[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73947-73949]
[DOCID:fr28de07-197]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57000; File No. SR-NYSE-2007-101]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of a Proposed Amendment to NYSE Rule 104.21
(``Specialist Organizations--Additional Capital Requirements'')

December 20, 2007.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that on November 2, 2007, the New York Stock Exchange LLC
(``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``SEC'' or the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been
substantially prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule changes from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78(a) et seq.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The New York Stock Exchange LLC (``NYSE'' or ``Exchange'') is
filing with the Securities and Exchange Commission (``SEC'' or
``Commission'') a proposed rule change to amend NYSE Rule 104.21
(``Specialist Organizations--Additional Capital Requirements''), which
would reduce the net liquid asset requirements for specialist member
organizations. The text of the proposed rule change is set forth below.
Proposed new language is italicized; brackets indicate deletions.
* * * * *

Rule 104. Dealings by Specialists

    (a)-(b)--No Change.
    * * *
Supplementary Material:

Functions of Specialists

    .10 through .20--No Change.

.21 Specialist Organizations--Additional Capital Requirements.--

    (1) Each specialist organization subject to Rule 104.21 must
maintain minimum net liquid assets equal to:
    (i) [$1,000,000] $250,000 for each one tenth of one percent (.1%)
of Exchange transaction dollar volume in its registered securities,
exclusive of Exchange Traded Funds, plus $500,000 for each Exchange
Traded Fund; and * * *
Remainder of Rule--No Change
* * * * *

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. 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

Background

    Specialist member organizations must maintain net liquid assets as
required by NYSE Rule 104, and in addition, must satisfy the net
capital requirements prescribed in Rule 15c3-1,\4\ promulgated under
the Securities Exchange Act of 1934 (the ``Exchange Act'').\5\ NYSE
Rule 325 requires members and member organizations to comply with
Exchange Act Rule 15c3-1 and also requires notification to the Exchange
whenever tentative net capital has declined below defined levels. In
addition, Rule 325 gives the Exchange the authority, at any time, to
prescribe greater net capital or net worth requirements than those
explicitly prescribed by the rule, or to require more stringent
treatment of items when computing net capital, net worth and, by
implication, net liquid assets. Further, the NYSE can restrict the
business activities of specialist organizations consistent with good
business practices and its obligation to maintain a fair and orderly
market. Such restrictions may include prohibitions against business
expansion and business reduction requirements.
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    \4\ 17 CFR 240.15c3-1.
    \5\ 15 U.S.C. 78a et seq.
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    The term ``net liquid assets'' refers to liquidity, in the form of
cash and cash equivalents, that is immediately available (within twenty
four hours) to a specialist organization for the continuing purchase
and sale of securities in which a specialist is registered, in support
of the specialist book, and market maintenance. It is a shorter-term
form of liquidity that is meant to be available to the specialist
organization to facilitate the performance of its affirmative duty to
maintain a fair and orderly market on the Exchange. In addition, it is
important for all specialist organizations and market participants to
know that specialists have sufficient liquidity to support the
specialist book and market maintenance activities.
    Specialist member organizations' unique liquidity needs dictate the
general form of the net liquid asset requirement. Therefore, a
specialist organization's net liquid asset requirement functions to
ensure that the specialist is able to continue operations; whereas a
broker-dealer's net capital requirement functions to ensure that, if
the broker-dealer were liquidated, the broker-dealer's obligations to
its customers and creditors would be satisfied.
    On July 25, 2006, the SEC approved amendments to NYSE Rule 104
(``Dealings by Specialists'') to change the net liquid asset
requirement for specialist member organizations.\6\ The amendments
restructured the net liquid asset requirement for specialist
organizations from an approach based on valuation of classes of
allocated securities (``concentration measures''), which included
penalties for mergers among specialists, to an approach based on
specialist market share that is measured by total dollar volume traded
combined with market stress and volatility risk analysis.
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    \6\ See Release No. 34-54205 (July 25, 2006); 71 FR 43260 (July
31, 2006) File No. SR-NYSE-2005-38) (approving amendments to NYSE
Rules 104 and 123E (``Specialist Combination Review Policy'') which
change the capital requirements of specialist organizations). See
also NYSE Information Memo 06-56 (August 2, 2006).
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    Pursuant to the 2006 amendments, NYSE Rule 104.21 (``Specialist
Organizations--Additional Capital Requirements'') currently requires,
in part, that each specialist organization subject to the provision
maintain minimum net liquid assets equal to $1,000,000 for each one
tenth of one percent (.1%) of the Exchange transaction dollar volume in
its registered securities, exclusive of Exchange Traded Funds, plus
$500,000 for each Exchange Traded Fund, in addition to the market risk
add-on under Rule 104.21(2). Additionally, the filing noted that, as a
result of the changes to the structure of the marketplace, NYSE would
be assessing market risks annually to determine the continuing adequacy
of the net liquid asset requirements.

Proposed Rule Change

    The proposed rule change would reduce the total base capital
requirement that must be maintained as net liquid assets for all
specialists from $1 billion to $250 million. NYSE believes this amount
will adequately protect specialist organizations during periods of
market stress. Further, each of the specialist organizations have
sources of funding that will provide necessary liquidity during a
period of market stress. It is no longer necessary for this liquidity
to be maintained as capital, as specialist positions and the likelihood
of losses have been reduced dramatically due to changes in the
structure of the market.

