODE 6717-01-P


                           Sodium Chlorate (073301)
                     Screening Level Usage Analysis (SLUA)
                             Date: July 01, 2015

What is a Screening Level Usage Analysis (SLUA)?
      * Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.
      * Pesticide usage data obtained from various sources.  The data are then merged, averaged, and rounded so that the presented information is not proprietary, business confidential, or trade secret.
What does it contain?
      * Pesticide usage data for a single active ingredient only.
      * Agricultural use sites (crops) that the pesticide is reported to be used on.
      * Available pesticide usage information from U.S. states that produce 80% or more of a crop, in most cases, or less than 80%, in rare cases, depending on the scope of the survey and available resources.
      * Annual percent of crop treated (average & maximum) for each agricultural crop.
      * Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).
What assumptions can I make about the reported data?
      * Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging across all observations, then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)
      * Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.  If the estimated value is less than 1, then the value is labeled <1.
      * Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.
What are the data sources used?
      * USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)  -  pesticide usage data from 2004 to 2013.
      * Private pesticide market research  -  pesticide usage data from 2004 to 2013.
      * California Department of Pesticide Regulation (DPR) Pesticide Use Reporting (PUR) data for 2004 to 2012.
What are the limitations to the data?
      * Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).
      * Lack of reported usage data for the pesticide on a crop does not imply zero usage.
      * Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.
      * Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.
      * Some sites show some use, even though they are not on the label.  This usage could be due to various factors, including, but not limited to Section 18 requests, existing stocks of the chemical, data collection errors, and experimental use permits (EUPs).

                             Date: July 01, 2015
  Screening Level Estimates of Agricultural Uses of Sodium chlorate (073301)
                             Sorted Alphabetically
                          Reporting Years: 2004-2013

                                Annual Average
                             Percent Crop Treated

Crop
                               Lbs. A.I. Applied
                                    Average
                                    Maximum
                                                                              1
Corn
                                     1,000
                                    <2.5
                                    <2.5
                                                                              2
Cotton
                                    700,000
                                    <2.5
                                      10
                                                                              3
Peppers
                                     1,000
                                     <1
                                    <2.5
                                                                              4
Potatoes
                                    10,000
                                     <1
                                    <2.5
                                                                              5
Pumpkins+
                                    <500
                                     <1
                                    <2.5
                                                                              6
Rice
                                    500,000
                                       5
                                       5
                                                                              7
Sorghum
                                     2,000
                                    <2.5
                                       5
                                                                              8
Squash+
                                    <500
                                    <2.5
                                    <2.5
                                                                              9
Watermelons+
                                    <500
                                     <1
                                    <2.5

All numbers are rounded.
  <500: less than 500 pounds of active ingredients.
  	<2.5: less than 2.5 percent of crop is treated.
 	 <1: less than 1 percent of crop is treated.

+ :  Removal of the cuburbit sites from the labels occurred before and during the timeframe of the SLUA.

SLUA data sources include:
  USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)
Private Pesticide Market Research
These results reflect amalgamated data developed by the Agency and are releasable to the public.


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Proposed Rules]
[Page 61295]
[FR Doc No: C1-2011-21709]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1213]

Proposed Flood Elevation Determinations

Correction

    In proposed rule document 2011-21709 appearing on pages 53082-53086
in the issue of August 25, 2011, make the following correction:

PART 67--[CORRECTED]

