[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53470-53471]
[FR Doc No: 2022-18790]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-467-000]

Texas Gas Transmission, LLC; Notice of Availability of the Final
Environmental Impact Statement for the Proposed Henderson County
Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final Environmental Impact Statement (EIS)
for the Henderson County Expansion Project (Project), proposed by Texas
Gas Transmission, LLC (Texas Gas) in the above-referenced docket. Texas
Gas requests a Certificate of Public Convenience and Necessity and
Abandonment Authorization to construct, operate, and maintain, and
abandon certain natural gas transmission pipeline facilities in
Henderson and Webster Counties, Kentucky and Posey and Johnson
Counties, Indiana. The Project purpose is to provide up to 220,000
dekatherms per day of new firm transportation service to CenterPoint
Energy Indiana South's (CenterPoint) AB Brown Generating Station in
Posey County, Indiana.
    The final EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). FERC
staff concludes that approval of the proposed Project, with the
mitigation measures recommended in the EIS, would result in some
adverse environmental impacts; however, with the exception of potential
impacts on climate change, we conclude that impacts would be reduced to
less than significant levels. Regarding climate change impacts, this
EIS is not characterizing the Project's greenhouse gas emissions as
significant or insignificant because the Commission is conducting a
generic proceeding to determine whether and how the Commission will
conduct significance determinations going forward.\1\
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    \1\ Consideration of Greenhouse Gas Emissions in Natural Gas
Infrastructure Project Reviews, 178 FERC ] 61,108 (2022); 178 FERC ]
61,197 (2022).
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    The U.S. Environmental Protection Agency participated as a
cooperating agency in the preparation of the EIS. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the NEPA
analysis. Although the U.S. Environmental Protection Agency provides
input to the conclusions and recommendations presented in the final
EIS, the agency may present its own conclusions and recommendations in
any applicable Records of Decision or other documentation for the
Project.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following project facilities:
     Henderson Lateral--Construction of an approximately 23.5-
mile-long, 20-inch-diameter natural gas transmission pipeline extending
from a new tie-in facility in Henderson County, Kentucky to the new AB
Brown Meter and Regulating (M&R) Station in Posey County, Indiana.
     AB Brown M&R Station and Point of Demarcation Site (Posey
County, Indiana)--Construction of a delivery M&R station, receiver
facility, and a 0.1-mile-long, 16-inch-diameter interconnecting
pipeline terminating at the new Point of Demarcation Site, which would
serve as CenterPoint's tie-in for Project facilities for its AB Brown
Generating Station.
     Slaughters Compressor Station (Webster County, Kentucky)--
Installation of a new 4,863-horsepower Solar Centaur 50 turbine
compressor unit with piping modifications and other appurtenant
facilities, abandonment in place of an existing compressor unit (Unit
5), and placement on standby of two existing compressor units (Unit 6
and Unit 7).
     New ancillary facilities including a mainline valve and
tie-in facility in Henderson County, Kentucky and upgrades to an
existing M&R station in Johnson County, Indiana.
    The Commission mailed a copy of the Notice of Availability of the
Final Environmental Impact Statement for the Proposed Henderson County
Expansion Project to federal, state, and local government
representatives and agencies; elected officials; environmental and
public interest groups; Native American Tribes; potentially affected
landowners and

other interested individuals and groups; and newspapers and libraries
in the Project area. The final EIS is only available in electronic
format. It may be viewed and downloaded from the FERC's website
(www.ferc.gov), on the natural gas environmental documents page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the final EIS may be accessed by
using the eLibrary link on the FERC's website. Click on the eLibrary
link (https://elibrary.ferc.gov/eLibrary/search) select ``General
Search'' and enter the docket number in the ``Docket Number'' field,
excluding the last three digits (i.e., CP21-467). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: August 25, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-18790 Filed 8-30-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Proposed Rules]
[Page 30299-30300]
[DOCID:fr25my11-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0393; Airspace Docket No. 11-AWP-2]

Proposed Establishment of Class E Airspace; Kayenta, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at Kayenta
Airport, Kayenta, AZ. Controlled airspace is necessary to accommodate
aircraft using a new Area Navigation (RNAV) Global Positioning System
(GPS) standard instrument approach procedures at Kayenta Airport. The
FAA is proposing this action to enhance the safety and management of
aircraft operations at the airport.

DATES: Comments must be received on or before July 11, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
0393; Airspace Docket No. 11-AWP-2, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2011-0393 and Airspace Docket No. 11-AWP-2) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2011-0393 and Airspace Docket No. 11-AWP-2''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E Airspace extending
upward from 700 feet above the surface at Kayenta, AZ, to accommodate
aircraft using new RNAV GPS standard instrument approach procedures at
Kayenta Airport. This action would enhance the safety and management of
instrument flight rules operations at the airport.
    Class E Airspace designations are published in paragraph 6005, of
FAA Order 7400.9U, dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR Part 71.1. The Class
E Airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (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) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified this proposed
rule, when promulgated, would not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Kayenta Airport, Kayenta, AZ

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR Part 71.1 of the
Federal Aviation Administration Order 7400.9U, Airspace Designations
and Reporting Points, dated August 18, 2010, and effective September
15, 2010 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP AZ E5 Kayenta, AZ [New]

Kayenta Airport, AZ
    (Lat. 36[deg]42'59'' N., long. 110[deg]13'42'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.7-mile radius of the Kayenta Airport, and within 4 miles
either side of the 066[deg] bearing of the airport extending from
the 7.7-mile radius to 14.5 miles northeast of Kayenta Airport; that
airspace extending upward from 1,200 feet above the surface within
an area bounded by lat. 36[deg]54'00'' N., long. 110[deg]03'00'' W.;
to lat. 36[deg]48'00'' N., long. 109[deg]44'00'' W.; to lat.
36[deg]26'00'' N., long. 109[deg]14'00'' W.; to lat. 36[deg]11'00''
N., long. 109[deg]26'00'' W.; to lat. 36[deg]03'00'' N., long.
110[deg]12'00'' W.; to lat. 36[deg]22'00'' N., long. 110[deg]44'00''
W.; to lat. 36[deg]42'00'' N., long. 110[deg]31'00'' W.; to lat.
36[deg]50'00'' N., long. 110[deg]25'00'' W., thence to the point of
beginning.