Analysis

    The role of specialists has changed significantly as increased
electronic trading and the Exchange's ``Hybrid Market'' \7\ have
contributed to lower participation by, and therefore less risk being
assumed by, specialist organizations. In light of the reduced
participation, NYSE is proposing a reduction in the minimum net liquid
asset requirement under Rule 104.21(1) for specialist organizations.
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    \7\ See Release No. 34-53539 (March 22, 2006); 71 FR 16353
(March 31, 2006) File No. SR-NYSE-2004-05) (approving amendments to
NYSE Rules (approving the proposed rule change to establish the NYSE
Hybrid Market). The rule change created a ``Hybrid Market'' by,
among other things, increasing the availability of automatic
executions in its existing automatic execution facility, NYSE
Direct+, and providing a means for participation in the expanded
automated market by its floor members. The change altered the way
NYSE's market operates by allowing more orders to be executed
directly in Direct+, which in essence moves NYSE from a floor-based
auction market with limited automation order interaction to a more
automated market with limited floor-based auction market
availability.
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    The proposed net liquid asset reduction for specialist
organizations is consistent with the current dealer position levels,
the profitability results during the volatile periods of July and
August 2007, as well as specialist participation statistics. FINRA, on
behalf of the Exchange, undertook an assessment for the periods of: (1)
July 2, 2007 through August 17, 2007, selected due to the volatility in
the marketplace during this period; and (2) February 27, 2007, when the
Dow Jones Industrial Averages, DJIA, declined by 416.02 points to test
levels of specialist trading on the Exchange. The assessment focused on
position levels, daily dealer account profit and loss, and market
volatility. In addition, FINRA compared participation by equity
specialists in trading on the Exchange pre and post Hybrid Market.
     Generally, during periods of volatility there were no
material net losses by specialists. Also, there were no material drops
in specialist Net Liquid Assets during these periods.
     The participation by specialist firms in trading on the
Exchange has declined along with the proliferation of electronic
trading and the significant change in the Exchange's trading system
introduced by the Hybrid Market. The increased efficiency with which
others can access the Exchange's market has increased liquidity and
decreased the market's reliance on the specialist to provide the contra
side in our continuous auction. While the NYSE considers specialist
participation to still be an important feature of its Hybrid Market,
that participation can be and is at a significantly lower level. For
example, specialists participated in 15.1% of all shares bought and
sold on the Exchange in August 2002, but consistent with the evolution
of trading styles and our market model, the participation rate dropped
to 8.5% in November 2005, and to approximately 3.9% today.
     Pro-forma daily net liquid asset positions with the
proposed requirement for the week ending September 14, 2007 were
prepared using actual computations submitted by each of the seven
equity specialist firms.\8\ The first summary of calculations reflects
the $1 billion requirement, whereas, the second set of calculations
reflects the proposed $250 million requirement. Each of the
calculations includes a market risk add on amounting to three times the
average of the twenty prior business days securities haircuts on its
specialist dealer positions computed pursuant to SEA Rule 15c3-
1(c)(2)(vi) exclusive of paragraph (N) or three times VaR, if approved
to calculate under this methodology:
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    \8\ Effective at the close of business on November 30, 2007, one
equity specialist firm resigned from the NYSE and its stocks will be
reassigned to one of the six remaining firms. Further consolidation
and/or reallocation of specialist books is possible in the future.

               Aggregate Specialist Data Current Requirement: $1 Billion Plus Market Risk Add-Ons
                                                  [000 Omitted]
----------------------------------------------------------------------------------------------------------------
                                                                                NLA
                   Trade date                        LMV          SMV          NLA        required    Excess NLA
----------------------------------------------------------------------------------------------------------------
9/10/2007>.....................................     $183,841      $49,955   $1,380,063   $1,117,106     $262,957
9/11/2007>.....................................      122,939      128,276    1,381,871    1,112,180      269,692
9/12/2007>.....................................      162,047      121,583    1,379,123    1,109,360      269,763
9/13/2007>.....................................      148,012      181,734    1,378,222    1,108,381      269,841
9/14/2007>.....................................      135,832      164,699    1,378,537    1,106,220      272,317
----------------------------------------------------------------------------------------------------------------

             Aggregate Specialist Data Pro-Forma Requirement: $250 Million Plus Market Risk Add-Ons
                                                  [000 Omitted]
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed
                   Trade date                        LMV          SMV          NLA          NLA        Proposed
                                                                                required    excess NLA
----------------------------------------------------------------------------------------------------------------
9/10/2007>.....................................     $183,841      $49,955   $1,380,063     $367,106   $1,012,957
9/11/2007>.....................................      122,939      128,276    1,381,871      362,180    1,019,692
9/12/2007>.....................................      162,047      121,583    1,379,123      359,360    1,019,763
9/13/2007>.....................................      148,012      181,734    1,378,222      358,381    1,019,841
9/14/2007>.....................................      135,832      164,699    1,378,537      356,220    1,022,317
----------------------------------------------------------------------------------------------------------------

    Based on the foregoing assessment, the proposed amendments would
require a specialist organization to meet, with its own assets, a net
liquid asset requirement equal to $250,000 for each one tenth of one
percent (.1%) of the Exchange transaction dollar volume in its
registered securities, exclusive of Exchange Traded Funds, plus
$500,000 for each Exchange Traded Fund, in addition to the market risk
add-on under Rule 104.21(2), amounting to three times the average of
the prior twenty business days securities haircut on its specialist
dealer positions computed pursuant to SEA Rule 15c3-1(2)(vi) exclusive
of paragraph (N) or three times VaR, if approved to calculate under
this methodology.
    Finally, the proposal takes into consideration the circuit breakers
in effect to prevent a market freefall included in NYSE Rule 80B. NYSE
Rule 80B provides for trading halts that are triggered when the DJIA
declines below its closing value on the previous trading day by: 10%
(level 1), 20% (level 2), and 30% (level 3). At level 3, trading shall
halt and not resume for the rest of the day. The intent of the halts is
to allow buyers and sellers an opportunity to regroup and objectively
assess the marketplace.
    FINRA, on behalf of NYSE, will continue to assess the specialists'
net liquid asset requirements in relationship to the Hybrid Market and
monitor their net liquid assets on a daily basis. NYSE and FINRA
require notification for all withdrawals of capital, and approval for
any withdrawal being made on less than six months advance notice to the
Exchange.
(2) Statutory Basis
    The statutory basis for the proposed rule change is section 6(b)(5)
of the Exchange Act \9\ which requires, among other things, that the
rules of the Exchange are designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to perfect the mechanism of a free
and open market and national market system, and in general to protect
investors and the public interest. The Exchange believes that the
proposed rule change will reduce the burden on specialist member
organizations to maintain net liquidity while still ensuring adequate
protection of specialist organizations during periods of market stress.
Each of the specialist organizations have sources of funding that will
provide necessary liquidity during a period of market stress and thus,
it is no longer necessary for this liquidity to be maintained as
capital, as specialist positions and the likelihood of losses have been
reduced dramatically due to changes in the structure of the market.
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    \9\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Exchange Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-101 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2007-101. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File number SR-NYSE-2007-101 and should be
submitted on or before January 18, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-25183 Filed 12-27-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Page 39888]
[FR Doc No: 2017-17764]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4328-DR; Docket ID FEMA-2017-0001]

Oregon; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oregon (FEMA-4328-DR), dated August 8, 2017,
and related determinations.