    1. On page 53084, in Sec.  67.4, in the table for ``Smith County,
Texas and Incorporated Areas'', in the first column, in the second
entry ``Tributary BF-1'' should read ``Black Fork Creek Tributary BF-
1''.
    2. On the same page, in the same section, in the same table, in the
same column, in the third entry ``Tributary BF-M-1'' should read
``Black Fork Creek Tributary BF-M-1''.
    3. On the same page, in the same section, in the same table, in the
same column, in the fourth entry ``Tributary D'' should read ``Black
Fork Creek Tributary D''.
    4. On the same page, in the same section, in the same table, in the
same column, in the fifth entry ``Tributary D-1'' should read ``Black
Fork Creek Tributary D-1''.
    5. On the same page, in the same section, in the same table, in the
same column, in the sixth entry ``Tributary D-2'' should read ``Black
Fork Creek Tributary D-2''.
    6. On the same page, in the same column, in the same table, in the
same column, in the seventh entry ``Tributary D-3'' should read ``Black
Fork Creek Tributary D-3''.
    7. On the same page, in the same section, in the same table, in the
same column, in the eighth entry ``Tributary D-4'' should read ``Black
Fork Creek Tributary D-4''.
    8. On the same page, in the same section, in the same table, in the
same column, in the ninth entry ``Tributary D-5'' should read ``Black
Fork Creek Tributary D-5''.
    9. On page 53085, in the same section, in the same table, in the
same column, in the second entry ``Tributary G-1'' should read ``Gilley
Creek Tributary G-1''.
    10. On the same page, in the same section, in the same table, in
the same column, in the ninth entry ``Tributary 11'' should read ``West
Mud Creek Tributary 11''.
    11. On the same page, in the same section, in the same table, in
the same column, in the tenth entry ``Tributary B'' should read ``West
Mud Creek Tributary B''.
    12. On the same page, in the same section, in the same table, in
the same column, in the eleventh entry ``Tributary M-1'' should read
``West Mud Creek Tributary M-1''.
    13. On the same page, in the same section, in the same table, in
the same column, in the twelfth entry ``Tributary M-2'' should read
``West Mud Creek Tributary M-2''.
    14. On the same page, in the same section, in the same table, in
the same column, in the thirteenth entry ``Tributary M-A'' should read
``West Mud Creek Tributary M-A''.
    15. On the same page, in the same section, in the same table, in
the same column, in the fourteenth entry ``Tributary M-A.1'' should
read ``West Mud Creek Tributary M-A.1''.
    16. On the same page, in the same section, in the same table, in
the same column, in the fifteenth entry ``Tributary M-A.2'' should read
``West Mud Creek Tributary M-A.2''.
    17. On the same page, in the same section, in the same table, in
the same column, in the sixteenth entry ``Tributary M-C'' should read
``West Mud Creek Tributary M-C''.
    18. On the same page, in the same section, in the same table, in
the same column, in the seventeenth entry ``Tributary M-C.1'' should
read ``West Mud Creek Tributary M-C.1''.
    19. On the same page, in the same section, in the same table, in
the same column, in the eighteenth entry ``Tributary M-C.2'' should
read ``West Mud Creek Tributary M-C.2''.

[FR Doc. C1-2011-21709 Filed 10-3-11; 8:45 am]
BILLING CODE 1505-01-P


[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Pages 6996-6998]
[FR Doc No: 2015-02573]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0798]

Medical Device Data Systems, Medical Image Storage Devices, and
Medical Image Communication Devices; Mobile Medical Applications:
Guidances for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of two guidance documents. FDA is issuing ``Medical Device
Data Systems, Medical Image Storage Devices, and Medical Image
Communication Devices'' to inform manufacturers, distributors, and
other entities that the Agency does not intend to enforce compliance
with regulatory requirements for Medical Device Data Systems (MDDS) and
two similar radiology device types due to the low risk they pose to
patients and the importance they play in advancing digital health. FDA
is also issuing an updated version of the guidance document ``Mobile
Medical Applications,'' originally issued on September 25, 2013, that
has been edited to be consistent with the MDDS guidance document.

DATES: Submit either electronic or written comments on this guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: An electronic copy of the guidance document is available for

download from the Internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Medical Device Data Systems, Medical Image Storage Devices, and
Medical Image Communication Devices'' or the updated version of
``Mobile Medical Applications'' to the Office of the Center Director,
Guidance and Policy Development, Center for Devices and Radiological
Health (CDRH), Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Alternatively, you
may submit written requests for single copies of the guidances to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.
    Submit electronic comments on the guidances to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments on ``Medical Device
Data Systems, Medical Image Storage Devices, and Medical Image
Communication Devices'' with the docket number found in brackets in the
heading of this document. Identify comments on ``Mobile Medical
Applications'' with the docket number FDA-2011-D-0530.

FOR FURTHER INFORMATION CONTACT: For devices regulated by CDRH: Bakul
Patel, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5456, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>. For devices regulated by CBER:
Stephen Ripley, Center for Biologics Evaluation and Research, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA recognizes that the progression to digital health offers
potential for better, more efficient patient care and improved health
outcomes. To achieve this goal requires that many medical devices be
interoperable with various types of health information technology,
including other types of medical devices. The foundation for such
intercommunication is hardware and software that functions to transfer,
store, convert formats, or display medical device data without
modifying the data or controlling the functions or parameters of any
connected medical device.\1\ In the Federal Register of February 15,
2011 (76 FR 8637), FDA issued a final rule defining MDDS devices,
medical image storage devices, and medical image communications
devices, reclassifying them from class III (high risk) to class I (low
risk). Class I devices are subject to general controls under the
Federal Food, Drug, and Cosmetic Act (FD&C Act).
---------------------------------------------------------------------------

    \1\ MDDS are not intended to be used for active patient
monitoring.
---------------------------------------------------------------------------

