[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Proposed Rules]
[Pages 8755-8757]
[FR Doc No: 2012-3422]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0048; FRL-9335-3]

Receipt of a Pesticide Petition Filed for Temporary Tolerance
Exemption for Residues of Prohydrojasmon in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the amendment of regulations
for residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before March 16, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0048 and the pesticide petition number
(PP), by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0048 and the pesticide petition number (PP). EPA's policy is that
all comments received will be included in the docket without change and
may be made available on-line at http://www.regulations.gov, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through regulations.gov or email. The regulations.gov Web site is an
``anonymous access'' system, which means 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 EPA without
going through regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
docket and made available on the Internet. If you submit an electronic
comment, 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 EPA cannot read your comment due to technical difficulties

and cannot contact you for clarification, 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.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gina Burnett, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. 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.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the modification of a regulation in 40 CFR part
180 for residues of pesticide chemicals in or on various food
commodities. The Agency is taking public comment on the request before
responding to the petitioner. EPA is not proposing any particular
action at this time. EPA has determined that the pesticide petition
described in this document contains data or information prescribed in
FFDCA section 408(d)(2); however, EPA has not fully evaluated the
sufficiency of the submitted data at this time or whether the data
supports granting of the pesticide petition. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available on-line at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the modification of
regulations for residues of pesticides in or on food various
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

Amended Tolerance Exemption

    PP 1G7947. (EPA-HQ-OPP-2010-0048). Fine Agrochemicals, Ltd., c/o
SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests to
amend an exemption from the requirement of a tolerance in 40 CFR
180.1299 for residues of the plant growth regulator Prohydrojasmon
(PDJ) when used on red apple varieties pre-harvest in accordance with
good agricultural practices. The amendment will extend the temporary
tolerance by 2 years and expand the tolerance for residues of PDJ on
grape varieties when used pre-harvest in accordance with good
agricultural practices. An

analytical method for residues is not applicable. It is expected that,
when used as proposed, prohydrojasmon will not result in residues that
are of toxicological concern.

List of Subjects in 40 CFR Part 180

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: February 2, 2012.
Keith Matthews,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 2012-3422 Filed 2-14-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4226-4228]
[FR Doc No: 2011-1137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0053; Directorate Identifier 2010-CE-073-AD;
Amendment 39-16581; AD 2011-02-08]
RIN 2120-AA64

Airworthiness Directives; Aircraft Industries a.s. Model L 23
Super Blanik Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Cracks were reported on the rear horizontal stabilizer bracket
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective February 14, 2011.
    On February 14, 2011, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by March 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Aircraft
Industries, a.s.-Na zahonech 1177, 686 04 Kunovice, Czech Republic;
telephone: +420 572 817 660; fax: +420 572 816 112; e-mail<EMAIL_ADDRESS>
Internet: http://www.let.cz/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent

for the Member States of the European Community, has issued AD No.:
2010-0274-E, dated December 22, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Cracks were reported on the rear horizontal stabilizer bracket
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.
    For the reasons described above, this AD requires immediate
inspection of the bracket located at the top of the fin (drawing No.
A 730 420 N) and its replacement depending on findings. As a result
of the on-going investigation further mandatory terminating action
and/or repetitive inspection is likely to follow.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Aircraft Industries a.s. has issued LET Aircraft Industries
Mandatory Bulletin No.: L23/053a, dated December 14, 2010; and LET
Aircraft Industries Information Bulletin No.: L23/054b, dated December
20, 2010. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracks were reported on the rear horizontal stabilizer bracket of two L
23 Super Blanik sailplanes. This condition, if not corrected, could
result in no longer retaining the horizontal stabilizer in place and
consequent loss of control. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0053; Directorate
Identifier 2010-CE-073-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-02-08 Aircraft Industries a.s.: Amendment 39-16581; Docket No.
FAA-2011-0053; Directorate Identifier 2010-CE-073-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
14, 2011.

Affected ADs

    (b) None

Applicability

    (c) This AD applies to Aircraft Industries a.s. Model L 23 Super
Blanik sailplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Cracks were reported on the rear horizontal stabilizer bracket
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.
    For the reasons described above, this AD requires immediate
inspection of the bracket located at the top of the fin (drawing No.
A 730 420 N) and its replacement depending on findings. As a result
of the on-going investigation further mandatory terminating action
and/or repetitive inspection is likely to follow.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after the effective date of this AD,
inspect the rear horizontal stabilizer bracket critical areas (hinge
welding areas) for cracks following LET Aircraft Industries
Mandatory Bulletin No.: L23/053a, dated December 14, 2010.
    (2) If during the inspection required in paragraph (f)(1) of
this AD a crack is found, before further flight, replace the bracket
following LET Aircraft Industries Information Bulletin No.: L23/
054b, dated December 20, 2010.
    (3) Within 10 days after the replacement required in paragraph
(f)(2) of this AD, do the following actions:
    (i) Send the damaged bracket to the address listed in paragraph
(i)(2) of this AD.
    (ii) Send a report to the address listed in paragraph (i)(2) of
this AD containing the following information: Registration mark,
serial number, total hours time-in-service, and number of take-offs
(if available) since the sailplane has been in operation.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to European Aviation Safety Agency (EASA) AD No.:
2010-0274-E, dated December 22, 2010; LET Aircraft Industries
Mandatory Bulletin No.: L23/053a, dated December 14, 2010; and LET
Aircraft Industries Information Bulletin No.: L23/054b, dated
December 20, 2010; for related information.