DATES: The declaration was issued August 8, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 8, 2017, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oregon resulting from severe winter storms, flooding, landslides,
and mudslides during the period of January 7-10, 2017, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Oregon.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Willie G. Nunn, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of Oregon have been designated
as adversely affected by this major disaster:
    Columbia, Deschutes, Hood River, and Josephine Counties for
Public Assistance.
    All areas within the State of Oregon are eligible for assistance
under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-17764 Filed 8-21-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22035-22036]
[FR Doc No: 2011-9531]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0189]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in Chicago Harbor during various periods from May 28, 2011 until
June 29, 2011. This action is necessary and intended to ensure safety
of life on the navigable waters of the United States immediately prior
to, during, and immediately after various fireworks events. Enforcement
of this safety zone will establish restrictions upon, and control
movement of, vessels in a specified area immediately prior to, during,
and immediately after various fireworks events. During the enforcement
period, no person or vessel may enter the safety zone without
permission of the Captain of the Port, Sector Lake Michigan.

DATES: The regulations in 33 CFR 165.931 will be effective from 10 p.m.
on May 28, 2011 to 10:30 p.m. on June 29, 2011.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email BM1 Adam Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931 for the following events:

    Navy Pier Fireworks; on May 28, 2011 from 10 p.m. through 10:30
p.m.; on June 1, 2011 from 9:15 p.m. through 9:45 p.m.; on June 4,
2011 from 10 p.m. through 10:30 p.m.; on June 8, 2011 from 9:15 p.m.
through 9:45 p.m.; on June 11, 2011 from 10 p.m. through 10:30 p.m.;
on June 15, 2011 from 9:15 p.m. through 9:45 p.m.; on June 18, 2011
from 10 p.m. through 10:30 p.m.; on June 22, 2011 from 9:15 p.m.
through 9:45 p.m.; on June 25, 2011 from 10 p.m. through 10:30 p.m.;
and on June 29, 2011 from 9:15 p.m. through 9:45 p.m.

    All vessels must obtain permission from the Captain of the Port,
Sector Lake Michigan, or his or her on-scene representative to enter,
move within or exit the safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port, Sector Lake Michigan, or his or
her on-scene representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.931 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of these enforcement periods via broadcast Notice to
Mariners or Local Notice to Mariners. The Captain of the Port, Sector
Lake Michigan, will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is suspended. If the Captain of the Port, Sector Lake Michigan,
determines that the safety zone need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the safety zone. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.

    Dated: April 7, 2011.
S.R. Schenk,
Commander, U.S. Coast Guard, Captain of the Port, Lake Michigan,
Acting.
[FR Doc. 2011-9531 Filed 4-19-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Notices]
[Page 3130]
[DOCID:fr24ja07-58]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0661; FRL-8111-4]

Chloropicrin Risk Assessments (Phase 3 of 6-Phase Process);
Notice of Availability; Extension of Comment Period

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; extension of comment period.

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SUMMARY:  EPA issued a notice in the Federal Register of November 29,
2006 (71 FR 69112) (FRL-8087-4), concerning the availability of the
risk assessments for the fumigant pesticide chloropicrin. This document
announces EPA's decision to extend the comment period for 30 days,
February 23, 2007.

DATES:  Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2006-0661 must be received on or before February 23, 2007.

ADDRESSES:  Follow the detailed instructions as provided under
ADDRESSES in the Federal Register of November 29, 2006.

FOR FURTHER INFORMATION CONTACT:  Nathan Mottl, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through regulations.gov or e-mail.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

C. How and to Whom Do I Submit Comments?

    To submit comments, or access the official public docket, please
follow the detailed instructions as provided in the SUPPLEMENTARY
INFORMATION of the November 29, 2006 Federal Register document. If you
have questions, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

II. What Action is EPA Taking?

    This document announces EPA's decision to extend the public comment
period for the fumigant pesticide chloropicrin established in the
Federal Register of November 29, 2006. In that document, EPA announced
the availability of the risk assessments for chloropicrin. EPA is
hereby extending the comment period, which was set to end on February
23, 2007.

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

     Section 4(g)(2) of Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended, directs that, after submission of all data
concerning a pesticide active ingredient, the Administrator shall
determine whether pesticides containing such active ingredient are
eligible for reregistration. Further provisions are made to allow a
public comment period. However, the Administrator may extend the
comment period, if additional time for comment is requested. In this
case, Chloropicrin Manufacturers Task Force and the Crop Protection
Coalition, have requested additional time (60 days and 45 days,
respectively) to develop comments. The Agency believes that an
additional 30 days is adequate.

List of Subjects

    Environmental protection, Fumigants, Pesticides and pests.

    Dated: January 12, 2007.
Debra Edwards,
 Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-984 Filed 1-23-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72730-72737]
[FR Doc No: 2016-25318]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2015-0664; FRL-9951-21-Region 6]

Louisiana: Final Authorization of State-Initiated Changes and
Incorporation by Reference of Approved State Hazardous Waste Management
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: During a review of Louisiana's regulations, the Environmental
Protection Agency (EPA) identified a variety of State-initiated changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The EPA has determined that these changes are
minor and satisfy all requirements needed to qualify for final
authorization and is authorizing the State-initiated changes through
this direct final action.
    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Louisiana's hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.
    The EPA is publishing this rule to authorize the State-initiated
changes and incorporate by reference the State's hazardous waste
program without a prior proposal because we believe these actions are
not controversial and do not expect comments that oppose them. Unless
we receive written comments which oppose the authorization in this
codification document during the comment period, the decision to
authorize Louisiana's State-initiated changes to its hazardous waste
program will take effect. If we receive comments that oppose the
authorization, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the State-initiated changes.