    Since issuance of the February 2011 final rule, FDA has gained
additional experience with these types of technologies and has
determined that these devices pose a low risk to the public. Therefore,
in the documents that are the subject of this notice, FDA provides
guidance on the compliance policy for MDDS devices, medical image
storage devices, and medical image communication devices and makes
conforming changes to the guidance document ``Mobile Medical
Applications.'' FDA issued a notice of availability of the draft
guidances on June 25, 2014 (79 FR 36072).
    The guidance document, ``Medical Device Data Systems, Medical Image
Storage Devices, and Medical Image Communication Devices,'' states that
FDA does not intend to enforce compliance with the regulatory
requirements that apply to MDDS devices, medical image storage devices,
and medical image communications devices. Blood Establishment Computer
Software (BECS) and accessories to BECS are not MDDS devices.
Therefore, this guidance does not address the regulation of those
devices, which FDA intends to address in another forum. If you have
questions about BECS or BECS accessories, please contact the Office of
Communication Outreach and Development, CBER at<PHONE_NUMBER>, 240-402-
7800, or email<EMAIL_ADDRESS>    The September 25, 2013, version of the guidance entitled ``Mobile
Medical Applications'' has been updated to be consistent with the
policy stated in the guidance document ``Medical Device Data Systems,
Medical Image Storage Devices, and Medical Image Communication
Devices.'' The updated version of ``Mobile Medical Applications'' also
incorporates additional examples from FDA's mobile medical
applications' Web site (see http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ConnectedHealth/MobileMedicalApplications/ucm255978.htm).

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
Agency's current thinking on medical device data systems, medical image
storage devices, and medical image communications devices as well as
mobile medical applications. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidances may do so
by downloading an electronic copy from the Internet. A search
capability for all CDRH guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at
http://www.regulations.gov or from CBER at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Persons unable to download an electronic copy of ``Medical
Device Data Systems, Medical Image Storage Devices, and Medical Image
Communication Devices'' or ``Mobile Medical Applications'' may send an
email request to<EMAIL_ADDRESS>to receive an electronic
copy of the document. Please use the document number 1400001 to
identify the guidance ``Medical Device Data Systems, Medical Image
Storage Devices, and Medical Image Communication Devices'' or document
number 1741 to identify the guidance ``Mobile Medical Applications.''

IV. Paperwork Reduction Act of 1995

    The guidance documents ``Medical Device Data Systems, Medical Image
Storage Devices, and Medical Image Communication Devices'' and ``Mobile
Medical Applications'' refer to previously approved information
collections found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Review Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 801 and 809 are approved
under OMB control

number 0910-0485; the collections of information in 21 CFR part 803 are
approved under OMB control numbers 0910-0437 and 0910-0291; the
collections of information in 21 CFR part 806 are approved under OMB
control number 0910-0359; the collections of information in 21 CFR part
807 subparts B and C are approved under OMB control number 0910-0625;
the collections of information in 21 CFR part 807 subpart E are
approved under OMB control number 0910-0120; the collections of
information in 21 CFR part 812 are approved under OMB control number
0910-0078; the collections of information in 21 CFR part 814 subparts A
through E are approved under OMB control number 0910-0231; the
collections of information in 21 CFR part 820 are approved under OMB
control number 0910-0073; and the collections of information regarding
section 513(g) of the FD&C Act (21 U.S.C. 360c(g)) are approved under
OMB control number 0910-0705.

V. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: February 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-02573 Filed 2-6-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Page 62942]
[FR Doc No: 2018-26397]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84680; File No. SR-NYSE-2018-46]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Amend the Listed Company Manual for Acquisition
Companies To Reduce the Continued Listing Standards for Public Holders
From 300 to 100 and To Enable the Exchange To Exercise Discretion To
Allow Acquisition Companies a Reasonable Time Period Following a
Business Combination To Demonstrate Compliance With the Applicable
Quantitative Listing Standards

November 29, 2018.
    On October 1, 2018, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the Listed Company Manual for Acquisition
Companies (``ACs'') to reduce the continued listing standards for
public holders from 300 to 100 and to enable the Exchange to exercise
discretion to allow ACs a reasonable time period following a business
combination to demonstration compliance with the applicable
quantitative listing standards. The proposed rule change was published
for comment in the Federal Register on October 18, 2018.\3\ The
Commission received one comment on the proposal.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84420 (October 12,
2018), 83 FR 52854 (October 18, 2018) (``Notice'').
    \4\ See Letter to Brent J. Fields, Secretary, Commission, from
Jeffrey P. Mahoney, General Counsel, Council of Institutional
Investors, dated November 8, 2018 (``CII Letter'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
notice publication of the filing of a proposed rule change, or within
such longer period up to 90 days as the Commission may designate if it
finds such longer period to be appropriate and publishes its reasons
for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is December 2, 2018. The Commission is extending this 45-day time
period.
    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposal and the comment letter.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates January 16, 2019, as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File No.
SR-NYSE-2018-46).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Id.
    \7\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26397 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66830-66831]
[FR Doc No: 2012-27158]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9524-1]

