[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68788-68790]
[FR Doc No: 2022-24889]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96282; File No. SR-NASDAQ-2022-059]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Expiration Date of the Temporary Amendments Concerning Video
Conference Hearings

November 9, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 28, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items and II below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as constituting a
``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-4
under the Act,\3\ which renders the proposal effective upon receipt of
this filing by the Commission. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the expiration date of the
temporary amendments in SR-NASDAQ-2020-076 from October 31, 2022, to
January 31, 2023.\4\ The proposed rule change would not make any
changes to the text of the Exchange rules.
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    \4\ If the Exchange seeks to provide additional temporary relief
from the rule requirements identified in this proposed rule change
beyond January 31, 2023, the Exchange will submit a separate rule
filing to further extend the temporary extension of time. The
amended Exchange rules will revert to their original form at the
conclusion of the temporary relief period and any extension thereof.
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    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to continue to harmonize Exchange Rules 1015,
9261, 9524 and 9830 with recent changes by the Financial Industry
Regulatory Authority, Inc. (``FINRA'') to its Rules 1015, 9261, 9524
and 9830 in response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities. The Exchange
originally filed proposed rule change SR-NASDAQ-2020-076, which allows
the Exchange's Office of Hearing Officers (``OHO'') and the Exchange
Review Council (``ERC'') to conduct hearings, on a temporary basis, by
video conference, if warranted by the current COVID-19-related public
health risks posed by an in-person hearing. In July 2022, the Exchange
filed a proposed rule change, SR-NASDAQ-2022-044, to extend the
expiration date of the temporary amendments in SR- NASDAQ-2020-076 from
July 31, 2022, to October 31, 2022.\5\ Due to the continued presence
and uncertainty of COVID-19, the Exchange proposes to extend the
expiration date of the temporary rule amendments in SR-NASDAQ-2020-076
from October 31, 2022, to January 31, 2023.
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    \5\ See Securities Exchange Act Release No. 95436 (August 5,
2022), 87 FR 49624 (August 11, 2022) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2022-044).
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    On November 5, 2020, the Exchange filed, and subsequently extended
to October 31, 2022, SR-NASDAQ-2020-076, to temporarily amend Exchange
Rules 1015, 9261, 9524 and 9830 to grant OHO and the ERC authority \6\
to conduct hearings in connection with appeals of Membership
Application Program decisions, disciplinary actions, eligibility
proceedings and temporary and permanent cease and desist orders by
video conference, if warranted by the COVID-19-related public health
risks posed by an in-person hearing.\7\
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    \6\ For OHO hearings under Exchange Rules 9261 and 9830, the
proposed rule change temporarily grants authority to the Chief or
Deputy Chief Hearing Officer to order that a hearing be conducted by
video conference. For ERC hearings under Exchange Rules 1015 and
9524, this temporary authority is granted to the ERC or relevant
Subcommittee.
    \7\ See Securities Exchange Act Release No. 90390 (November 10,
2020), 85 FR 73302 (November 17, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2020-076); see also
Securities Exchange Act Release No. 90774 (December 22, 2020), 85 FR
86614 (December 30, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2020-092); Securities Exchange
Act Release No. 91763 (May 4, 2021), 86 FR 25055 (May 10, 2021)
(Notice of Filing and Immediate Effectiveness of File No. SR-NASDAQ-
2021-033); Securities Exchange Act Release No. 92911 (September 9,
2021), 86 FR 51395 (September 15, 2021) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2021-067); Securities
Exchange Act Release No. 93852 (December 22, 2021), 86 FR 74201
(December 29, 2021) (Notice of Filing and Immediate Effectiveness of
File No. SR-NASDAQ-2021-104); Securities Exchange Act Release No.
94610 (April 5, 2022), 87 FR 21225 (April 11, 2022) (Notice of
Filing and Immediate Effectiveness of File No. SR-NASDAQ-2022-028);
supra note 5.
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    Although there has been a downward trend in the number of COVID-19
cases since July 2022, the Exchange believes there is a continued need
for temporary relief beyond October 31, 2022. In this regard, the
Exchange notes that COVID-19 still remains a public health concern. For
example, according to the Centers for Disease Control and Prevention
(``CDC''), the 7-day moving average of new deaths from COVID-19 in the
United States during September 2022 ranged from approximately 300 to
500 deaths per day,\8\ and approximately 19 percent of counties in the
United States have a medium or high COVID-19 Community Level based on
the CDC's most recent calculations.\9\ Much