DATES: This regulation will be effective December 20, 2016, unless the
EPA receives adverse written comment by November 21, 2016. If the EPA
receives such comment, it will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this rule will not take effect. The Director of the Federal Register
approves this incorporation by reference as of December 20, 2016 in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit any comments identified by Docket ID No. EPA-R06-
RCRA-2015-0664, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>or<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification Coordinator, Permit Section
(RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, or Julia
Banks, Codification Coordinator, Permit Section (RPM), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be
Confidential Business Information (CBI) or otherwise protected through
http://www.regulations.gov, or email. Direct your comments to Docket ID
No. EPA-R06-RCRA-2015-0664. The Federal http://www.regulations.gov Web
site is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in

the body of your comment and with any disk or CD-ROM you submit. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number:<PHONE_NUMBER> or<PHONE_NUMBER>. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
Permit Section (RPM), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number:
(214) 665-8533 or<PHONE_NUMBER>, and Email address:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Louisiana's revisions to its authorized program
meet all of the statutory and regulatory requirements established by
RCRA. We found that the State-initiated changes make Louisiana's rules
more clear or conform more closely to the Federal equivalents and are
so minor in nature that a formal application is unnecessary. Therefore,
we grant Louisiana final authorization to operate its hazardous waste
program with the changes described in the table at Section G below.
Louisiana has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out all authorized aspects of the RCRA
program, subject to the limitations of the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New Federal requirements and prohibitions
imposed by Federal regulations that EPA promulgates under the authority
of HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Louisiana, including issuing permits, until the State
is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Louisiana subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Louisiana has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Louisiana is being authorized by this direct action are already
effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of this Federal
Register, we are publishing a separate document that proposes to
authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose the authorization of the
State-initiated changes in this codification document, we will withdraw
this rule by publishing a document in the Federal Register before the
rule becomes effective. The EPA will base any further decision on the
authorization of the State program changes on the proposal mentioned in
the previous paragraph. We will then address all public comments in a
later final rule. You may not have another opportunity to comment. If
you want to comment on this authorization, you must do so at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program we may withdraw
only that part of this rule, but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization of the State program will
become effective and which part is being withdrawn.
    In addition to the authorization of the rules described above in
this document, the purpose of this Federal Register document is to
codify Louisiana's base hazardous waste management program and its
revisions to that program. The EPA has already provided notices and
opportunity for comments on the Agency's decisions to authorize the
Louisiana program, and the EPA is not now reopening the decisions, nor
requesting comments, on the Louisiana authorizations as published in
the Federal Register documents specified in Section I.F of this
preamble.

F. For what has Louisiana previously been authorized?

    The State of Louisiana initially received final authorization on
January 24, 1985, effective February 7, 1985 (50 FR 3348), to implement
its base Hazardous Waste Management Program. We granted authorization
for changes to their program on November 28, 1989 (54 FR 48889)
effective January 29, 1990; August 26, 1991 (56 FR 41958), as corrected
October 15, 1991 (56 FR 51762) effective October 25, 1991; November 7,
1994 (59 FR 55368) effective January 23, 1995 (Note: On January 23,
1995 (60 FR 4380), the EPA

responded to adverse public comments and affirmed the effective date
for the November 7, 1994 final rule. Then on April 11, 1995 (60 FR
18360); the EPA also made administrative corrections for the January
23, 1995 Federal Register document); December 23, 1994 (59 FR 66200)
effective March 8, 1995; October 17, 1995 (60 FR 53704 and 60 FR 53707)
effective January 2, 1996; March 28, 1996 (61 FR 13777) effective June
11, 1996; December 29, 1997 (62 FR 67572) effective March 16, 1998;
October 23, 1998 (63 FR 56830) effective December 22, 1998; August 25,
1999 (64 FR 46302) effective October 25, 1999; September 2, 1999 (64 FR
48099) effective November 1, 1999; February 28, 2000 (65 FR 10411)
effective April 28, 2000; January 2, 2001 (66 FR 23) effective March 5,
2001; December 9, 2003 (68 FR 68526) effective February 9, 2004; June
10, 2005 (70 FR 33852) effective August 9, 2005; November 13, 2006 (71
FR 66116) effective January 12, 2007; August 16, 2007 (72 FR 45905)
effective October 15, 2007; May 20, 2009 (74 FR 23645) effective July
20, 2009; August 5, 2010 (75 FR 47223) effective October 4, 2010; June
24, 2011 (76 FR 37021) effective August 23, 2011; June 28, 2011 (77 FR
38530) effective August 27, 2012; July 13, 2012 (77 FR 41292) effective
September 11, 2012; and September 14, 2015 (80 FR 55032) effective
November 13, 2015.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to and, no less stringent than the Federal
laws and regulations. These State-initiated changes satisfy the
requirements of 40 CFR 271.21(a). We are granting Louisiana final
authorization to carry out the following provisions of the State's
program in lieu of the Federal program. These provisions are analogous
to the indicated RCRA regulations found at 40 CFR as of July 1, 2012.
The Louisiana provisions are from the Louisiana Administrative Code
(LAC), Title 33, Part V dated September 2014.

------------------------------------------------------------------------
                                                  Analogous federal
             State requirement                       requirement
------------------------------------------------------------------------
705.B.2...................................  40 CFR 124.15
4999, Appendix E..........................  40 CFR part 261, Appendix IX
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in
Louisiana?

    Louisiana is not authorized to carry out its Hazardous Waste
Program in Indian Country within the State. This authority remains with
EPA. Therefore, this action has no effect in Indian Country.

II. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of the codification of Louisiana's hazardous
waste management program?

    The EPA incorporated by reference Louisiana's then authorized
hazardous waste management program effective March 16, 1998 (62 FR
67578), October 4, 2010 (75 FR 47223), September 11, 2012 (77 FR
41292), and November 25, 2013 (78 FR 58890).
    In this document, the EPA is revising Subpart T of 40 CFR part 272
to include the authorization revision actions effective November 13,
2015 (80 FR 55032).

C. What codification decisions has EPA made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Louisiana rules described in the amendments to 40 CFR part 272 set
forth below. The EPA has made, and will continue to make, these
documents available electronically through http://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
    The purpose of this Federal Register document is to codify
Louisiana's base hazardous waste management program and its revisions
to that program. This document incorporates by reference Louisiana's
hazardous waste statutes and regulations and clarifies which of these
provisions are included in the authorized and Federally enforceable
program. By codifying Louisiana's authorized program and by amending
the Code of Federal Regulations, the public will be more easily able to
discern the status of Federally approved requirements of the Louisiana
hazardous waste management program.
    The EPA is incorporating by reference the Louisiana authorized
hazardous waste management program in subpart T of 40 CFR part 272.
Section 272.951 incorporates by reference Louisiana's authorized
hazardous waste statutes and regulations. Section 272.951 also
references the statutory provisions (including procedural and
enforcement provisions) which provide the legal basis for the State's
implementation of the hazardous waste management program, the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.

D. What is the effect of Louisiana's codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Louisiana
procedural and enforcement authorities. Section 272.951(c)(2) of 40 CFR
lists the statutory and regulatory provisions which provide the legal
basis for the State's implementation of the hazardous

waste management program, as well as those procedural and enforcement
authorities that are part of the State's approved program, but these
are not incorporated by reference.