Material Incorporated by Reference

    (i) You must use LET Aircraft Industries Mandatory Bulletin No.:
L23/053a, dated December 14, 2010; and LET Aircraft Industries
Information Bulletin No.: L23/054b, dated December 20, 2010, to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Aircraft Industries, a.s.-Na zahonech 1177, 686 04 Kunovice, Czech
Republic; telephone: +420 572 817 660; fax: +420 572 816 112; e-
mail<EMAIL_ADDRESS>Internet: http://www.let.cz/.
    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on January 12, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-1137 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Page 27323]
[FR Doc No: 2018-12584]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3407-086]

Magic Reservoir Hydroelectric, Inc., Big Wood Canal Company;
Notice of Application for Transfer of License and Soliciting Comments,
Motions To Intervene, and Protests

    On May 10, 2018, Magic Reservoir Hydroelectric, Inc. (transferor)
and Big Wood Canal Company (transferee) filed an application for the
transfer of license of the Magic Dam Project No. 3407. The project is
located on the Big Wood River in Blaine and Camas counties, Idaho and
occupies Federal lands managed by the Bureau of Land Management.
    The applicants seek Commission approval to transfer the license for
the Magic Dam Project from the transferor to the transferee.
    Applicants Contact: For transferor: Mr. James B. Alderman,
Secretary, Magic Reservoir Hydroelectric Inc., c/o J.R. Simplot
Company, 1099 W Front Street, Boise, ID 83702, Phone:<PHONE_NUMBER>.
    For transferee: Mr. Carl Pendleton, Chairman of the Board, Big Wood
Canal Company, 409 North Apple Street, Shoshone, ID 83352, Phone: 208-
420-6401 and Mr. Ted S. Sorenson, 1032 Grandview Drive, Ivins, UT
84738.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>,
[email protected].
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-3407-086.

    Dated: June 6, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-12584 Filed 6-11-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7209-7214]
[FR Doc No: 2016-02714]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0028; FRL-9942-03-Region-09]

Approval of Air Plan Revisions; Arizona; Rescissions and
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Arizona State Implementation
Plan (SIP) under the Clean Air Act. These revisions include rescissions
of certain statutory provisions, administrative and prohibitory rules,
and test methods. The EPA is also taking direct final action to correct
certain errors in previous actions on prior revisions to the Arizona
SIP and to make certain other corrections. The intended effect is to
rescind unnecessary provisions from the applicable SIP and to correct
certain errors in previous SIP actions.

DATES: This rule is effective on April 11, 2016 without further notice,
unless the EPA receives adverse comments by March 14, 2016. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0028 at http://www.regulations.gov, or via email to Andrew
Steckel, Rules Office Chief, at<EMAIL_ADDRESS>For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. The State's Rescissions
    A. Which SIP provisions has the state rescinded?
    B. How is the EPA evaluating the rescissions?
    1. Declarations of Policy and Legal Authority
    2. Jurisdiction Over Indian Lands
    3. Prohibitory Rules
    4. Test Methods and Performance Specifications
    C. Do the rescissions meet all applicable requirements?
II. Error Corrections
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews

I. The State's Rescissions

A. Which SIP provisions has the state rescinded?

    On March 10, 2015 and January 13, 2016, the Arizona Department of
Environmental Quality (ADEQ) submitted rescissions of certain statutory
and regulatory provisions from the applicable Arizona State
Implementation Plan (SIP). The rescissions relate to certain statutory
provisions, administrative and prohibitory rules, and test methods. In
the January 13, 2016 submittal, ADEQ included evidence of public
notification of the rescissions (including the rescissions submitted on
March 10, 2015), provision of a 30-day comment period, and opportunity
for public hearing. See appendix A to the January 13, 2016 SIP revision
submittal for documentation of ADEQ's public process prior to adoption
and submittal of the revision to the EPA.
    Table 1 lists the statutory and regulatory provisions that ADEQ has
rescinded,\1\ the dates on which the EPA approved the provisions as
part of the SIP, and the dates on which ADEQ submitted the rescissions
to the EPA. Under section 110(k)(3) of the Clean Air Act (CAA or
``Act''), the EPA is obligated to approve, disapprove, or conditionally
approve SIPs and SIP revisions, including rescissions.
---------------------------------------------------------------------------

    \1\ In addition to the provisions listed in table 1, ADEQ also
submitted the rescission of R9-3-310, approved by the EPA at 49 FR
41026 (October 19, 1984). However, the EPA has already acted to
approve the rescission of that particular provision from the Arizona
SIP (see 80 FR 67319 (November 2, 2015)), and thus we will be taking
no further action on that provision.