    Issued in Seattle, Washington, on May 17, 2011.
Christine Mellon,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-12989 Filed 5-24-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Page 32765]
[FR Doc No: 2023-10830]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at North American Electric Reliability
Corporation Standard Drafting Team Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and/or Commission staff may attend the
following meetings:
    North American Electric Reliability Corporation Project 2021-07
Extreme Cold Weather Grid Operations, Preparedness, Coordination
Standard Drafting Team Meetings:

May 30, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 1, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 6, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 8, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 15, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 20, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 22, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 27, 2023 (1:00 p.m.-3:00 p.m. eastern time)
June 29, 2023 (1:00 p.m.-3:00 p.m. eastern time)

    Further information regarding these meetings may be found at:
https://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceeding:

Docket Nos. RD23-1-000, RD23-1-001
    Extreme Cold Weather Reliability Standards EOP-011-3 and EOP-012-1.

    For further information, please contact Chanel Chasanov, 202-502-
8569, or [email protected].

    Dated: May 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-10830 Filed 5-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Page 68883]
[FR Doc No: 2014-27327]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL15-20-000]

Departing Kentucky Municipals v. Kentucky Utilities Company;
Notice of Complaint

    Take notice that on November 10, 2014, pursuant to section 306 of
the Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal
Energy Regulatory Commission's (Commission) Rules of Practice and
Procedure, 18 CFR 385.206, Departing Kentucky Municipals (Departing
Kentucky Municipals or Complainant), filed a formal complaint against
Kentucky Utilities Company (Kentucky Utilities Company or Respondent),
alleging that Kentucky Utilities Company has failed to comply with
Section <IP_ADDRESS> of its wholesale requirements contracts with the
Departing Kentucky Municipals, which requires it to file for Commission
approval to stop collecting in its rates to Departing Kentucky
Municipals the costs associated with construction work in progress
after receiving the Departing Kentucky Municipals' notices of
termination, as more fully explained in the complaint.
    Departing Kentucky Municipals certify that copies of the complaint
were served on the contacts for Kentucky Utilities Company as listed on
the Commission's list of Corporate Officials.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 electronic 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 December 1, 2014.

    Dated: November 12, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-27327 Filed 11-18-14; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Comments submitted to agency directly are being posted by agency in docket.


[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73803-73807]
[DOCID:fr28de07-86]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0794; FRL-8345-6]

Review of Chemical Proposals for Addition under the Stockholm
Convention on Persistent Organic Pollutants; Solicitation of
Information for the Development of Risk Management Evaluations and Risk
Profiles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice solicits information relevant to the development
of risk management evaluations pursuant to the Stockholm Convention on
Persistent Organic Pollutants (POPs) (hereafter Convention) for the
following chemicals which are being reviewed for possible addition to
the Convention's Annexes A, B, and/or C as POPs: Commercial
octabromodiphenyl ether (c-octaBDE) (CAS No. 32536-52-0 ),
pentachlorobenzene (PeCB) (CAS No. 608-93-5), alpha-
hexachlorocyclohexane (alpha-HCH) (CAS No. 319-84-6), and beta-
hexachlorocyclohexane (beta-HCH) (CAS No. 319-85-7). Additionally, this
notice solicits additional information relevant to the development of
the risk profile pursuant to the Convention for the following chemical
which is also being reviewed for possible addition to the Convention's
Annexes A, B, and/or C as POPs: Short-chained chlorinated paraffins
(SCCP) (CAS No. 85535-84-8). EPA is issuing this notice to alert
interested and potentially affected persons of these proposals and the
status of their review under the Convention, and to encourage such
persons to provide information relevant to the development of risk
profiles and risk management evaluations under the Convention.

DATES: Comments must be received on or before January 22, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0794, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2006-0794. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0794. 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 e-
mail. The regulations.gov website 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 e-
mail comment directly to EPA without going through regulations.gov,
your e-mail 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov
, or, if only available in hard copy, at the OPPT

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Amy Breedlove, Chemical Control
Division (7405M), Office Pollution Prevention and Toxics, 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?

    This action is directed to the public in general, and may be of
particular interest to chemical substance and pesticide manufacturers,
importers, and processors. Since other entities may also be interested,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. 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 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. Procedures for preparing confidential information related to
pesticides and industrial chemicals. Procedures for preparing
confidential information related to pesticides and industrial chemicals
are in Unit I.B.1. Send confidential information about industrial
chemicals using the submission procedures under ADDRESSES. Send
confidential information about pesticides to: Janice K. Jensen, Office
of Pesticide Programs (7506P), Environmental Protection, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001 or hand delivered to:
Janice K. Jensen, Government and International Services Branch, Office
of Pesticide Programs, Potomac Yard South, 2777 S. Crystal Dr., Rm.
S11315, Arlington, VA 22202. If you have CBI pesticide
information to submit or questions about delivering CBI to Janice,
please contact her at<EMAIL_ADDRESS>    3. Incorporation of comments in U.S. response. Commenters should
note that none of the CBI information received by EPA will be forwarded
to the Stockholm Convention Secretariat (hereafter Secretariat).
Information from submissions containing CBI may be considered by EPA in
the development of the U.S. response. If commenters wish EPA to
consider incorporating information in documents with CBI as part of the
U.S. response, commenters should provide a sanitized copy of the
documents. Sanitized copies must be complete except that all
information claimed as CBI is deleted. EPA will place sanitized copies
in the public docket.
    4. CD-ROMs. Please note that due to incoming mail being x-rayed,
CD-ROM's tend to melt and become unusable. It is recommended that they
not be sent through the mail.
    5. 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.

II. Background

A. What Action is the Agency Taking?

    The Agency is issuing this notice to increase awareness of the
proposals concerning the chemicals subject to this notice, and to
provide interested persons with an opportunity to provide relevant
information to EPA for its consideration in the development of the
United States' submissions relevant to Convention Annexes E and F for
the chemical substances under review at this time for possible addition
to Annexes A, B, and/or C of the Convention. On December 3 and 4, 2007,
the Secretariat invited Parties and observers to submit to the POPs
Review Committee (POPRC) (via the Secretariat) information specified in
Annex E and Annex F of the Convention, and other relevant information
(the Secretariat's invitation letters can be found at http://www.pops.int/documents/meetings/poprc/docs/comments.htm
). The United

States is an observer. EPA is requesting that any information be
submitted to EPA no later than January 22, 2008. The United States
intends to make a submission by February 4, 2008, to meet the
Secretariat's deadline. In addition, EPA will consider the information
during its review of the draft risk management evaluations developed by
ad hoc working groups established under POPRC in the coming months. The
chemical listing process is discussed in more detail in Unit II.B.
Individuals or organizations that wish to submit information directly
to POPRC via the Secretariat should work through their respective
observer organizations, if any.