E. What state provisions are not part of the codification?

    The public needs to be aware that some provisions of Louisiana's
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules adopted by Louisiana but for which the State is
not authorized;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Louisiana is authorized but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.951(c)(3) lists
the Louisiana regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Additionally, Louisiana's hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as certain Federal rules and new State
requirements.
    Federal rules Louisiana has adopted but is not authorized for
include those published in the Federal Register on August 8, 1986 (51
FR 28664); December 1, 1987 (52 FR 45788; Post-Closure Permits
requirements); April 12, 1996 (61 FR 16290); and December 17, 2010 (75
FR 78915). In those instances where Louisiana has made unauthorized
amendments to previously authorized sections of State code, the EPA is
identifying in 40 CFR 272.951(c)(4) any regulations which, while
adopted by the State and incorporated by reference, include language
not authorized by the EPA. Those unauthorized portions of the State
regulations are not Federally enforceable. Thus, notwithstanding the
language in Louisiana hazardous waste regulations incorporated by
reference at 40 CFR 272.951(c)(1), the EPA will only enforce those
portions of the State regulations that are actually authorized by the
EPA. For the convenience of the regulated community, the actual State
regulatory text authorized by the EPA for the citations listed at
272.951(c)(4) (i.e., without the unauthorized amendments) is compiled
as a separate document, Addendum to the EPA Approved Louisiana
Regulatory Requirements Applicable to the Hazardous Waste Management
Program, dated November 2015. This document is available from EPA
Region 6, Sixth Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733,
Phone number:<PHONE_NUMBER>, and also Louisiana Department of
Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana
70884-2178, phone number<PHONE_NUMBER>.
    State regulations that are not incorporated by reference in this
rule at 40 CFR 272.951(c)(1), or that are not listed in 40 CFR
272.951(c)(2) (``legal basis for the State's implementation of the
hazardous waste management program''), 40 CFR 272.951(c)(3) (``broader
in scope'') or 40 CFR 272.951(c)(4) (``unauthorized state
amendments''), are considered new unauthorized State requirements.
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
rule incorporates by reference Louisiana's authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
    This action 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely incorporates by reference existing State
hazardous waste management program requirements without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also does not have Tribal implications
within the meaning of Executive Order 13175 (65 FR 67249, November 6,
2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Louisiana's
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective December 20, 2016.

List of Subjects

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

    Authority:  This rule is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 1, 2016.
Ron Curry,
Regional Administrator,
    Region 6.
    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final
authorization under part 271 to the State of Louisiana for revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act and is amending 40 CFR part 272 as follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).

0
2. Revise Sec.  272.951 to read as follows:

Sec.  272.951 Louisiana  State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Louisiana final authorization for the following elements as
submitted to EPA in Louisiana's base program application for final
authorization which was approved by EPA effective on February 7, 1985.
Subsequent program revision applications were approved effective on
January 29, 1990, October 25, 1991 as corrected October 15, 1991;
January 23, 1995 as corrected April 11, 1995; March 8, 1995; January 2,
1996; June 11, 1996, March 16, 1998, December 22, 1998, October 25,
1999, November 1, 1999, April 28, 2000, March 5, 2001, February 9,
2004, August 9, 2005, January 12, 2007, October 15, 2007, July 20,
2009, October 4, 2010, August 23, 2011, August 27, 2012, September 11,
2012, November 25, 2013, November 13, 2015 and December 20, 2016.
    (b) The State of Louisiana has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations. (1) The Louisiana statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. 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. You may obtain
copies of the Louisiana regulations that are incorporated by reference
in this paragraph from the Office of the State Register, P.O. Box
94095, Baton Rouge, LA 70804-9095; Phone number:<PHONE_NUMBER>; Web
site: http://

doa.louisiana.gov/osr/lac/lac.htm. The statutes are available from West
Publishing Company, 610 Opperman Drive, P.O. Box 64526, St. Paul,
Minnesota 55164 0526; Phone: 1-800-328-4880; Web site: http://west.thomson.com. You may inspect a copy at EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202 (Phone number<PHONE_NUMBER>), or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Louisiana Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program,'' dated November, 2015.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main
Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title
30, Louisiana Environmental Quality Act, 2000: Chapter 1, Section 2002;
Chapter 2, Sections 2013, 2014.2, 2020, 2021, 2022.1(B), 2024, 2026
through 2029, 2033.A-D; Chapter 2-A, Section 2050.8; Chapter 9,
Sections 2172, 2174, 2175, 2181, 2183.1.B, 2183.2, 2184.B, 2187, 2188.A
and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 2200, 2203.B
and C, 2204.A(2), A(3) and B; Chapter 13, Sections 2294(6), 2295.C;
Chapter 16, Section 2369.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 2014
(effective August 1, 2013) Cumulative Annual Pocket Part, Volume 17B,
Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter
2, 2011.A(1), 2011.B and C (except 2011.C(1)(b)), 2011.D (except
2011.D(4), (10)-(12), (16), (19), (20), (23) and (25)), 2011.E-G, 2012,
2014.A (except 2014.A.3), 2017, 2019.A-C, 2022.A (except the first
sentence of 2022.A(1)), 2022.B and C, 2023 (except 2023.A(2) and phrase
``Except as otherwise provided in this Subsection,'' in 2023.A(1)),
2025 (except 2025.D, .F(3), .H and .K); Chapter 3, Sections 2054.B(1),
2054.B(2)(a); Chapter 9, Sections 2180.A-C, 2183.C, and .F-.H, 2186.A-
C, 2199; Chapter 18, Section 2417.A.
    (iii) Louisiana Administrative Code, Title 33, Part I, Office of
The Secretary Part I, Subpart 1: Departmental Administrative
Procedures: Chapter 5, Sections 501.A, effective October 20, 2007,
501.B, effective October 20, 2005, 502, effective September 20, 2008,
and 503 through 511, effective October 20, 2005; Chapter 7, Section
705, effective October 20, 2006; Chapter 19, Sections 1901 through
1909, effective November 20, 2010; Chapter 23, Sections 2303 through
2309, effective October 20, 2009.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous
Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations,
dated September 2014, unless otherwise specified: Chapter 1, Sections
101, 107.A.-C; Chapter 3, Sections 301, 311.A, 311.C, 315 introductory
paragraph, 323.B.3; 323.B.4.d and e; Chapter 5, Section, 503; Chapter
7, Sections 703, 705, 707, 709 through 721; and Chapter 22, Sections
2201.A, 2201.E, 2201.F.
    (3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main
Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title
30, Louisiana Environmental Quality Act, 2000: Chapter 9, Sections 2178
and 2197.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 2014
(effective August 1, 2013) Cumulative Annual Pocket Part, Volume 17B,
Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter
2, Sections 2014.B and D.
    (iii) Louisiana Administrative Code, Title 33, Part I, Office of
The Secretary Part I, Subpart 1: Departmental Administrative
Procedures: Chapter 19, Section 1911, effective November 20, 2010.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous
Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations,
dated September 2014, unless otherwise specified: Chapter 1, Section,
108.G.5; Chapter 3, Section 327; Chapter 11, Sections 1101.G and
1109.E.7.f ; Chapter 13, Section 1313; Chapter 51.
    (4) Unauthorized State Amendments. (i) Louisiana has adopted but is
not authorized to implement the HSWA rules that are listed in the Table
in lieu of the EPA. The EPA will enforce the Federal HSWA standards for
which Louisiana is not authorized until the State receives specific
authorization from EPA.