                Table 1--Arizona SIP Statutory and Regulatory Provisions That ADEQ Has Rescinded
----------------------------------------------------------------------------------------------------------------
 Statutory or regulatory provision          Title              EPA Approval         Rescission submittal date
----------------------------------------------------------------------------------------------------------------
ARS 36-1700.......................  Declaration of Policy  37 FR 10842 (May 31,  January 13, 2016.
                                                            1972); 37 FR 15080
                                                            (July 27, 1972); 47
                                                            FR 26382 (June 18,
                                                            1982).
ARS 36-1801.......................  Jurisdiction over      37 FR 15080 (July     January 13, 2016.
                                     Indian Lands.          27, 1972).
Chapter 2, section 2.9 of ``The     Legal Authority--      37 FR 15080 (July     January 13, 2016.
 State of Arizona Air Pollution      Jurisdiction over      27, 1972).
 Control Implementation Plan''.      Indian Lands.
Rule 7-1-9.1......................  Policy and legal       37 FR 15080 (July     January 13, 2016.
                                     authority.             27, 1972).
Rule R9-3-1001....................  Policy and legal       43 FR 34470 (August   January 13, 2016.
                                     authority.             4, 1978).
Rule 7-1-4.3......................  Sulfite Pulp Mills...  37 FR 15080 (July     January 13, 2016.
                                                            27, 1972).

Rule 7-1-4.3 (R9-3-403)...........  Sulfur Emissions:      43 FR 33245 (July     January 13, 2016.
                                     Sulfite Pulp Mills.    31, 1978).
AAC R9-3-511......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Existing Secondary     1982); 47 FR 17483
                                     Lead Smelters.         (April 23, 1982).
AAC R9-3-512......................  Standards of           47 FR 17483 (April    March 10, 2015.
                                     Performance for        23, 1982).
                                     Existing Secondary
                                     Brass and Bronze
                                     Ingot Production
                                     Plants.
AAC R9-3-513......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Existing Iron and      1982); 47 FR 17483
                                     Steel Plants.          (April 23, 1982).
AAC R9-3-517......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Steel Plants;          1982); 47 FR 17483
                                     Existing Electric      (April 23, 1982).
                                     Arc Furnaces (EAF).
Arizona Testing Manual for Air      Method 1 Sample and    47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.01.  Velocity Traverses     23, 1982).
                                     for Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 2               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Determination of       23, 1982).
                                     Stack Gas Velocity
                                     and Volumetric Flow
                                     Rate (Type S Pitot
                                     Tube).
Arizona Testing Manual for Air      Method 2A Direct       47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Measurement of Gas     23, 1982).
                                     Volume Through Pipes
                                     and Small Ducts.
Arizona Testing Manual for Air      Method 2B              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Determination of       23, 1982).
                                     Exhaust Gas Volume
                                     Flow Rate from
                                     Gasoline Vapor
                                     Incinerators.
Arizona Testing Manual for Air      Method 3 Gas Analysis  47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.03.  for Carbon Dioxide,    23, 1982).
                                     Excess Air, Dry
                                     Molecular Weight.
Arizona Testing Manual for Air      Method 3A              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.03.  Determination of       23, 1982).
                                     Oxygen and Carbon
                                     Dioxide
                                     Concentrations in
                                     Emissions from
                                     Stationary Sources
                                     (Instrumental
                                     Analyzer Procedure).
Arizona Testing Manual for Air      Method 4               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.04.  Determination of       23, 1982).
                                     Moisture in Stack
                                     Gases.
Arizona Testing Manual for Air      Method 5               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.05.  Determination of       23, 1982).
                                     Particulate
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 6               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.06.  Determination of       23, 1982).
                                     Sulfur Dioxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 7               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.07.  Determination of       23, 1982).
                                     Nitrogen Oxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 8               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.08.  Determination of       23, 1982).
                                     Sulfuric Acid Mist
                                     and Sulfur Dioxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 9 Visual        47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.09.  Determination of the   23, 1982).
                                     Opacity of Emissions
                                     from Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 10              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.10.  Determination of       23, 1982).
                                     Carbon Monoxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 11              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.11.  Determination of       23, 1982).
                                     Hydrogen Sulfide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 13B             47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.13.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Stationary Sources--
                                     Specific Ion
                                     Electrode Method.
Arizona Testing Manual for Air      Method 13              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.13.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Stationary Sources--
                                     SOADNS Zirconium
                                     Lake Method.
Arizona Testing Manual for Air      Method 14              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.14.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Potroom Roof
                                     Monitors for Primary
                                     Aluminum Plants.
Arizona Testing Manual for Air      Method 15              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.15.  Determination of       23, 1982).
                                     Hydrogen Sulfide,
                                     Carbonyl Sulfide,
                                     and Carbon Disulfide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 16              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.16.  Semicontinuous         23, 1982).
                                     Determination of
                                     Sulfur Emissions
                                     from Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 17              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.17.  Determination of       23, 1982).
                                     Particulate
                                     Emissions from
                                     Stationary Sources
                                     (In-Stack Filtration
                                     Method).