uncertainty also remains as to whether there will be a significant
increase in the number of cases of COVID-19 in the future given the
emergence of new Omicron variants that the CDC currently is tracking
\10\ and the dissimilar vaccination rates (completed primary series and
a first booster dose) throughout the United States.
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    \8\ See CDC, COVID Data Tracker--Trends in Number of COVID-19
Cases and Deaths in the US Reported to CDC, by State/Territory,
https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths_select_00 (last visited Oct. 24, 2022).
    \9\ See CDC, COVID Data Tracker--COVID-19 Integrated County
View, https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels&null= CommunityLevels (last visited Oct. 24,
2022).
    \10\ These new Omicron variants include BA.4.6, BF.7, and
BA.2.75. See CDC, COVID Data Tracker--Variant Proportions, https://covid.cdc.gov/covid-data-tracker/#variant-proportions (last visited
Oct. 24, 2022).
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    As set forth in the previous filings, the Exchange also relies on
COVID-19 data and the guidance issued by public health authorities to
determine whether the current public health risks presented by an in-
person hearing may warrant a hearing by video conference.\11\ Based on
that data and guidance, the Exchange believes that there will be a
continued need for this temporary relief beyond October 31, 2022.
Accordingly, the Exchange proposes to extend the expiration date of the
temporary rule amendments originally set forth in SR-NASDAQ-2020-076
from October 31, 2022, to January 31, 2023. The extension of these
temporary amendments allowing for specified OHO and ERC hearings to
proceed by video conference will allow the Exchange's critical
adjudicatory functions to continue to operate effectively in these
extraordinary circumstances--enabling the Exchange to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets--while also protecting the health and safety of hearing
participants.
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    \11\ As noted in SR-NASDAQ-2020-076, the temporary proposed rule
change grants discretion to OHO and the ERC to order a video
conference hearing. In deciding whether to schedule a hearing by
video conference, OHO and the ERC may consider a variety of other
factors in addition to COVID-19 trends.
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    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so the Exchange can implement the proposed rule
change immediately.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\12\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\13\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by continuing to provide greater harmonization between the
Exchange rules and FINRA rules of similar purpose,\14\ resulting in
less burdensome and more efficient regulatory compliance.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See Securities Exchange Act Release No. 96107 (October 19,
2022), 87 FR 64526 (October 25, 2022) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2022-029).
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    The proposed rule change, which extends the expiration date of the
temporary amendments to the Exchange rules set forth in SR-NASDAQ-2020-
076, will continue to aid the Exchange's efforts to timely conduct
hearings in connection with its core adjudicatory functions. Given that
COVID-19 remains a public health concern and the uncertainty around a
potential spike in cases of the disease, without this relief allowing
OHO and ERC hearings to proceed by video conference, the Exchange might
be required to postpone some or almost all hearings for a significant
period of time. The Exchange must be able to perform its critical
adjudicatory functions to fulfill its statutory obligations to protect
investors and maintain fair and orderly markets. As such, this relief
is essential to the Exchange's ability to fulfill its statutory
obligations and allows hearing participants to avoid the serious COVID-
19-related health and safety risks associated with in-person hearings.
    Among other things, this relief will allow OHO to conduct temporary
cease and desist proceedings by video conference so that the Exchange
can take immediate action to stop ongoing customer harm and will allow
the ERC to timely provide members, disqualified individuals and other
applicants an approval or denial of their applications. As set forth in
detail in SR-NASDAQ-2020-076, this temporary relief allowing OHO and
ERC hearings to proceed by video conference accounts for fair process
considerations and will continue to provide fair process while avoiding
the COVID-19-related public health risks for hearing participants.
Accordingly, the proposed rule change extending this temporary relief
is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the temporary proposed rule
change will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-NASDAQ-2020-076, the proposed rule change is intended solely to
extend temporary relief necessitated by the continued presence of
COVID-19 and the related health and safety risks of conducting in-
person activities. The Exchange believes that the proposed rule change
will prevent unnecessary impediments to its critical adjudicatory
processes and its ability to fulfill its statutory obligations to
protect investors and maintain fair and orderly markets that would
otherwise result if the temporary amendments were to expire on October
31, 2022.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that there is a continued need to extend the temporary relief
because the Exchange believes the COVID-19 related health concerns
necessitating this relief will