------------------------------------------------------------------------
                                   Federal Register
       Federal requirement             reference       Publication date
------------------------------------------------------------------------
Exports of Hazardous Waste        51 FR 28664.......  August 8, 1986.
 (HSWA).
HSWA Codification Rule 2: Post-   52 FR 45788.......  December 1, 1987.
 Closure Permits (HSWA).
Imports and Exports of Hazardous  61 FR 16290.......  April 12, 1996.
 Waste: Implementation of OECD
 Council Decision (HSWA).
------------------------------------------------------------------------

    (ii)(A) The following authorized provisions of the Louisiana
regulations include amendments published in the Louisiana Register that
are not approved by EPA. Such unauthorized amendments are not part of
the State's authorized program and are, therefore, not Federally
enforceable. Thus, notwithstanding the language in the Louisiana
hazardous waste regulations incorporated by reference at paragraph
(c)(1)(i) of this section, EPA will enforce the State provisions that
are actually authorized by EPA. The effective dates of the State's
authorized provisions are listed in the following Table.

------------------------------------------------------------------------
                                                  Effective date of
              State provision                   authorized provision
------------------------------------------------------------------------
LAC 1111.B.1.c............................  March 20, 1984.
LAC 1113..................................  March 20, 1984.
LAC 4407.A.12.............................  March 20, 1984.
------------------------------------------------------------------------

    (B) The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA-Approved Louisiana Regulatory and
Statutory Requirements Applicable to the Hazardous Waste Management
Program, dated November 2015. Copies of the document can be obtained
from U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202 or Louisiana
Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge,
Louisiana 70884-2178.
    (5) Vacated Federal Rules. Louisiana adopted and was authorized for
the following Federal rules which have since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No.
98-1379 and 08-1144, respectively; June 27, 2014):

----------------------------------------------------------------------------------------------------------------
           Federal requirement             Federal Register reference               Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised       63 FR 33782................  June 19, 1998.
 Standards (HSWA) (Checklist 168--40 CFR
 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary        73 FR 57...................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas
 (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and
 amendment to 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable     7 FR 33712.................  June 15, 2010.
 Fuel Exclusion under RCRA (Checklist
 224--amendments to 40 CFR 261.4(a)(16)
 and 261.38).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Louisiana, signed by the Secretary of the
State of Louisiana Department of Environmental Quality (LDEQ) on
October 30, 2014 and the EPA Regional Administrator on August 21, 2015
is referenced as part of the authorized hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Louisiana
on December, 13, 1996 and revisions, supplements and addenda to that
Statement dated January 13, 1998, January 13, 1999, January 27, 1999,
August 19, 1999, August 29, 2000, October 17, 2001, February 25, 2003,
October 20, 2004, December 19, 2005, September 5, 2006, October 9,
2008, January 14, 2010, April 18, 2012, and June 11, 2014 are
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.

0
3. Appendix A to part 272 is amended by revising the listing for
``Louisiana'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Louisiana