B. The Convention Chemical Listing Process

    The Convention is a multilateral environmental agreement designed
to protect human health and the environment from persistent organic
pollutants. The United States signed the Convention in May of 2001 but
has not yet ratified it (and thus is not a Party to the Convention).
The United States currently participates as an observer in Convention
activities. The Convention, which went into force in May of 2004,
requires the Parties to reduce or eliminate the production and use of a
number of intentionally produced POPs used as pesticides or industrial
chemicals. The Convention also calls upon Parties to take certain
specified measures to reduce releases of certain unintentionally
produced POPs with the goal of their continuing minimization and, where
feasible, ultimate elimination. The Convention also imposes controls on
the handling of POPs wastes and on trade in POPs chemicals.
    In addition, there are specific science-based procedures that
Parties to the Convention must use when considering the addition of new
chemicals to the Convention's Annexes. Article 8 of the Convention
provides the process that must be followed for listing new chemicals in
Annexes A, B, and/or C, and is described in summary in this unit with
certain associated implementation procedures being followed by POPRC:
    1. A Party to the Convention may submit a proposal to the
Secretariat for listing a chemical in Annexes A, B and/or C of the
Convention. The proposal shall contain the information specified in
Annex D of the Convention (``Information Requirements and Screening
Criteria'').
    2. The Secretariat verifies that the proposal contains the
information specified in Annex D of the Convention, and if the
Secretariat is satisfied, the proposal is forwarded to POPRC.
    3. POPRC examines the proposal, applies the Convention Annex D
screening criteria, and determines whether the screening criteria have
been fulfilled.
    4. If POPRC is satisfied that the criteria have been fulfilled,
POPRC, through the Secretariat, will make the proposal and POPRC's
evaluation available to all Parties and observers and invite them to
submit the information specified in Annex E (``Information Requirements
for the Risk Profiles'') of the Convention.
    5. Draft risk profiles are prepared by ad hoc working groups under
POPRC in accordance with Annex E of the

Convention for consideration by POPRC and made available to all Parties
and observers to collect technical comments.
    6. POPRC reviews the draft risk profile and technical comments,
completes the risk profile, and determines whether the chemical is
likely, as a result of its long-range environmental transport, to lead
to significant adverse human health and/or environmental effects, such
that global action is warranted.
    7. If POPRC determines that action is warranted, then POPRC,
through the Secretariat, will ask Parties and observers to provide
information specified in Annex F (``Information on Socio-Economic
Considerations'') of the Convention to aid in the development of risk
management evaluations (that include an analysis of possible control
measures).
    8. Draft risk management evaluations are prepared by ad hoc working
groups under POPRC in accordance with Annex F of the Convention for
consideration by POPRC and made available to Parties and observers to
collect technical comments.
    9. POPRC reviews the draft risk management evaluation prepared by
the ad hoc working group and completes it.
    10. On the basis of the risk profile and the risk management
evaluation for each chemical, POPRC recommends whether the chemical
should be considered by the Conference of the Parties (COP) for listing
in Convention Annexes A, B, and/or C. (The type(s) of control
measure(s) that might be introduced for a specific chemical would
dictate whether the chemical would be listed in Annex A (elimination),
Annex B (restriction), and/or Annex C (unintentional production) of the
Convention.)
    11. The COP makes the final decision on listing the chemical in
Annexes A, B, and/or C of the Convention.
    EPA anticipates issuing Federal Register notices soliciting
information, when appropriate, during the listing process.

C. What Information is Being Requested for Risk Management Evaluations?

    For the chemicals currently at the risk management stage (see Unit
II.G.), EPA is seeking information that is supplementary to the
information provided during previous stages in the review process;
i.e., information relevant to Convention Annexes D and E; the
proposals, evaluations and risk profiles. These documents, as well as
the Secretariat's letter soliciting information, are available at the
Convention website (http://www.pops.int/documents/meetings/poprc/poprc.htm
). In addition, POPRC identified specific areas where

information and data relevant to the chemicals under consideration
would be particularly useful for the future process. This information
is discussed in Unit II.G.
    When providing information, keep in mind that the possible control
measures under the Convention include, among others, the prohibition or
severe restriction of production and use. Therefore, the provision of
accurate, high-quality information, as described in this notice and in
the Secretariat letter soliciting information, is a priority for
POPRC's evaluation.
    Commenters are invited to provide information they deem relevant to
POPRC's development of the risk management evaluation, such as that
specified in Annex F of the Convention and other related information,
as described in this unit and in Unit II.G. Provide summary information
and relevant references for:
    1. Efficacy and efficiency of possible control measures in meeting
risk reduction goals:
    i. Describe possible control measures.
    ii. Technical feasibility.
    iii. Costs, including environmental and health costs.
    2. Alternatives (products and processes):
    i. Describe alternatives.
    ii. Technical feasibility.
    iii. Costs, including environmental and health costs.
    iv. Efficacy.
    v. Risk.
    vi. Availability.
    vii. Accessibility.
    3. Positive and/or negative impacts on society of implementing
possible control measures:
    i. Health, including public, environmental and occupational health.
    ii. Agriculture, including aquaculture and forestry.
    iii. Biota (biodiversity).
    iv. Economic aspects.
    v. Movement towards sustainable development.
    vi. Social costs.
    4. Waste and disposal implications (in particular, obsolete stocks
of pesticides and clean-up of contaminated sites):
    i. Technical feasibility.
    ii. Cost.
    5. Access to information and public education.
    6. Status of control and monitoring capacity.
    7. Any national or regional control actions taken, including
information on alternatives, and other relevant risk management
information.
    8. Other relevant information for the risk management evaluation.
    9. Other information requested by POPRC.
    POPRC would also like to collect more Convention Annex E
information and has requested additional or updated information for the
following:
     Production data, including quantity and location.
     Uses.
     Releases, such as discharges, losses and emissions.