Arizona Testing Manual for Air      Method 19              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.19.  Determination of       23, 1982).
                                     Sulfur Dioxide,
                                     Removal Efficiency
                                     and Particulate,
                                     Sulfur Dioxide and
                                     Nitrogen Oxides
                                     Emission Rates from
                                     Electric Utility
                                     Steam Generators.
Arizona Testing Manual for Air      Method 20              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.20.  Determination of       23, 1982).
                                     Nitrogen Oxides,
                                     Sulfur Dioxide, and
                                     Diluent Emissions
                                     from Stationary Gas
                                     Turbines.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.01.  Specification 1:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     transmissometer
                                     systems for
                                     continuous
                                     measurement of the
                                     opacity of stack
                                     emissions.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.02.  Specification 2:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     monitors of SO2 and
                                     NOX from stationary
                                     sources.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.03.  Specification 3:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     monitors of CO2 and
                                     O2 from stationary
                                     sources.
----------------------------------------------------------------------------------------------------------------

B. How is the EPA evaluating the rescissions?

    Generally, SIP requirements must be enforceable (see section 110(a)
of the Act), and SIP revisions must not modify the SIP inconsistent
with sections 110(l) and 193. Section 110(l) prohibits the EPA from
approving a revision to a SIP if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. Section 193
states that no control requirement in effect, or required to be adopted
by an order, settlement agreement, or plan in effect before November
15, 1990, in any area which is a nonattainment area for any pollutant
may be modified after November 15, 1990 in any manner unless the
modification insures equivalent or greater emissions reductions of such
air pollutant.
    In today's action, we review, evaluate, and approve ADEQ's
submittals dated March 10, 2015 and January 13, 2016 of revisions to
the Arizona SIP involving rescissions of certain statutory and
regulatory provisions that fall into four categories: (1) Declarations
of policy and legal authority, (2) jurisdiction over Indian lands, (3)
prohibitory rules, and (4) test methods and performance test
specifications.
1. Declarations of Policy and Legal Authority
    The EPA approved ARS section 36-1700 (``Declaration of Policy'') in
May 1972 as part of the original Arizona SIP, and then approved it
again in July 1972, and then again, as amended, in June 1982. See table
1 above. ARS section 36-1700 is a general statement of policy by the
Arizona Legislature and sets forth the intent of the Legislature in
establishing an air pollution control program in the state. As such,
ARS section 36-1700 does not provide specific authority to any
administrative agency to fulfill any particular regulatory function,
nor does it establish any type of emissions standard or address any
particular requirement for SIPs under the CAA. As such, we find that
ARS section 36-1700 need not be retained in the Arizona SIP and thus
find the state's corresponding rescission to be acceptable.
    As shown in table 1, the EPA approved Arizona air pollution control
rule 7-1-9.1 (``Policy and legal authority'') in July 1972 and then
again as amended and renumbered (as R9-3-1001) in August 1978. Arizona
rule 7-1-9.1 (R9-3-1001) cites the legal authority under which the
rules relating to motor vehicle inspection and maintenance are adopted
and also includes a general statement of policy. The specific statutory
provisions cited by rule 7-1-9.1 (R9-3-1001) have been approved into
the applicable SIP and, as discussed above, general statements of
policy are not required for SIPs. As such, we find no need to retain
rule 7-1-9.1 or its renumbered version R9-3-1001 in the applicable
Arizona SIP. Therefore, we find the state's rescission of the two rules
from the Arizona SIP to be acceptable.
2. Jurisdiction Over Indian Lands
    The EPA approved chapter 2, section 2.9 (``Legal authority--
Jurisdiction over Indian Lands'') and ARS section 36-1801
(``Jurisdiction over Indian Lands'') in July 1972. As described in
chapter 2, section 2.9 of the Arizona SIP, under ARS section 36-1801,
the State of Arizona assumed jurisdiction relating to air pollution
control on all lands within the state including Indian tribal lands,
reservations, and allotments.
    ARS section 36-1801 was recodified as ARS section 49-561 in 1986,
but is no longer found in Arizona law. More importantly, the state's
assumption of jurisdiction relating to air pollution control on Indian
reservations conflicts with federal law. See generally CAA section
301(d) and the EPA's tribal authority rule at 40 CFR part 49 (``Indian
country: air quality planning and management''). More specifically,
within the boundaries of an Indian reservation and any other area for
which the EPA or a tribe has demonstrated that a tribe has
jurisdiction, the EPA or authorized tribe has regulatory jurisdiction
under the Clean Air Act. See Oklahoma Department of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014). As such, ARS section 36-
1801 should not be retained, and the EPA finds the state's
corresponding rescissions of chapter 2, section 2.9 and ARS section 36-
1801 from the Arizona SIP to be appropriate.
3. Prohibitory Rules
    On March 10, 2015, the ADEQ submitted rescissions of the following
rules from the Arizona SIP because there are no secondary lead
smelters, secondary brass and bronze ingot productions plants, iron and
steel