continue beyond October 31, 2022.\19\ Importantly, extending the
temporary relief provided in SR-NASDAQ-2020-076 immediately upon filing
and without a 30-day operative delay will allow the Exchange to
continue critical adjudicatory and review processes in a reasonable and
fair manner and meet its critical investor protection goals, while also
following best practices with respect to the health and safety of
hearing participants.\20\ The Commission also notes that this proposal
extends without change the temporary relief previously provided by SR-
NASDAQ-2020-076.\21\ As proposed, the temporary changes would be in
place through January 31, 2023 and the amended rules will revert back
to their original state at the conclusion of the temporary relief
period and, if applicable, any extension thereof.\22\ For these
reasons, the Commission believes that waiver of the 30-day operative
delay for this proposal is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\23\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ See supra Item II.
    \20\ See 87 FR 64526, at 64528-29 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2022-029 would become operative immediately upon filing).
    \21\ See supra note 7.
    \22\ See supra note 4. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond January 31, 2023, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-059 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2022-059. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; 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-NASDAQ-2022-059 and
should be submitted on or before December 7, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-24889 Filed 11-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72675-72676]
[FR Doc No: 2021-27743]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2021-0018]

Petition for Exemption; Summary of Petition Received; Southern
California Edison

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief

from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before January 11, 2022.

ADDRESSES: Send comments identified by docket number FAA-2021-0644
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael McGuire, AIR-621, Federal
Aviation Administration, 10101 Hillwood Pkwy, Fort Worth, TX 76177;
(817) 222-5107; email: [email protected].
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 17, 2021.
Daniel J. Commins,
Manager, Technical Writing Section.

PETITION FOR EXEMPTION

    Docket No.: FAA-2021-0644.
    Petitioner: Southern California Edison.
    Section(s) of 14 CFR Affected: 14 CFR 27.1.
    Description of Relief Sought: Southern California Edison (SCE) is
seeking relief from Sec.  27.1(a), which mandates a maximum gross
weight (MGW) of 7000 lbs. Specifically, SCE is requesting an exemption
from Sec.  27.1(a) to operate the Bell 429 Helicopter up to an MGW of
7,500 lbs. for power grid operations. The 500 lbs. increase would allow
SCE extra capacity for carrying additional fuel, personnel, and
equipment.

[FR Doc. 2021-27743 Filed 12-21-21; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)

FROM:	Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph:<PHONE_NUMBER>
<EMAIL_ADDRESS>
DATE:		17 November 2012

--------------------------------------------------------------------------------
SUBJECT: 	Description of the NPDES Program [DCN 0005]
--------------------------------------------------------------------------------

      As authorized by the Clean Water Act, the NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. For example, NPDES permits control municipal and industrial sources of wastewater pollution. NPDES permits typically require monitoring and reporting, and limit a facility's discharge of specific chemicals, bulk parameters, and flow to ensure the protection of water quality.

      With very few exceptions (e.g., 40 CFR 122.3), point sources require NPDES permit authorization to discharge. The requirement for permit authorization applies to, among other discharges, the discharges from concentrated animal feeding operations that discharge or propose to discharge (40 CFR 122.23), concentrated aquatic animal production facilities (40 CFR 122.24), aquaculture projects (40 CFR 122.25), silviculture (40 CFR 122.27), and certain storm water discharges (40 CFR 122.26, 122.32). NPDES permit authorization is required for discharges from certain municipal separate storm sewer systems (MS4s), storm water discharges associated with industrial activity, and storm water discharges from construction sites with certain acreage thresholds (40 CFR 122.26(c)). Additional storm water discharges also may be designated on a case-by-case basis and required to be authorized under an NPDES permit (40 CFR 122.26(a)(9)).

      In general, facilities are categorized as municipal or non-municipal (a.k.a., "industrial").  In addition, EPA has developed criteria to determine which of the sources should be considered "major" facilities. The distinction was made initially to assist EPA and states in setting priorities for permitting and compliance and enforcement activities. The regulations at 40 CFR 122.2 define major facility as, "any NPDES facility or activity classified as such by the Regional Administrator, or in the case of approved state programs, the Regional Administrator in conjunction with the [s]tate Director." All facilities that are not designated as majors are considered non-major facilities. Through guidance, EPA has established working definitions for POTW and nonmunicipal major facilities. For POTWs, major facilities are those that have a design flow of one million gallons per day or greater or serve a population of 10,000 or more or cause significant water quality impacts. Non-POTW discharges are classified as major facilities on the basis of the number of points accumulated using the NPDES Permit Rating Work Sheet.