D. What Information is Being Requested for Risk Profiles?

    For chemicals at the risk profile stage (see Unit II.H.), EPA is
seeking information that is supplementary to the information in the
proposals on the chemicals and POPRC's evaluation of the proposals
against the Convention`s Annex D screening criteria. The proposals and
the evaluations, as well as the Secretariat's letter inviting Parties
and observers to provide information, are available at the Convention
website: http://www.pops.int/documents/meetings/poprc/poprc.htm.

    Commenters are invited to provide information they deem relevant to
POPRC's development of risk profiles, such as that specified in Annex E
of the Convention and other related information, as described in this
unit and in Unit II.H.:
    1. Sources, including as appropriate:
    i. Production data, including quantity and location.
    ii. Uses.
    iii. Releases, such as discharges, losses and emissions.
    2. Hazard assessment for the endpoint(s) of concern (as identified
in the proposals and/or POPRC's evaluation of the proposals against the
screening criteria of Convention Annex D), including a consideration of
toxicological interactions involving multiple chemicals.
    3. Environmental fate, including data and information on the
chemical and physical properties of a chemical as well as its
persistence and how they are linked to its environmental transport,
transfer within and between environmental compartments, degradation and
transformation to other chemicals.
    4. Monitoring data.
    5. Exposure in local areas and, in particular, as a result of long
range environmental transport, and including information regarding bio-
availability.

E. How Should the Information be Provided?

    1. EPA requests that commenters, where possible, use the
questionnaire developed by POPRC to provide their information. The
questionnaire with

explanatory notes can be found on the Convention website at: http://www.pops.int/documents/meetings/poprc/request.htm.
 Information does not

need to be provided for each item in the questionnaire. The explanatory
notes under each item have been developed by POPRC and are meant to
guide and assist the providers of information. Commenters are requested
to include clear and precise references for all sources. Without the
exact source of the information, POPRC will not be able to use the
information. If the information is not readily available in the public
literature, commenters may consider attaching the original source of
the information to their submission. Commenters should indicate clearly
on the questionnaire which chemical the information concerns and use
one questionnaire per chemical. If for some reason the questionnaire
does not provide an adequate mechanism for a type of comment or
information, EPA requests that such comment or information be submitted
using a similar format.
    2. Although POPRC has developed provisional arrangements for the
treatment of confidential information, as mentioned in Unit I.B.3., no
CBI will be forwarded to the Secretariat. EPA will, however, consider
such information in development of the U.S. response to the
Secretariat. Instructions on where and how to submit comments and
confidential information can be found in Unit I.B.2. and 3. and
ADDRESSES.
    3. Anyone wishing to have an opportunity to communicate with EPA
orally on this issue should consult the technical person listed under
FOR FURTHER INFORMATION CONTACT.

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

    EPA is requesting comment and information under the authority of
section 102(2)(F) of the National Environmental Policy Act, 42 U.S.C.
4321 et seq., which directs all agencies of the Federal Government to
``[r]ecognize the worldwide and long-range character of environmental
problems and, where consistent with the foreign policy of the United
States, lend appropriate support to initiatives, resolutions and
programs designed to maximize cooperation in anticipating and
preventing a decline in the quality of mankind's world environment.''
Section 17(d) of the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA) also provides additional support in that it directs the
Administrator of the EPA ``in cooperation with the Department of State
and any other appropriate Federal agency, [to] participate and
cooperate in any international efforts to develop improved pesticide
research and regulations.''

G. What is the Status of Chemicals at the Risk Management Stage?

    The second meeting of POPRC took place on November 6-10, 2006, in
Geneva, Switzerland. EPA provided notice of this meeting and POPRC's
intention to consider proposals for the five chemicals listed in this
unit in the Federal Register notice of October 6, 2006 (71 FR 59108)
(FRL-8099-2). Information about the November 2006 POPRC meeting is
available at the Convention website http://www.pops.int. POPRC had

before it five proposals which were submitted for its consideration by
Parties to the Convention for addition to Annexes A, B, and/or C of the
Convention.
    1. Two of the five proposals were for industrial chemicals:
    i. Octabromodiphenyl ether.
    ii. Short-chained chlorinated paraffins.
    2. One of the five proposals was for a chemical with both
industrial and pesticidal uses: Pentachlorobenzene.
    3. Two of the five proposals were for pesticides:
    i. Alpha-hexachlorocyclohexane.
    ii. Beta-hexachlorocyclohexane.
    In accordance with the procedure in Article 8 of the Convention and
discussed in Unit II.B., during the November 2006 meeting, POPRC
examined the proposals and applied the screening criteria in Annex D of
the Convention. With regard to all five chemicals, POPRC decided that
it was satisfied that the screening criteria had been fulfilled and,
that further work should therefore be undertaken to develop risk
profiles. Therefore, POPRC, through the Secretariat, on December 8,
2006, requested that Parties and observers provide information relevant
to POPRC's development of risk profiles for the five chemicals listed
in this unit. In addition to the Convention Annex E information
discussed in Unit II.D., POPRC determined, and the Secretariat
requested in their December 2006 letter, that additional information on
the environmental fate of SCCP or information relating to their
properties which would enable a fuller evaluation of environmental fate
as being particularly useful for the future process. In the Federal
Register notice of December 20, 2006 (71 FR 76325) (FRL-8109-1), EPA
invited commenters to provide EPA with information for the risk
profiles.
    Using the information in the proposal and information submitted by
Parties and observers in response to the Secretariat's request in
December 2006 in accordance with paragraph 4(a) of Article 8 of the
Convention, risk profiles were prepared for each of the chemicals to,
as noted in Convention Annex E, ``evaluate whether the chemical is
likely, as a result of its long-range environmental transport, to lead
to significant adverse human health and/or environmental effects, such
that global action is warranted.'' The risk profile must further
evaluate and elaborate on the information referred to in Annex D of the
Convention and include, as far as possible, the information listed in
Convention Annex E. A draft outline of the risk profile has been
developed by POPRC, available at http://www.pops.int/documents/meetings/poprc/request.htm.
 The draft risk profiles developed by ad hoc