plants, or electric arc furnaces (EAF) under the ADEQ's jurisdiction:
     R9-3-511, Standards of Performance for Existing Secondary
Lead Smelters,
     R9-3-512, Standards of Performance for Existing Secondary
Brass and Bronze Ingot Production Plants,
     R9-3-513, Standards of Performance for Existing Iron and
Steel Plants, and
     R9-3-517, Standards of Performance for Steel Plants;
Existing Electric Arc Furnaces (EAF).
    To determine that there are no operating facilities in the state
that fall under one of the specified source categories, ADEQ reviewed
its permit and emissions inventory systems and consulted with
knowledgeable staff. As a result of these searches, ADEQ determined
that there are no operating facilities within ADEQ's jurisdiction that
fall under these source categories.
    On January 13, 2016, ADEQ also submitted a rescission of another
rule, Arizona air pollution control rule 7-1-4.3 (``Sulfur Pulp
Mills''), which was approved by the EPA in July 1972 and again in July
1978 as rule 7-1-4.3 (R9-3-403) (''Sulfur Emissions: Sulfite Pulp
Mills''). Like the four prohibitory rules discussed above, no
facilities remain in operation in Arizona that are subject to the
requirements of rule 7-1-4.3. Therefore, we find the ADEQ's rescissions
of the prohibitory rules discussed above from the Arizona SIP to be
acceptable.
4. Test Methods and Performance Specifications
    In April 1982, the EPA approved sections 3 and 4 of the Arizona
Testing Manual for Air Pollutant Emissions (``Arizona Testing Manual'')
as a revision to the Arizona SIP. Section 3 of the Arizona Testing
Manual includes certain test methods from 40 CFR part 60, appendix A,
and section 4 of the Arizona Testing Manual includes certain
performance test specifications from 40 CFR part 60, appendix B. Both
the test methods and performance test methods approved into the Arizona
SIP date from the 1970s.
    Over the years, the EPA's test methods and performance
specifications in 40 CFR part 60 have been revised, and thus, the
versions of the test methods and performance test specifications
approved as part of the Arizona SIP are outdated. Also, in recent
years, the EPA has approved two state rules that in effect incorporate
more recent versions of the EPA's test methods and performance
specifications into the Arizona SIP. See Arizona Administrative Code
(AAC) R18-2-311 (``Test Methods and Procedures'') and appendix 2
(``Test Methods and Protocols'') for AAC, title 18, chapter 2.\2\ See
80 FR 67319 (November 2, 2015) and 79 FR 56655 (September 23, 2014). As
such, the outdated test methods and performance test specifications
approved as part of the Arizona Testing Manual need not be retained in
the Arizona SIP. Thus, we find ADEQ's rescission of them to be
acceptable.
---------------------------------------------------------------------------

    \2\ R18-2-311 provides that applicable procedures and testing
methods contained in, among other references, 40 CFR part 60,
appendices A through F, shall be used to determine compliance with
state requirements for stationary sources. Appendix 2 for AAC, title
18, chapter 2 incorporates by reference 40 CFR part 60 appendices
revised as of July 1, 2006.
---------------------------------------------------------------------------

C. Do the rescissions meet all applicable requirements?

    The EPA has evaluated all the submittal documentation and has
determined that the rescission of the statutory and regulatory
provisions listed in table 1 is approvable because (1) the statements
of policy and legal authority are not necessary to fulfill any CAA SIP
purpose; (2) the provisions asserting jurisdiction over Indian
reservations conflict with federal law; (3) ADEQ has adequately
demonstrated that there are no existing sources subject to the listed
prohibitory rules; and (4) the test methods and performance test
specifications are outdated and other SIP provisions provide for use of
more up-to-date procedures. Furthermore, with respect to the subject
prohibitory rules, the emissions from any new facilities of the type
that would have been subject to these rules will be subject to
applicable New Source Review rules and New Source Performance
Standards, which can reasonably be assumed to result in more stringent
emission limits than would apply under these rules.
    Therefore, rescission of the statutory provisions and rules listed
in table 1 would not interfere with attainment or maintenance of any of
the national ambient air quality standards or any other requirements of
the Clean Air Act and would not affect emissions of nonattainment
pollutants. As such, the rescission would comply with sections 110(l)
and 193 of the Clean Air Act. For these reasons, we approve ADEQ's
rescissions of the statutory and regulatory provisions listed in table
1 from the Arizona SIP.