    The statutory provisions include:
    Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume
(effective August 15, 1999), Volume 17B, Subtitle II of Title 30,
Louisiana Environmental Quality Act, 2000: Chapter 2, Section
2022.1(A); Chapter 8, Section 2153(1); Chapter 9, Sections 2173
(except 2173(9)), 2183.1.A, 2184.A, 2188.B, 2189.C, 2202, 2203.A,
2204.A(1) and C; Chapter 13, Sections 2295.A and B.
    Louisiana Statutes Annotated, Revised Statutes, 2014 (effective
August 1, 2013) Cumulative Annual Pocket Part, Volume 17B, Subtitle
II of Title 30, Louisiana Environmental Quality Act: Chapter 1,
Sections 2003, 2004 introductory paragraph, 2004(2)-(4), 2004(7)-
(10), 2004(13), 2004(14) (except 2004(14)(b)-(d)), 2004(15),
2004(18); Chapter 2, Section 2022.A(1), first sentence; Chapter 9,
Sections 2183.A, B, D, E, and I; Chapter 18, Section 2417.E(5).
    Copies of the Louisiana statutes that are incorporated by
reference are available from West Publishing Company, 610 Opperman
Drive, Eagan, Minnesota 55123; Phone: 1-800-328-4880; Web site:
http://west.thomson.com.
    The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste
and Hazardous Materials, Louisiana Hazardous Waste Regulations, Part
V, Subpart 1: Department of Environmental Quality--Hazardous Waste,
dated September 2014. Please note that for some provisions, the
authorized version is found in the LAC, Title 33, Part V, dated
September 2011, December 31, 2009 or June 1995.
    Chapter 1--General Provisions And Definitions, Sections 103; 105
(except the phrase ``, gasification (as defined in LAC 33:V.109)''
in 105.D.1.l.i, 105.D.1.q, and 105.P); 108 (except 108.G.5); 109
(except ``Batch tank'', ``Competent Authorities'', ``Concerned
Countries'', ``Continuous flow tank'', ``Country of Export'',
``Country of Import'', ``Country of Transit'', ``EPA Acknowledgement
of Consent'', ``Exporter'', ``Exporting Country'', ``Gasification'',
``Importer'', ``Importing Country'', ``OECD'', ``Organization for
Economic Cooperation and Development (OECD) Area'', ``Primary
Exporter'', ``Receiving Country'', ``Recognized Trader'', ``Recovery
Facility'', ``Recovery Operations'', ``Transboundary Movement'',
``Transit Country''); 110 (except 110.G.1 and reserved provisions);
111;
    Chapter 3--General Conditions for Treatment, Storage, and
Disposal Facility Permits, Sections 303; 305 (except 305.F and .G);
307; 309; 311 (except 311.A and .C); 313; 315.A-.D; 317; 319; 321.A
(except the phrase ``and in accordance with LAC 33.I.Chapter 15'');
321.B and .C; 322 (except 322.D.1.g); 323 (except 323.B.3, .B.4.d
and .e); 325; 329;
    Chapter 5--Permit Application Contents, Sections 501; 505
through 516; 517 (except the following phrases in 517.V: ``or 2271,
or a determination made under LAC 33:V.2273,'' and, ``or a
determination''); 519 through 528; 529 (except 529.E); 530 through
536; 537 (except 537.B.2.f and .B.2.l); 540 through 699;
    Chapter 7--Administrative Procedures for Treatment, Storage, and
Disposal Facility Permits, Sections 701; 706; 708;
    Chapter 11--Generators, Sections 1101 (except 1101.B and .G);
1103; 1105; 1107 (except reserved provision); 1109 (except 1109.E.1
introductory paragraph, .E.1.a.ii, .E.1.a.iv, .E.1.b, .E.1.c,
.E.7.f, and reserved provision); 1109.E.1 introductory paragraph
(September 2011); 1109.E.1.a.ii (December 31, 2009); 1109.E.1.a.iv,
.E.1.b, and .E.1.c (September 2011); 1111.A; 1111.B.1 introductory
paragraph (except the phrase ``to a treatment, storage, or disposal
facility within the United States''); 1111.B.1.a.-.c; 1111.B.1.d
(except the phrase ``within the United States''); 1111.B.1.e (except
the phrase ``within the United States''); 1111.B.1.f.-.h; 1111.B.2
(except the phrase ``for a period of at least three years from the
date of the report'' and the third and fourth sentences); 1111.C-.E;
1113; 1121; 1199 Appendix A;
    Chapter 13--Transporters, Sections 1301 (except 1301.F); 1303;
1305; 1307.A introductory paragraph (except the third sentence);
1307.B; 1307.C (except the last sentence); 1307.D; 1307.E (except
the phrase ``and, for exports, an EPA Acknowledgment of Consent'' at
.E.2); 1307.F (except the phrase ``and, for exports, an EPA
Acknowledgment of Consent'' at 1307.F.2); 1307.G (except 1307.G.4);
1307.H; 1309; 1311; 1315 through 1323;
    Chapter 15--Treatment, Storage, and Disposal Facilities,
Sections 1501 (except reserved provision); 1503 through 1529; 1531
(except 1531.B); 1533; 1535;
    Chapter 17--Air Emission Standards, Sections 1701 through 1799;
Appendix Table 1;
    Chapter 18--Containment Buildings, Sections 1801; 1802; 1803
(except 1803.B.2);
    Chapter 19--Tanks, Sections 1901 (December 31, 2009); 1903;
1905; 1907.A-.D; 1907.E (December 31, 2009); 1907.F-.I; 1909.A-.C;
1911 through 1921;
    Chapter 20--Integration With Maximum Achievable Control
Technology (MACT), Section 2001;
    Chapter 21--Containers, Sections 2101 through 2119;
    Chapter 22--Prohibitions On Land Disposal, Sections 2201.B-.D;
2201.G (except 2201.G.3); 2201.H; 2201.I; 2203.A (except ``Cone of
Influence'', ``Confining Zone'', ``Formation'', ``Injection
Interval'', ``Injection Zone'', ``Mechanical Integrity'',
``Transmissive Fault or Fracture'', ``Treatment'', ``Underground
Source of Drinking Water''); 2203.B; 2205 (except the phrase ``or a
determination made under LAC 33:V.2273,'' in 2205.D); 2207; 2208;
2209 (except the phrase ``or a determination made under LAC
33:V.2273,'' in 2209.D.1); 2211; 2213; 2215; 2216 (except the phrase
``or 2271'' in 2216.E.2); 2218 (except the phrase ``or 2271'' in
2218.B.2); 2219; 2221.D-.F; 2223; 2227 (except 2227.B), 2230,
2231.G-.M,