      The worksheet evaluates the significance of a facility using several criteria, including toxic pollutant potential, flow volume, and water quality factors such as impairment of the receiving water or proximity of the discharge to coastal waters. Historically, EPA has placed greater priority on major facilities, and has required authorized states to provide more information about the compliance status of these dischargers. Specifically, EPA policy created the expectation that the permitting authority enter DMR information from "major discharges" into one of two EPA databases (PCS or ICIS-NPDES).

      NPDES permit authorization to discharge may be provided under an individual NPDES permit, which is developed after a process initiated by a permit application (40 CFR 122.21), or under a general NPDES permit, which applies to one or more categories of dischargers (e.g., oil and gas extraction facilities, seafood processors).  (40 CFR 122.28(a)(2)). Authorization to discharge under a general NPDES permit typically occurs upon submission of a "notice of intent" (NOI) to be authorized under the permit (40 CFR 122.28(b)(2)), though submission of a notice of intent is not required for certain types of discharges under certain circumstances (40 CFR 122.28(b)(2)(v)).

      NPDES permits may be issued by EPA or by a state, territory, or tribe authorized by EPA to implement the NPDES program. Currently, 46 states and the Virgin Islands have been approved by EPA to administer the NPDES program as well as the general permits program; no tribe is currently approved to administer the NPDES program. States may also receive authorization from EPA to administer the pretreatment program and the biosolids program, two NPDES subprograms. In addition, states may receive approval to regulate federal facilities. Currently, 36 states have been approved by EPA to administer the pretreatment program, 8 states have been approved by EPA to administer the biosolids program, and 42 states and the Virgin Islands have been approved by EPA to regulate federal facilities.  EPA administers the NPDES program in states, territories, and tribes that have not applied for or received approval to implement the program. Under CWA § 402(a)(3), the NPDES permit program administered by EPA is subject to the same terms, conditions, and requirements as apply to a state permit program under CWA § 402(b).

      In the early years of the NPDES program, EPA and the states focused on reducing pollutants from specified large municipal and industrial point sources, also known as major facilities. In order to support development of appropriate permit limits and conditions, issuance of effective permits, compliance monitoring, and appropriate enforcement actions, EPA developed measures to track, on a nationwide basis, the information necessary to measure, evaluate and report on these efforts. Over the last twenty-five years, these efforts to establish significant pollutant controls have resulted in important pollutant discharge reductions from traditional major sources.

      Although large municipal and industrial point sources continue to be significant sources of pollution, analysis has shown that smaller point sources also contribute significant amounts of pollutants to our nation's waters. Nonmajor facilities are generally smaller sources and are often regulated under general permits rather than individual permits. In many cases, nonmajor facilities use pollutant control measures based on operational activities rather than on implementation of pollutant control technologies, which are measured with numeric effluent limits on pollutant discharges. The universe of nonmajor dischargers is very large compared to the number of major dischargers. The universe of nonmajor dischargers also includes some large volume discharges that had not previously been regulated with the same types of individual permits used to regulate discharges from major facilities.

      EPA is moving toward evaluating water pollution issues on a watershed basis, as it has become clear that the nonmajor municipal and industrial dischargers and storm water dischargers in violation may have significant impacts individually or collectively in specific watersheds. The most recent state reports submitted under CWA § 305(b) and compiled by EPA in the National Water Quality Inventory Reports indicate the growing significance and link between these nonmajor sources and impairments in water quality, particularly from precipitation-induced or "wet weather" point sources of pollutants. These sources include discharges of storm water associated with industrial activity including construction, discharges from concentrated animal feeding operations (CAFOs), and overflows from combined sewer systems (CSSs) and sanitary sewer systems (SSSs). Under Section 305(b) of the CWA, states have consistently reported wet weather point sources as contributors of water quality impairment to U.S. surface waters. Storm water discharges may include a variety of pollutants, such as sediment, oil and grease, chemicals, nutrients, metals, and bacteria. Discharges from CAFOs often include nutrients, organic matter, pathogens, and trace metals.  Overflows from combined and separate sanitary sewer systems pose a significant threat to public health and the environment due to high concentrations of bacteria from fecal contamination, as well as disease-causing pathogens. The pollution controls for wet weather sources are often best management practices (BMPs) rather than traditional end-of-pipe controls. These wet weather sources are high priorities for EPA's enforcement and compliance program and have been for over a decade.