II. Error Corrections

    Section 110(k)(6) of the CAA provides in relevant part that,
whenever the EPA determines that the EPA's action approving,
disapproving, or promulgating any SIP or SIP revision was in error, the
EPA may in the same manner as the approval, disapproval, or
promulgation revise such action as appropriate without requiring any
further submission from the state. In today's action, we are correcting
four errors made in previous rulemakings approving revisions to the
Arizona SIP.
    First, on July 31, 1978 (43 FR 33245), we approved certain state
prohibitory rules as a revision to the Arizona SIP. Among the rules
listed as approved was R9-3-301 (``Visible emissions--General'').
However, the preamble of our July 31, 1978 final rule clearly indicates
that the EPA did not intend to take action on this rule (see 43 FR
33245, at 33246) but mistakenly listed R9-3-301 as approved in the
regulatory portion of the final rule. In this action, we are correcting
the error in our July 31, 1978 final rule by removing the entry for R9-
3-301 from the relevant paragraph in 40 CFR 52.120 (``Identification of
plan'').
    Second, on October 10, 1980 (45 FR 67345), we approved the state's
January 26, 1979 request to redesignate the Air Quality Control Regions
(AQCRs) in Arizona as a revision to the Arizona SIP. However, the
state's request for redesignation of the Arizona AQCRs was made under
section 107, not section 110, of the CAA, and while the EPA
appropriately made certain administrative changes to 40 CFR part 52
(``Approval and promulgation of implementation plans''), subpart D
(``Arizona'') and 40 CFR part 81 (``Designation of areas for air
quality planning purposes''), subpart B (``Designation of air quality
control regions''), the redesignation request itself was not a SIP
revision. As such, we erred in listing the state's January 26, 1979
redesignation request as an approved revision to the Arizona SIP in 40
CFR part 52 (``Approval and promulgation of implementation plans''),
subpart D (``Arizona''), section 52.120 (``Identification of plan''),
paragraph 52.120(c)(30). In today's action, we are removing the entry
of the state's January 26, 1979 redesignation request from 40 CFR
52.120.
    Third, on June 18, 1982 (47 FR 26382), we approved certain
statutory provisions as a revision to the Arizona SIP. In so doing, we
approved Arizona Revised Statutes (ARS) section 36-1720.02
(``Defenses''). However, the correct citation for this particular
statutory provision was ARS section 36-1720.01, not ARS section 36-
1720.02. In today's action, we are correcting the citation to this
statutory provision in the relevant paragraph in 40 CFR 52.120
(``Identification of plan'').

    Fourth, on March 10, 2005 (70 FR 11882), we approved a request
submitted on September 13, 2004 by the ADEQ to clarify the description
of the air quality planning area for the Phoenix PM10
nonattainment area. In our March 10, 2005 final rule, we revised the
PM10 table in 40 CFR part 81 (``Designation of areas for air
quality planning purposes''), subpart C (``Section 107 attainment
status designations''), section 81.303 (``Arizona'') accordingly, but
we also listed the state's September 13, 2004 boundary clarification
request as an approval of a revision to the Arizona SIP. However, the
state's September 13, 2005 request was submitted under CAA section 107,
not as a revision to the SIP under section 110, and thus our listing of
it as part of the SIP in 40 CFR 52.120 (``Identification of plan'') was
in error. In today's action, we are removing the entry of the ADEQ's
September 13, 2004 boundary clarification request from 40 CFR 52.120.
    Lastly, in a final rule published by the Federal Communications
Commission at 63 FR 16441 (April 3, 1998), 40 CFR 52.111 (``Toll free
number assignment'') was inadvertently added to subpart D (``Arizona'')
of part 52 (``Approval and promulgation of implementation plans''). The
provisions now found at 40 CFR 52.111 were intended to be promulgated
in title 47, not title 40, and have nothing to do with SIPs. In today's
action, we are correcting this error by removing 40 CFR 52.111 from the
CFR.

III. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is approving
the state's rescission of the statutory and regulatory provisions
listed in table 1 from the Arizona SIP because we believe they are no
longer necessary to retain. Under section 110(k)(6), we are also
correcting errors in certain previous actions by the EPA on prior
Arizona SIP revisions. The error corrections relate to an inadvertent
listing of a rule on which the EPA did not take action in the Arizona
SIP, a typographical error, and erroneous approvals of non-SIP
submittals as part of the SIP.
    We do not think anyone will object to these actions, so we are
finalizing them without proposing them in advance. However, in the
Proposed Rules section of this Federal Register, we are simultaneously
proposing rescission of the same provisions and correction of the same
errors. If we receive adverse comments by March 14, 2016, we will
publish a timely withdrawal in the Federal Register to notify the
public that the direct final approval will not take effect and we will
address the comments in a subsequent final action based on the
proposal. If we do not receive timely adverse comments, the direct
final approval will be effective without further notice on April 11,
2016.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely rescinds state statutes, rules, and
test methods as unnecessary to retain in the applicable SIP and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added 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 action 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 of the rule 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 11, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: January 25, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

Sec.  52.111  [Removed]

0
2. Remove Sec.  52.111.