working groups established by POPRC were presented in November 2007 at
the third meeting of the POPRC (POPRC 3) for consideration.
    In accordance with the procedure in Article 8 of the Convention and
described Unit II.B., POPRC 3 examined the risk profiles and decided
that the chemicals, except for SCCP, are likely, as a result of their
long-range environmental transport, to lead to significant adverse
human health and/or environmental effects such that global action is
warranted. At that meeting, POPRC 3 also examined the draft risk
profile for SCCP, but considered that the information available was
insufficient to support the Convention Annex E-related decision on
likely significant adverse effects from long-range environmental
transport and did not approve the risk profile for the chemical.
Therefore, POPRC 3 agreed to defer its final Convention Annex E-
related decision on SCCP to its fourth meeting. POPRC, through the
Secretariat, as described in Unit II.H., has asked for additional
information for the SCCP risk profile.
    The next step in the process for substances found by POPRC to be
likely, as a result of their long-range environmental transport, to
lead to significant adverse human health and/or environmental effects
such that global action is warranted is for POPRC to prepare a risk
management evaluation that includes an analysis of possible control
measures, which as noted in Annex F (``Information on Socio-Economic
Considerations'') of the Convention should encompass ``the full range
of options, including management and elimination.'' The risk management
evaluation shall further evaluate and elaborate on the information
referred to in Annexes D and E of the Convention. Relevant information
should include socio-economic considerations

associated with possible control measures (see Unit II.C.) and should
reflect due regard for the differing capabilities and conditions among
the Parties. A draft outline of the risk management evaluation has been
developed by POPRC and is available at http://www.pops.int/documents/meetings/poprc/request.htm.
 The risk management evaluation will take

into account information to be submitted by Parties and observers as
requested by POPRC through the Secretariat on December 4, 2007. Draft
risk management evaluations developed by ad hoc working groups
established under POPRC will be considered by the full POPRC and
proceed as discussed in Unit II.B.
    In addition to the Convention Annex F information discussed in Unit
II.C., POPRC 3 identified the following specific areas where
information and data relevant to the chemicals under consideration
would be particularly useful for the future process.
    1. Commercial octabromodiphenyl ether (c-octaBDE). When evaluating
commercial c-octaBDE against the criteria contained in Annex D of the
Convention and during the preparation of the risk profile as described
in Annex E of the Convention, there was a further need identified for
information on octabromodiphenyl ether (octaBDE) and nonabromodiphenyl
ether (nonaBDE) related to risk estimations and bioaccumulation,
including the environmental and health relevance of debromination. The
POPRC 3 invited the intersessional working group on c-octaBDE to
explore the information and if appropriate revise the risk profile for
consideration by POPRC at its fourth meeting. Therefore, in addition to
Convention Annex F information, POPRC is seeking:
    i. Information on octa-BDE and nona-BDE related to risk estimation
and bioaccumulation.
    ii. Information on quantitative assessments of the role of
debromination.
    iii. Toxicological and ecotoxicological information for the
commercial mixture and its components.
    Further, EPA notes that:
     The POPRC 3 Convention Annex E/risk profile-related
decision on c-octaBDE actually was based on the hexabromodiphenyl ether
(hexaBDE) through nonaBDE congeners that are components of the
commercial mixture.
     The POPRC 3 Convention Annex F/risk management-related
recommendation that related to the commercial pentabromodiphenyl ether
risk management evaluation actually covered the tetrabromodiphenyl
ether and pentabromodiphenyl ether congener components of that
commercial mixture. (These decisions will be reflected in the POPRC 3
final report which will be available at: http://www.pops.int/documents/meetings
 once it is finalized.)

Given this history, EPA believes there is a reasonable possibility that
the POPRC will consider recommending the listing of the component
congeners of c-octaBDE at its next meeting in October 2008 (POPRC 4).
As such, EPA believes the type of information described in Annex F of
the Convention (as described in Unit II.C.) relating to the hexaBDE
through nonaBDE congeners that are components of the commercial mixture
would be of use to POPRC, and is interested in information in this
regard to inform its decisions and recommendations at POPRC 4.
    2. Pentachlorobenzene (PeCB). At its third meeting of POPRC, it was
noted that there were information gaps in the risk profile regarding
environmental burden caused by intentional use and unintentional
releases of PeCB. It was discussed that the comparison of exposure and
effect data would provide a more complete basis for decisionmaking on
the relative risk posed by a substance and such information is
particularly important with a substance like PeCB that has both
intended uses and unintentional sources. Quantitative data would
provide useful understanding of the toxicity of the chemical and enable
a clearer estimation of the costs and benefits that might be expected
from listing it. Therefore, in addition to seeking information under
the headings listed in Convention Annex F information, POPRC is
seeking:
    i. Information related to environmental burden caused by
intentional use of PeCB.
    ii. Information related to environmental burden caused by
unintentional releases of PeCB.

H. What is the Status of the Chemical at the Risk Profile Stage?

    In accordance with paragraph 7(a) of Article 8 of the Convention
POPRC at its third meeting in November 2007 examined the draft risk
profile for SCCP and considered that the information available was
insufficient to support a decision on the risk profile. Therefore,
POPRC agreed to defer its final decision to its fourth meeting and in
its letter of December 3, 2007, the Secretariat invited Parties and
observers to submit to the Secretariat additional information specified
in Annex E of the Convention, particularly information on toxicity and
ecotoxicity.
    In addition, EPA is interested in receiving other information that
would help support a determination of whether SCCP are likely, as a
result of long-range environmental transport, to lead to significant
adverse human health and/or environmental effects, such that global
action is warranted. In particular, EPA would be interested in
comparisons of toxicity or ecotoxicity data with detected or predicted
levels of the substances resulting or anticipated from long-range
environmental transport.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: December 20, 2007.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E7-25226 Filed 12-27-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Proposed Rules]
[Pages 23527-23529]
[FR Doc No: 2013-09288]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0194; FRL- 9804-7]

Revisions to the Arizona State Implementation Plan, Maricopa
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Maricopa County
Area portion of the Arizona State Implementation Plan (SIP). These
revisions concern particulate matter (PM10) emissions from
fugitive dust sources. We are approving local statutes that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by May 20, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0194, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Robert Marinaro,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Nancy Levin,<PHONE_NUMBER>,
<EMAIL_ADDRESS>EPA Region IX,

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What statutes did the State submit?
    B. Are there other versions of these statutes?
    C. What is the purpose of the submitted statutes?
II. EPA's Evaluation and Action
    A. How is EPA evaluating these statutes?
    B. Do the statutes meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Statutes
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What statutes did the State submit?

    Table 1 lists the statutes addressed by this proposal with the
dates that they were adopted and submitted by the Arizona Department of
Environmental Quality (ADEQ).