[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Proposed Rules]
[Page 19770-19772]
[DOCID:fr11ap08-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27785; Directorate Identifier 2006-NM-267-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier supplemental NPRM for the products
listed above. This action revises the earlier supplemental NPRM by
expanding the scope. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with [certain] EPIC software load[s] * * *. Therefore,
following a possible failure on one FGCS channel during a given
flight, such a failure condition will remain undetected * * *. If
another failure occurs on the second FGCS channel, the result may be
a hardover command by the autopilot.

An unexpected hardover command may cause a sudden roll, pitch, or yaw
movement, which could result in reduced controllability of the
airplane. The proposed AD would require actions that are intended to
address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 6, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27785; Directorate Identifier 2006-NM-267-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 25, 2007 (72 FR 60593). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
    Since that earlier NPRM was issued, we determined that the NPRM
must be

revised to require the terminating action (installing certain Primus
field-loadable software) and to revise the applicability to specify the
software load versions. We have also revised paragraph (f) of this
supplemental NPRM to cite the latest service information discussed
below, and added new paragraph (f)(3) to give credit for use of earlier
revisions of that service information to do the functional check
described in paragraph (f).
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2006-11-02R2 and 2006-11-03R2, both effective
October 30, 2007 (referred to after this as ``the MCAI''). You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-22-0003 and 190-22-0002,
both Revision 01, both dated November 5, 2007. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 98 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $15,680, or $160 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-27785; Directorate Identifier 2006-NM-267-AD.

Comments Due Date

    (a) We must receive comments by May 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes,
certificated in any category, equipped with Primus EPIC software
load version 17.3, 17.4, 17.5, 17.6, or 17.7; and Model ERJ 190-100
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes,
certificated in any category, equipped with Primus EPIC software
load version 4.3, 4.4, 4.5, 4.6, or 4.7.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto
Flight.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
for Model ERJ 170 airplanes states:

    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load 17.3, 17.4, 17.5, 17.6, or 17.7.
Therefore, following a possible failure on one FGCS channel during a
given flight, such a failure condition will remain undetected or
latent in subsequent flights. If another failure occurs on the
second FGCS channel, the result may be a hardover command by the
autopilot.

    The MCAI for Model ERJ 190 airplanes states:

    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on

aircraft equipped with EPIC software load 4.3, 4.4, 4.5, 4.6, or
4.7. Therefore, following a possible failure on one FGCS channel
during a given flight, such a failure condition will remain
undetected or latent in subsequent flights. If another failure
occurs on the second FGCS channel, the result may be a hardover
command by the autopilot.

An unexpected hardover command may cause a sudden roll, pitch, or
yaw movement, which could result in reduced controllability of the
airplane. The MCAI mandates a functional check of the FGCS channels
engagement and installation of an upgrade to the PRIMUS EPIC Field-
Loadable Software. Corrective actions include replacing the actuator
input-output processor, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 300 flight hours after the effective date of this AD,
do a functional check of the FGCS channels engagement, in accordance
with EMBRAER Service Bulletin 170-22-0003 or Service Bulletin 190-
22-0002, both Revision 01, both dated November 5, 2007, as
applicable. Repeat the functional check thereafter at intervals not
to exceed 600 flight hours, until the terminating action described
by paragraph (f)(2) of this AD has been done. If any malfunction of
the FGCS is discovered during any functional check required by this
paragraph, before further flight, do all applicable replacements of
the actuator input-output processor in accordance with the
applicable service bulletin.

    Note 1: For the purpose of this AD, a functional check is: ``A
quantitative check to determine if one or more functions of an item
perform within specified limits.''