0
3. Section 52.120 is amended by:
0
a. Adding paragraphs (b)(1)(i), (c)(3)(ii) introductory text and
(c)(3)(ii)(A), and (c)(6)(i) introductory text and (c)(6)(i)(A);
0
b. Revising paragraph (c)(19);
0
c. Adding paragraphs (c)(20)(i) introductory text and (c)(20)(i)(A),
(c)(27)(i)(D), and (c)(29)(i)(B);
0
d. Removing and reserving paragraph (c)(30);
0
e. Adding paragraphs (c)(43)(i)(D) and (c)(45)(i)(E);
0
f. Revising paragraph (c)(50)(ii)(B);
0
g. Adding paragraphs (c)(50)(ii)(D) and (c)(54)(i)(I); and
0
h. Removing and reserving paragraph (c)(120).
    The additions and revisions read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (b) * * *
    (1) Arizona State Department of Health.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement: Arizona Revised Statutes
section 36-1700 (``Declaration of Policy'')
    (c) * * *
    (3) * * *
    (ii) Arizona State Department of Health.
    (A) Previously approved on July 27, 1972 in paragraph (c)(3) of
this section and now deleted without replacement: Chapter 2 (``Legal
Authority''), Section 2.9 (``Jurisdiction over Indian lands''); Arizona
Revised Statutes sections 36-1700 (``Declaration of Policy'') and 36-
1801 (``Jurisdiction over Indian Lands''); and Arizona State Department
of Health, Rules and Regulations for Air Pollution Control 7-1-4.3
(``Sulfite Pulp Mills'') and 7-1-9.1 (``Policy and Legal Authority'').
* * * * *
    (6) * * *
    (i) Arizona State Department of Health.
    (A) Previously approved on July 31, 1978 in paragraph (c)(6) of
this section and now deleted without replacement: Arizona Air Pollution
Control Regulation 7-1-4.3 (R9-3-403) (``Sulfur Emissions: Sulfite Pulp
Mills'').
* * * * *
    (19) Arizona Air Pollution Control Regulations, submitted on
September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and
Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303
(Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions:
Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning
Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants);
and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on
September 16, 1975.
    (20) * * *
    (i) Arizona State Department of Health.
    (A) Previously approved on August 4, 1978 in paragraph (c)(20) of
this section and now deleted without replacement: Arizona Air Pollution
Control Regulation R9-3-1001 (``Policy and Legal Authority'').
* * * * *
    (27) * * *
    (i) * * *
    (D) Previously approved on April 23, 1982, in paragraph
(c)(27)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and
C), and R9-3-517 (Paragraphs B and C).
* * * * *
    (29) * * *
    (i) * * *
    (B) Previously approved on April 23, 1982, in paragraph
(c)(29)(i)(A) of this section and now deleted without replacement:
Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and
4.0.
* * * * *
    (43) * * *
    (i) * * *
    (D) Previously approved on April 23, 1982, in paragraph
(c)(43)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513
(Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).
* * * * *
    (45) * * *
    (i) * * *
    (E) Previously approved on April 23, 1982, in paragraph
(c)(45)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A);
R9-3-517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; and Section 3.20, Method 20.
* * * * *
    (50) * * *
    (ii) * * *
    (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.
* * * * *
    (D) Previously approved on June 18, 1982, in paragraph
(c)(50)(ii)(B) of this section and now deleted without replacement:
Arizona Revised Statutes section 36-1700.
* * * * *
    (54) * * *
    (i) * * *
    (I) Previously approved on September 28, 1982, in paragraph
(c)(54)(i)(C) of this section and now deleted without replacement: R9-
3-511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and
A.2), and R9-3-517 (Paragraph A to A.1).
* * * * *
[FR Doc. 2016-02714 Filed 2-10-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]
[Page 7682]
[DOCID:fr19fe09-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-56-000]

Midcontinent Express Pipeline LLC; Notice of Application

February 11, 2009.
    Take notice that on January 29, 2009, Midcontinent Express Pipeline
LLC (Midcontinent) 3250 Lacey Road, Suite 700, Downers Grove, Illinois
60515, filed an application in Docket No. CP09-56-000, pursuant to
section 7(c) of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations, requesting a certificate of public
convenience and necessity to construct and operate facilities to expand
the capacity of its system in Zone 1 by 300,000 Dth per day.
Specifically, Midcontinent proposes to increase compression at three
certificated compressor stations: (1) Lamar Compressor Station in Lamar
County, Texas--one new 6,135 horsepower (hp) unit; (2) Atlanta
Compressor Station in Cass County, Texas--two new units totaling 16,360
hp and an increase the certificated level of operation of two
compressor units requested in Docket No. CP08-6-002 by a total of 4,090
hp; and (3) Vicksburg Compressor Station in Hinds County, Mississippi--
one new 6,135 hp unit. In addition, Midcontinent proposes to add a new
inlet filter/separator at its certificated Perryville Compressor
Station in Union Parish, Louisiana. Midcontinent requests a
determination that rolled-in rate treatment is appropriate for the
proposed facilities.
    Any questions regarding this application should be directed to
Bruce H. Newsome, Vice President, Midcontinent Express Pipeline LLC,
3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, telephone
no.<PHONE_NUMBER>, and e-mail<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either complete
its environmental assessment (EA) and place it into the Commission's
public record (eLibrary) for this proceeding; or issue a Notice of
Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: March 4, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3450 Filed 2-18-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Page 27672]
[FR Doc No: 2019-12452]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86067; File No. SR-NASDAQ-2019-017]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on a
Proposed Rule Change To Adopt Additional Requirements for Listings in
Connection With an Offering Under Regulation A of the Securities Act