2233, 2236, 2237, 2245.A-I.; 2246; 2247 (except 2247.G and .H); 2299
Appendix (except Tables 4 and 12);
    Chapter 23--Waste Piles, Sections 2301 through 2313; 2315
(except the word ``either'' at the end of 2315.B introductory
paragraph; the word ``or'' at the end of 2315.B.1; and 2315.B.2);
2317;
    Chapter 24--Hazardous Waste Munitions And Explosives Storage,
Sections 2401 through 2405;
    Chapter 25--Landfills, Sections 2501 through 2523;
    Chapter 26--Corrective Action Management Units And Temporary
Units, Sections 2601 through 2607;
    Chapter 27--Land Treatment, Sections 2701 through 2723;
    Chapter 28--Drip Pads, Sections 2801 through 2807; 2809 (except
the word ``either'' at the end of 2809.B introductory paragraph; the
word ``or'' at the end of 2809.B.1; and 2809.B.2);
    Chapter 29--Surface Impoundments, Sections 2901 through 2909;
2911 (except the word ``either'' at end of 2911.B introductory
paragraph and 2911.B.1); 2913 through 2919;
    Chapter 30--Hazardous Waste Burned In Boilers And Industrial
Furnaces, Sections 3001 through 3007; 3009 (except reserved
provision); 3011 through 3025; 3099 Appendices A through L;
    Chapter 31--Incinerators, Sections 3101 through 3121;
    Chapter 32--Miscellaneous Units, Sections 3201; 3203; 3205; 3207
(except 3207.C.2);
    Chapter 33--Groundwater Protection, Sections 3301 through 3321;
3322 (except 3322.D); 3323; 3325;
    Chapter 35--Closure and Post-Closure, Sections 3501 through
3505; 3507 (except 3507.B); 3509 through 3519; 3521 (except
3521.A.3); 3523 through 3527;
    Chapter 37--Financial Requirements, Sections 3701 through 3719;
    Chapter 38--Universal Wastes, Sections 3801 through 3811; 3813
(except ``Mercury-containing Lamp''); 3815 through 3833; 3835
(except the phrase ``, other than to those OECD countries . . .
requirements of LAC 33:V.Chapter 11.Subchapter B),'' at 3835.A
introductory paragraph); 3837 through 3855; 3857 (except the phrase
``, other than to those OECD countries . . . requirements of LAC
33:V.Chapter 11.Subchapter B),'' at 3857.A introductory paragraph);
3859 through 3869; 3871 (except the phrase ``other than to those
OECD countries . . . requirements of LAC 33:V.Chapter 11.Subchapter
B)'' at 3871.A introductory paragraph); 3873 through 3877; 3879
(except 3879.B); 3881; 3883;
    Chapter 40--Used Oil, Sections 4001 through 4093;
    Chapter 41--Recyclable Materials, Sections 4101; 4105
(except.A.1.a.i and ii, and .A.4); 4139; 4141; 4143 (except the word
``and'' at the end of 4143.B.4; and 4143.B.5); 4145;
    Chapter 42--Conditional Exemption for Low-Level Mixed Waste
Storage and Disposal, Sections 4201 through 4243;
    Chapter 43--Interim Status, Sections 4301.A; 4301.B (June 1995);
4301.B; 4301.C (June 1995); 4301.C -.I; 4302 through 4371; 4373
(except the last two sentences ``The administrative authority . . .
as demonstrated in accordance with LAC 33:I.Chapter 13.'' in
4373.K.1); 4375; 4377; 4379 (except 4379.B); 4381 through 4387; 4389
(except 4389.C); 4391 through 4397; 4399 (except 4399.A.6.i); 4401
through 4413; 4417 through 4435; 4437 (except 4437.E.1, 4437.E.2,
and 4437.J); 4437.E.1 and .E.2 (December 31, 2009); 4438 through
4456; 4457.A (except 4457.A.2); 4457.B (except the phrase: ``If the
owner or operator . . . he must'' in the introductory paragraph);
4457.C; 4459 through 4474; 4475 (except the word ``either'' at the
end of 4475.B introductory paragraph; the word ``or'' at the end of
4475.B.1; and 4475.B.2); 4476 through 4499; 4501 (except 4501.D.3);
4502 through 4703; 4705 (except the word ``either'' at the end of
4705.B introductory paragraph; the word ``or'' at the end of
4705.B.1; and 4705.B.2); 4707 through 4739;
    Chapter 49--Lists Of Hazardous Wastes, Sections 4901; 4903;
4907; 4911 through 4915; 4999 Appendices C through E;
    Chapter 53--Military Munitions, Sections 5301 through 5311;
    Louisiana Administrative Code, Title 33, Part VII, Solid Waste,
as amended through June 2011; Sections 301.A.2.a and 315.J.
    Copies of the Louisiana Administrative Code as published by the
Office of the State Register, P. O. Box 94095, Baton Rouge, LA
70804-9095; Phone:<PHONE_NUMBER>; Web site: http://doa.louisiana.gov/osr/lac/lac.htm.
* * * * *
[FR Doc. 2016-25318 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8415-8416]
[FR Doc No: 2017-01640]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF14-1-001]

Southwestern Power Administration; Notice of Filing

    Take notice that on January 3, 2017, the Deputy Secretary of the
Department of Energy, pursuant to the authority vested by sections
301(b), 302(a), 402(e), 641, 642, 643, and 644, of the Department of
Energy Organization Act (Pub. L. 95-91), and by Delegation Order Nos.
00-037.00A (October 25, 2013) and 00-001.00F (November 17, 2014),
confirmed, approved, and placed in effect on an interim basis in Rate
Order SWPA-71, Southwestern Power Administration Integrated System Non-
Federal Transmission Service Rates Scheduled for the period January 1,
2017 through September 30, 2017.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 17, 2017.

    Dated: January 18, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01640 Filed 1-24-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 181-182]
[FR Doc No: 2017-28307]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82405; File No. SR-ICEEU-2017-011]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Designation of Longer Period for Commission Action on Proposed Rule
Change To Modify the ICE Clear Europe Limited Collateral and Haircut
Policy

December 27, 2017.
    On November 2, 2017, ICE Clear Europe Limited (``ICE Clear
Europe'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed
rule change to modify the ICE Clear Europe Collateral and Haircut
Policy to incorporate certain changes to the calculation of absolute
collateral limits for bonds provided as Permitted Cover by Clearing
Members. (File No. SR-ICEEU-2017-011). The proposed rule change was
published for comment in the Federal Register on November 17, 2017.\3\
To date, the Commission has not received comments on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-82063 (November 13,
2017), 82 FR 54423 (November 17, 2017) (SR-ICEEU-2017-011)
(``Notice'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may
designate, if it 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 from the publication of notice of filing of
this proposed rule change is January 1, 2018.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. ICE Clear Europe proposes to modify
the ICE Clear Europe Collateral and Haircut Policy to incorporate
certain changes to the calculation of absolute collateral limits for
bonds provided as Permitted Cover by Clearing Members. The Commission
finds it is appropriate to designate a longer period within which to
take action on the proposed rule change so that it has sufficient time
to consider

ICE Clear Europe's proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) \5\ of
the Act, designates February 15, 2018, as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-ICEEU-2017-011).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2017-28307 Filed 12-29-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]
[Page 6260-6261]
[DOCID:fr01fe08-141]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Village of Elmwood Park, Illinois

[Waiver Petition Docket Number FRA-2007-0022]

    The Village of Elmwood Park, Illinois (Village) and the
Northeastern Illinois Commuter Rail Corporation (Metra) seek a
permanent waiver of compliance from a certain provision of the Use of
Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR Part 222. The
Village intends to establish a new partial quiet zone consisting of
four public highway-rail at-grade crossings and two pedestrian at-grade
crossings. The Village and Metra are seeking a waiver to modify the
hours of a new partial quiet zone as provided in 49 CFR Part 222.9,
definition of a new partial quiet zone that states that locomotive
horns are not routinely sounded between the hours of 10 p.m. and 7 a.m.
The waiver petition requests that the time period for the new partial
quiet zone is between 10 p.m. and 6 a.m. as recommended by the Illinois
Commerce Commission (ICC) to better reflect the existing traffic
conditions. The ICC made these comments during a diagnostic team
meeting on September 5, 2007, and in a letter to the Village dated
September 11, 2007.
    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 party
desires an opportunity for oral comment, 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 (e.g., Waiver Petition Docket Number FRA-
2007-0022) and may be submitted by any of the following methods:

    Web site: http://www.regulations.gov. Follow the online

instructions for submitting comments.
    Fax:<PHONE_NUMBER>.
    Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.

    Anyone is able to 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 comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-19478).

    Issued in Washington, DC on January 28, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-1866 Filed 1-31-08; 8:45 am]

BILLING CODE 4910-06-P