                                           Table 1--Submitted Statutes
----------------------------------------------------------------------------------------------------------------
        Local agency                 Statute No.               Statute title          Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ.......................  9-500.04...................  Air Quality Control;          07/02/07        05/25/12
                                                           Definitions.
ADEQ.......................  11-877.....................  Air Quality Control           07/02/07        05/25/12
                                                           Measures.
ADEQ.......................  49-457.01..................  Leaf Blower Use               07/02/07        05/25/12
                                                           Restrictions and
                                                           Training; Leaf Blower
                                                           Equipment Sellers;
                                                           Informational
                                                           Material; Outreach;
                                                           Applicability.
ADEQ.......................  49-474.01..................  Additional Board              07/02/07        05/25/12
                                                           Duties in Vehicle
                                                           Emissions Control
                                                           Areas; Definitions.
ADEQ.......................  49-474.05..................  Dust Control;                 07/02/07        05/25/12
ADEQ.......................  49-474.06..................   Training; Site               07/02/07        05/25/12
                                                           Coordinators.
                                                          Dust Control;
                                                           Subcontractor
                                                           Registration; Fee.
----------------------------------------------------------------------------------------------------------------

    On July 20, 2012 EPA determined that the submittal for Maricopa
County, Statutes: 9-500.04, 11-877, 49-457.01, 49-474.01, 49-474.05,
and 49-474.06 met the completeness criteria in 40 CFR Part 51 Appendix
V, which must be met before formal EPA review.

B. Are there other versions of these statutes?

    There are no previous versions of statutes 9-500.04, 11-877, 49-
457.01, 49-474.01, 49-474.05, and 49-474.06 in the SIP, although ADEQ
adopted these statutes on July 2, 2007. ADEQ submitted them to us on
December 21, 2007; however, they were consequently withdrawn on January
25, 2011 and then resubmitted on May 25, 2012.

C. What is the purpose of the submitted statutes?

    PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions.
    Statute 9-500.04 requires municipalities to stabilize certain
unpaved roads, alleys, and unpaved shoulders. Additionally, it requires
the stabilization of parking and traffic areas and restricts parking
and vehicle use on unpaved or unstabilized vacant lots.
    Statute 11-877 mandates counties to develop, implement, and enforce
air quality control measures that prohibit any person from operating
leaf blowers on any high pollution advisory day except while in vacuum
mode.
    Statute 49-457.01 prohibits the use of leaf blowers to blow
landscape debris into public roadways and limits their use to
stabilized surfaces. It also mandates the County to produce and
distribute materials to educate operators for the purpose of minimizing
entrained dust.
    Statute 49-474.01 requires counties, densely populated areas, and
serious nonattainment areas to stabilize certain unpaved roads,
parking, and traffic areas. Additionally, it restricts parking and
vehicle use on unpaved or unstabilized vacant lots and requires
certified street sweepers.
    Statute 49-474.05 requires counties, densely populated areas, and
serious nonattainment areas to have an air pollution control officer
(APCO) to develop and implement training programs. Additionally, it
requires an on-site dust control coordinator who has full authority to
ensure implementation of dust control measures.
    Statute 49-474.06 requires subcontractors in counties, densely
populated areas, and serious nonattainment areas engaging in dust
generation operations to register with the APCO. The APCO may also
establish registration fees.
    EPA's technical support documents (TSD) have more information about
these statutes.

II. EPA's Evaluation and Action

A. How is EPA evaluating the statutes?

    Generally, SIP measures must be enforceable (see section 110(a) of
the Act) and must not relax existing requirements (see sections 110(l)
and 193).
    Guidance and policy documents that we use to evaluate
enforceability consistently include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations; Clarification to Appendix D of November 24, 1987
Federal Register Notice,'' (Blue Book), notice of availability
published in the May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998
(August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    6. State of Arizona Senate Bill 1552, Adopted July 2, 2007.
    7. A Report of the California Legislature on the Potential
Health and Environmental Impacts of Leaf Blowers, California Air
resources Board, February 2000.

B. Do the statutes meet the evaluation criteria?

    We believe these statutes are consistent with the relevant policy
and guidance regarding enforceability and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Statutes

    The TSDs describe additional revisions that we recommend for the
next time the local agency modifies the statutes but are not currently
the basis for rule disapproval. This is particularly the case with the
leaf blower statutes: 11-877 and 49-457.01.

D. Public Comment and Final Action

    Because EPA believes the submitted statutes fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these statutes into the federally
enforceable SIP.

III. 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve State law
as meeting Federal requirements and does not impose additional
requirements

beyond those imposed by State law. For that reason, this proposed
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 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, this proposed action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 9, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-09288 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 16, 2007 (Volume 72, Number 72)]
[Notices]
[Page 18974-18976]
[DOCID:fr16ap07-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

April 10, 2007.
    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG07-45-000.
    Applicants: Glacial Ridge Wind Power, LLC.
    Description: Glacial Ridge Wind Power, LLC submits an Notice of
Exempt Wholesale Status filing.
    Filed Date: 04/04/2007.
    Accession Number: 20070404-5058.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER94-389-026; ER02-2509-005; ER00-840-006; ER01-
137-004; ER98-1767-009; ER99-2992-006; ER99-3165-006; ER02-1942-005;
ER01-596-004; ER01-2690-008; ER02-77-008; ER00-1780-006; ER99-415-013;
ER01-389-006; ER01-2641-010; ER01-558-009; ER01-557-009; ER01-560-009;
ER01-559-009; ER02-24-008; ER02-26-007; ER02-25-007.
    Applicants: Tenaska Power Services Co.; Kiowa Power Partners, LLC;
Tenaska Alabama Partners, L.P.; Tenaska Alabama II Partners, L.P.;
Tenaska Frontier Parnters, Ltd.; Tenaska Gateway Partners, Ltd.;
Tenaska Georgia Partners, L.P.; Alabama Electric Marketing, LLC;
California Electric Marketing, LLC; New Mexico Electric Marketing, LLC;
Texas Electric Marketing, LLC; Commonwealth Chesapeake Company, LLC;
Calumet Energy Team, LLC; High Desert Power Project, LLC; Holland
Energy, LLC; University Park Energy, LLC; Big Sandy Peaker Plant, LLC;
Wolf Hills Energy, LLC; Armstrong Energy Limited Partnership, LLP;
Pleasants Energy, LLC; Troy Energy, LLC.
    Description: Tenaska Power Services Co., Kiowa Power Partners, et
al. submit a notice of change in status.
    Filed Date: 04/04/2007.
    Accession Number: 20070409-0096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.