Agency Information Collection Activities OMB Responses

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 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 regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT:  Rick Westlund<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>and please refer to the appropriate EPA
Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses To Agency Clearance Requests

OMB Approvals

    EPA ICR Number 1587.12; State Operating Permit Regulations; 40 CFR
part 70; was approved on 10/03/2012; OMB Number 2060-0243; expires on
10/31/2015; Approved with change.
    EPA ICR Number 0270.45; Public Water System Supervision Program
(Renewal); 40 CFR parts 141 and 142; was approved on 10/03/2012; OMB
Number 2040-0090; expires on 10/31/2015; Approved without change.
    EPA ICR Number 2164.04; Emission Guidelines for Existing Other
Solid Waste Incineration (OSWI) Units; 40 CFR part 60 subparts A and
FFFF; was approved on 10/03/2012; OMB Number 2060-0562; expires on 10/
31/2015; Approved without change.
    EPA ICR Number 2196.04; NSPS for Stationary Compression Ignition
Internal Combustion Engines; 40 CFR part 60 subparts A and IIII; was
approved on 10/03/2012; OMB Number 2060-0590; expires on 10/31/2015;
Approved without change.
    EPA ICR Number 2461.01; Diesel Emissions Reduction Act (DERA)
Rebate Program (New Collection); was approved on 10/25/2012; OMB Number
2060-0686; expires on 10/31/2015; Approved with change.
    EPA ICR Number 1617.07; Servicing of Motor Vehicle Air Conditioners
(Renewal); 40 CFR part 82 subpart B; was approved on 10/26/2012; OMB
Number 2060-0247; expires on 10/31/2015; Approved without change.
    EPA ICR Number 2104.04; Brownfields Program--Accomplishment
Reporting (Renewal); 40 CFR parts 30 and 31; was approved on 10/02/
2012; OMB Number 2050-0192; expires on 10/31/2015; Approved without
change.
    EPA ICR Number 2003.05; NESHAP for Integrated Iron and Steel

Manufacturing (Renewal); 40 CFR part 63 subparts A and FFFFF; was
approved on 10/02/2012; OMB Number 2060-0517; expires on 10/31/2015;
Approved without change.

John Moses,
Director, Collections Strategies Division.
[FR Doc. 2012-27158 Filed 11-6-12; 8:45 am]
BILLING CODE P


[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Rules and Regulations]
[Page 79628]
[DOCID:fr30de08-7]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM08-1-001; Order No. 712-A]

Promotion of a More Efficient Capacity Release Market

December 22, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; correction.

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

SUMMARY: The Federal Regulatory Commission (FERC) is correcting a final
rule that appeared in the Federal Register of December 1, 2008 (73 FR
72692). The document revised regulations governing interstate natural
gas pipelines to reflect changes in the market for short-term
transportation services on pipelines and to improve the efficiency of
the Commission's capacity release program.

DATES: Effective Date: This rule will become effective December 31,
2008.

FOR FURTHER INFORMATION CONTACT:
    William Murrell, Office of Energy Market Regulation, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>(202) 502-8703.
    Robert McLean, Office of General Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>(202) 502-8156.
    David Maranville, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>(202) 502-6351.

SUPPLEMENTARY INFORMATION: In FR Doc. E8-28217 appearing on page 72692
in the Federal Register of Monday, December 1, 2008, the following
corrections are made:
    Sec.  284.8(h) [Corrected]
    1. On page 72714, in the first column, in Sec.  284.8 Release of
Capacity by Interstate Pipelines, in paragraph (h)(1)(i), ``A release
of capacity to an asset manager as defined in paragraph (h)(4) of this
section'' is corrected to read ``A release of capacity to an asset
manager as defined in paragraph (h)(3) of this section;''
    Sec.  284.8(h) [Corrected]
    2. On page 72714 in the first and second columns, in Sec.  284.8
Release of Capacity by Interstate Pipelines, in paragraph (h)(1)(ii),
``A release of capacity to a marketer participating in a state-
regulated retail access program as defined in paragraph (h)(5) of this
section'' is corrected to read ``A release of capacity to a marketer
participating in a state-regulated retail access program as defined in
paragraph (h)(4) of this section''

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-30910 Filed 12-29-08; 8:45 am]

BILLING CODE 6717-01-P