June 7, 2019.
    On April 5, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt a new initial listing requirement for any
company applying to list on the Exchange in connection with an offering
under Regulation A \3\ of the Securities Act of 1933.\4\ The proposed
rule change was published for comment in the Federal Register on April
24, 2019.\5\ The Commission received one comment on the proposed rule
change.\6\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 230.251-230.263.
    \4\ 15 U.S.C. 77a et seq.
    \5\ See Securities Exchange Act Release No. 85687 (April 18,
2019), 84 FR 17224 (April 24, 2019).
    \6\ See Letter from Jeffrey P. Mahoney, General Counsel, Council
of Institutional Investors, dated May 2, 2019, available at https://www.sec.gov/comments/sr-nasdaq-2019-017/srnasdaq2019017-5441017-184816.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \7\ provides that, within 45 days of
the publication of the 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 approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether the proposed rule change should be disapproved.
The 45th day after publication of the notice for this proposed rule
change is June 8, 2019. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that 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 the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\8\ designates July 23, 2019, as the date by which the Commission
should approve, disapprove, or institute proceedings to determine
whether to disapprove the proposed rule change (File No. SR-NASDAQ-
2019-017).
---------------------------------------------------------------------------

    \8\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12452 Filed 6-12-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Notices]
[Pages 19063-19064]
[FR Doc No: 2021-07573]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, April 15, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: April 8, 2021.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2021-07573 Filed 4-8-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Notices]
[Page 27206-27207]
[DOCID:fr08jn09-108]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Extension of Existing Request; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation S-P, OMB Control No. 3235-0537, SEC File No. 270-480.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the existing collection of
information provided for in the following rule:

Regulation S-P--Privacy of Consumer Financial Information (17 CFR Part
248) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget for
extension and approval.
    The Commission adopted Regulation S-P (17 CFR Part 248) under the
authority set forth in section 504 of the Gramm-Leach-Bliley Act (15
U.S.C. 6804), sections 17 and 23 of the Securities Exchange Act of 1934
(15 U.S.C. 78q, 78w), sections 31 and 38 of the Investment Company Act
of 1940 (15 U.S.C. 80a-30(a), 80a-37), and sections 204 and 211 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4, 80b-11). Regulation
S-P implements the requirements of Title V of the Gramm-Leach-Bliley
Act (``GLBA''), which include the requirement that at the time of
establishing a customer relationship with a consumer and not less than
annually during the continuation of such relationship, a financial
institution shall provide a clear and conspicuous disclosure to such
consumer of such financial institution's policies and practices with
respect to disclosing nonpublic personal information to affiliates and
nonaffiliated third parties (``privacy notice''). Title V of the GLBA
also provides that, unless an exception applies, a financial
institution may not disclose nonpublic personal information of a
consumer to a nonaffiliated third party unless the financial
institution clearly and conspicuously discloses to the consumer that
such information may be disclosed to such third party; the consumer is
given the opportunity, before the time that such information is
initially disclosed, to direct that such information not be disclosed
to such third party; and the consumer is given an explanation of how
the consumer can exercise that nondisclosure option (``opt out
notice''). The privacy notices required by the GLBA are mandatory. The
opt out notices are not mandatory for financial institutions that do
not share nonpublic personal information with nonaffiliated third
parties except as permitted under an exception to the statute's opt out
provisions. Regulation S-P implements the statute's privacy notice
requirements with respect to broker-dealers, investment companies, and
registered investment advisers (``covered entities''). The Act and
Regulation S-P also contain consumer reporting requirements. In order
for consumers to opt out, they must respond to opt out notices. At any
time during their continued relationship, consumers have the right to
change or update their opt out status. Most covered entities do not
share nonpublic personal information with nonaffiliated third parties
and therefore are not required to provide opt out notices to consumers
under Regulation S-P. Therefore, few consumers are required to respond
to opt out notices under the rule.
    Compliance with Regulation S-P is necessary for covered entities to
achieve compliance with the consumer financial privacy notice
requirements of Title V of the GLBA. The required consumer notices are
not submitted to the Commission. Because the notices do not involve a
collection of information by the Commission, Regulation S-P does not
involve the collection of confidential information. Regulation S-P does
not have a record retention requirement per se, although the notices to
consumers it requires are subject to the recordkeeping requirements of
Rules 17a-3 and 17a-4 (17 CFR 240.17a-3 and 17a-4).
    The Commission estimates that approximately 20,065 covered entities
(approximately 5,326 registered broker-dealers, 4,571 investment
companies, and, out of a total of 11,266 registered investment
advisers, 10,168 registered investment advisers that are not also
registered broker-dealers) that must prepare or revise their annual and
initial privacy notices will spend an average of approximately 12 hours
per year complying with Regulation S-P. Thus, the total compliance
burden is estimated to be approximately 240,780 burden-hours per year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>
    Dated: June 1, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13254 Filed 6-5-09; 8:45 am]

BILLING CODE 8010-01-P