    Docket Numbers: ER98-411-014.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Wolverine Power Supply Cooperative, Inc. submits an
amendment to Tariff Revisions in the 2/26/07 Triennial Market Power
Analysis Update.
    Filed Date: 03/08/2007.
    Accession Number: 20070314-0294.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 17, 2007.

    Docket Numbers: ER04-157-019; ER04-714-009.
    Applicants: Fitchburg Gas & Electric Light Company.
    Description: Refund Report of Fitchburg Gas & Electric Light
Company.
    Filed Date: 04/09/2007.
    Accession Number: 20070409-5041.
    Comment Date: 5 p.m. Eastern Time on Monday, April 30, 2007.

    Docket Number: ER05-463-004.
    Applicants: Mendota Hills, LLC.
    Description: Notice of Non-Material Change in Status of Mendota
Hills, LLC.
    Filed Date: 04/09/2007.
    Accession Number: 20070409-5033.
    Comment Date: 5 p.m. Eastern Time on Monday, April 30, 2007.

    Docket Numbers: ER06-451-021; ER06-1467-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc. submits its compliance
filing containing its entire currently Open Access Transmission Tariff,
to become effective 2/1/07.
    Filed Date: 04/02/2007.
    Accession Number: 20070406-0127.
    Comment Date: 5 p.m. Eastern Time on Monday, April 23, 2007.

    Docket Numbers: ER06-1420-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator,
Inc.'s response to FERC's 3/6/07 letter order seeking additional
information with respect to transmission and deliverability studies,
etc.
    Filed Date: 04/05/2007.
    Accession Number: 20070410-0187.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Docket Numbers: ER07-59-003.
    Applicants: Fortis Energy Marketing & Trading GP.
    Description: Fortis Energy Marketing and Trading GP submits notice
of non-material change in status.
    Filed Date: 04/04/2007.
    Accession Number: 20070409-0097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.

    Docket Numbers: ER07-232-002.

    Applicants: Aragonne Wind LLC.
    Description: Notice of Non-Material Change in Status of Aragonne
Wind, LLC.
    Filed Date: 04/09/2007.
    Accession Number: 20070409-5028
    Comment Date: 5 p.m. Eastern Time on Monday, April 30, 2007.

    Docket Numbers: ER07-374-002.
    Applicants: Buena Vista Energy, LLC.
    Description: Notice of Non-Material Change in Status of Buena Vista
Energy, LLC.
    Filed Date: 04/09/2007.
    Accession Number: 20070409-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, April 30, 2007.

    Docket Numbers: ER07-489-002.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits the Tohono
O'Odham Utility Authority EEI Mastor Power Purchase and Sale Agreement
under FERC Electric Tariff, Volume 5 to conform to Order 614.
    Filed Date: 04/05/2007.
    Accession Number: 20070406-0121.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Docket Numbers: ER07-585-001.
    Applicants: Niagara Generation, LLC.
    Description: Niagara Generation, LLC submits the revised market-
based rate tariff to replace the rate tariff that was filed w/FERC on
3/2/07 in connection with its notice of succession.
    Filed Date: 04/04/2007.
    Accession Number: 20070409-0099.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.

    Docket Numbers: ER07-594-000.
    Applicants: Pirin Solutions, Inc.
    Description: Pirin Solutions, Inc submits comments re the pending
application for market based rate authority etc.
    Filed Date: 04/04/2007.
    Accession Number: 20070404-5029.
    Comment Date: 5 p.m. Eastern Time on Monday, April 16, 2007.

    Docket Numbers: ER07-672-000.
    Applicants: Central Hudson Gas & Electric Corp.
    Description: Central Hudson Gas & Electric Corp submits Substitute
Original Service Agreement 922 with City of New York, dated as of 10/
31/06.
    Filed Date: 03/27/2007.
    Accession Number: 20070405-0208.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 17, 2007.

    Docket Numbers: ER07-675-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC submits an executed
interconnection service agreement among PJM, Allegheny Ridge Wind Farm
LLC et al and a notice of cancellation for an interconnection service
agreement etc.
    Filed Date: 03/29/2007.
    Accession Number: 20070402-0038.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 19, 2007.

    Docket Numbers: ER07-694-000.
    Applicants: New England Power Company.
    Description: New England Power Co.'s amendments to Integrated
Facilities Agreement under Schedule III-B of FERC Electric, Original
Volume 1 which provides transmission credits to Narragansett Electric
Co.
    Filed Date: 03/30/2007.
    Accession Number: 20070406-0105.
    Comment Date: 5 p.m. Eastern Time on Friday, April 20, 2007.

    Docket Numbers: ER07-698-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits a Special
Facilities Agreement for the Interconnection of the Trans Bay Project
etc between PG&E and Trans Bay Cable LLC.
    Filed Date: 04/03/2007.
    Accession Number: 20070405-0209.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 24, 2007.

    Docket Numbers: ER07-711-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power, LLC submits revisions to its Open Access
Transmission Tariff to adopt the North American Electric Reliability
Council transmission line loading relief pursuant to FERC's 11/30/06
Order.
    Filed Date: 04/04/2007.
    Accession Number: 20070409-0098.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.

    Docket Numbers: ER07-712-000.
    Applicants: Entegra North America, L.P.
    Description: Entegra North America seeks to cancel its FERC
Electric Tariff, Rate Schedule 1 including authority to sell
electricity at market based rates etc.
    Filed Date: 04/04/2007.
    Accession Number: 20070405-0216.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 25, 2007.

    Docket Numbers: ER07-713-000.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Company submits Second Revised
Sheet 505 of its Open Access Transmission Tariff etc.
    Filed Date: 04/05/2007.
    Accession Number: 20070406-0120.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Docket Numbers: ER07-715-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits a Letter of
Clarification regarding certain terms and conditions of two agreements
entered into with PacifiCorp.
    Filed Date: 04/05/2007.
    Accession Number: 20070410-0162.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Docket Numbers: ER07-716-000.
    Applicants: Mid Continent Area Power Pool.
    Description: Mid-Continent Area Power Pool submits notice that MAPP
Schedule F adopts the NERC's revised TLR procedures pursuant to FERC's
11/30/06 Order.
    Filed Date: 04/05/2007.
    Accession Number: 20070410-0168.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.
    Docket Numbers: ER07-720-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
revisions to its Market Administration and Control Area Services Tariff
and its OATT and on 4/6/07 submit an affidavit with an original
signature.
    Filed Date: 04/05/2007; 04/06/2007.
    Accession Number: 20070410-0167.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES07-30-000.
    Applicants: MidAmerican Energy Company.
    Description: Application of MidAmerican Energy Co for Authorization
to Issue and Sell up to $750 Million of Bonds, Notes, Debentures,
Guarantees or Other Evidences, of Long-Term Indebtedness.
    Filed Date: 04/06/2007.
    Accession Number: 20070406-5060.
    Comment Date: 5 p.m. Eastern Time on Friday, April 27, 2007.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC07-30-000.
    Applicants: Calpine Power L.P., Calpine Island Cogeneration Limited
Partnership.
    Description: Self-Certification of Foreign Utility Company Status
of Calpine Power L.P. and Calpine Island Cogeneration Limited
Partnership.
    Filed Date: 04/05/2007.
    Accession Number: 20070405-5026.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 26, 2007.

    Docket Numbers: FC07-31-000.

    Applicants: Marianas Energy Company, LLC.
    Description: Marianas Energy Company, LLC an indirect subsidiary of
Osaka Gas Energy America Corporation submits notification of self-
certification of foreign utility company status.
    Filed Date: 04/06/2007.
    Accession Number: 20070410-0161.
    Comment Date: 5 p.m. Eastern Time on Friday, April 27, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7113 Filed 4-13-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Page 13154]
[FR Doc No: 2013-04375]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0010]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 31, 2013, the Chessie Logistics Company LLC (CLCY), a
Class III railroad, has petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations. FRA assigned the petition Docket Number
FRA-2013-0010.
    Specifically, CLCY has petitioned for a waiver of compliance from
the requirements of: 49 CFR Sections 223.11, Requirements for existing
locomotives; 231.30, Locomotives used in switching service; 229.47,
Emergency brake valve; 229.115, Slip/slide alarms; 229.125, Headlights
and auxiliary lights; 224.105, Sheeting dimensions and quantity;
224.106, Location of retroreflective sheeting; 229.129, Locomotive
horn; 229.131, Sanders; and 229.135, Event recorders. CLCY seeks this
waiver for its 5TM track mobile, CLCY 106. CLCY employs the track
mobile for yard and industry switching, which is confined to CLCY's
tracks within the J. Emil Anderson & Son, Inc. Industrial Park, located
in Melrose Park, Cook County, IL. CLCY operates on 1.06 miles of track
and 431 feet of siding. It interchanges railcars with the Indiana
Harbor Belt Railroad on a transfer track that is west of Mannheim Road.
CLCY is the sole rail operator on this line and provides rail service
to two shippers. The 5TM track mobile switches, shoves, and pulls all
railcars with their train air brakes cut in to maintain control of all
switching movements. The track mobile will always operate at speeds not
to exceed 10 mph. CLCY will not use a locomotive for these switching
operations.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    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 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 by April 12, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    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 document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on February 21, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-04375 Filed 2-25-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40252-40253]
[DOCID:fr11au09-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60436; File No. SR-NYSE-2009-77]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To
Modify Certain Equity Transaction Fees and Rebates

August 5, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 30, 2009, New York Stock Exchange LLC (the ``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule changes as described in Items I,
II and III below, which items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule changes from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a 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 Exchange proposes to make a number of changes to its schedule
of equity transaction fees and rebates, with effect from August 1,
2009. The text of the proposed rule change is available on the
Exchange's Web site (http://www.nyse.com), at the Exchange's Office of
the Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The NYSE 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
    The Exchange proposes to make a number of changes to its schedule
of equity transaction fees, with effect from August 1, 2009.
    The following are the proposed changes:
     The Exchange is introducing a new pricing tier of $0.0017
per share when taking liquidity from the NYSE for member organizations
which have an average daily trading volume (``ADV'') on the NYSE in the
applicable month of at least 130 million shares, including (i)
providing liquidity of an ADV of at least 30 million shares and (ii) an
ADV of at least 15 million shares total in market at-the-close
(``MOC'') and limit at-the-

close (``LOC'') orders. Member organizations meeting these trading
volume criteria will also qualify for a new pricing tier for MOC and
LOC orders of $0.0006 per share. For transactions in stocks with a
trading price below $1.00, member organizations that qualify for the
new pricing tier will be charged (i) the lesser of 0.3% of the total
dollar value of the transaction and $0.0017 per share when taking
liquidity from the Exchange and (ii) the lesser of 0.3% of the total
dollar value of the transaction or $0.0006 per share for MOC and LOC
orders. The Exchange is setting the volume requirements for these
pricing tiers at the specified levels for August in expectation of the
typical cyclical reduction of trading activity in that month and
intends to increase the volume requirements in September.
     The transaction fee per share for market at-the-close and
limit at-the-close orders will increase from $.0005 to $0.0007 per
share. The $120 trading fee cap per transaction for MOC and LOC orders
will be eliminated.
     Executions at the open, which are currently free of
charge, will be subject to a transaction fee of $0.0005 per share,
subject to a monthly cap of $10,000 per member organization. For
transactions in stocks with a trading price below $1.00, member will be
charged the lesser of 0.3% of the total dollar value of the transaction
and $0.0005 per share for executions at the open, subject to the
$10,000 monthly cap. Executions at the open will continue to be free of
charge for DMMs.
     The transaction fee per share for executions of odd-lots
and the odd-lot portions of partial round lots will increase from
$0.0005 per share to $0.0018 per share.
     The rebate per share paid to Designated Market Makers for
executions of odd-lots and the odd-lot portions of partial round lots
will be increased from $0.0004 per share to $0.0011 per share.
     The per share charge for transactions in stocks with a
price of less than $1.00, which is the lesser of 0.3% of the dollar
value of the transaction or $0.0018 per share, is being moved to the
end of the applicable section of the Price List, as it is a more
logical placement for it. The fee itself is not changing.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 \4\ of the Act in general and furthers
the objectives of Section 6(b)(4) \5\ in particular, in that it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. The Exchange believes that the proposal does not constitute
an inequitable allocation of dues, fees and other charges as all member
organizations will be subject to the same fee structure.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and Rule 19b-4(f)(2) \7\ thereunder.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-77 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2009-77. 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 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 Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2009-77 and should be submitted on or before September 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19184 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P


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