    (2) Within 8 months after the effective date of this AD, install
PRIMUS EPIC Field-Loadable Software Version 19.3 or higher, in
accordance with EMBRAER Service Bulletin 170-31-0019, Revision 01,
dated June 25, 2007; or Service Bulletin 190-31-0009, Revision 02,
dated June 29, 2007; as applicable. Doing this installation ends the
repetitive functional checks required by paragraph (f)(1) of this
AD.
    (3) Any functional check done before the effective date of this
AD in accordance with EMBRAER Service Bulletin 170-22-0003 or 190-
22-0002, both dated November 9, 2006, as applicable, is considered
acceptable for compliance with the requirements of paragraph (f)(1)
of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/ or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2006-11-
02R2 and 2006-11-03R2, both effective October 30, 2007; EMBRAER
Service Bulletins 170-22-0003 and 190-22-0002, both Revision 01,
both dated November 5, 2007; EMBRAER Service Bulletin 170-31-0019,
Revision 01, dated June 25, 2007; and EMBRAER Service Bulletin 190-
31-0009, Revision 02, dated June 29, 2007; for related information.

    Issued in Renton, Washington, on April 3, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-7667 Filed 4-10-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 17, 2006 (Volume 71, Number 73)]
[Notices]
[Page 19763]
[DOCID:fr17ap06-109]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549

Extension:
    Rule 19d-2, SEC File No. 270-204 and OMB Control No. 3235-0205.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget
request for extension of the previously approved collection of
information discussed below.
    Rule 19d-2 (17 CFR 240.19d-2) under the Securities Exchange Act of
1934 (the ``Act'') prescribes the form and content of applications to
the Commission by persons desiring stays of final disciplinary
sanctions and summary action of self-regulatory organizations
(``SROs'') for which the Commission is the appropriate regulatory
agency.
    It is estimated that approximately 30 respondents will utilize this
application procedure annually, with a total burden of 90 hours, based
upon past submissions. The staff estimates that the average number of
hours necessary to comply with the requirements of Rule 19d-2 is 3
hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312, or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted to the
Office of Management and Budget within 30 days of this notice.

    Dated: April 6, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6-5689 Filed 4-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Page 20785]
[FR Doc No: 2021-07992]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment To Dispose of 1.93 Acres
of Land at Eastern Slopes Regional Airport, Fryeburg, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comments.

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SUMMARY: Notice is being given that the FAA is considering a request
from the Town of Fryeburg, ME to dispose of 2.0 Acres of land at
Eastern Slopes Regional Airport, Fryeburg ME. The land was the site of
the non-directional beacon located 10.2 nautical miles from the airport
and was decommissioned and removed from the site. The land is no longer
needed for aviation purposes and can be disposed without affecting
future aviation needs of the airport. Ninety percent of the revenue
generated by the disposal will be returned to the FAA and used for
future airport grants.

DATES: Comments must be received on or before May 21, 2021.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION, CONTACT:  Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts
01803. Telephone:<PHONE_NUMBER>.

    Authority:  49 United States Code 47107(h)(2).

    Issued in Burlington, Massachusetts on April 14, 2021.
Julie Seltsam-Wilps,
Deputy Director, ANE-600.
[FR Doc. 2021-07992 Filed 4-20-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42397-42400]
[FR Doc No: 2015-17681]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0396; FRL-9929-95]

Thiabendazole; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for
residues of thiabendazole in or on succulent shelled peas.
    This action is associated with the utilization of a crisis
exemption under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of the pesticide as a seed treatment on
succulent pea seeds. This regulation establishes a maximum permissible
level for residues of thiabendazole in or on this commodity. The time-
limited tolerance expires on December 31, 2018.

DATES: This regulation is effective July 17, 2015. Objections and
requests for hearings must be received on or before September 15, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2015-0396, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2015-0396 in the subject line on the first page of your submission. All
objections and requests for a hearing must be in writing, and must be
received by the Hearing Clerk on or before September 15, 2015.
Addresses for mail and hand delivery of objections and hearing requests
are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2015-0396, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6), 21 U.S.C. 346a(e) and 346a(1)(6), is establishing
a time-limited tolerance for the combined residues of the fungicide
thiabendazole (2-(4-thiazolyl)benzimidazole) and its metabolite
benzimidazole (free and conjugated) in or on pea, succulent shelled at
0.02 parts per million (ppm). This time-limited tolerance expires on
December 31, 2018.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under FIFRA
section 18. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related

time-limited tolerances to set binding precedents for the application
of FFDCA section 408 and the safety standard to other tolerances and
exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance
or an exemption from the requirement of a tolerance on its own
initiative, i.e., without having received any petition from an outside
party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Thiabendazole on Succulent Peas and FFDCA
Tolerances

    The emergency exemption to treat pea seed with thiabendazole was
requested by the State of Idaho (Applicant) because the seed will be
treated in Idaho. However, the seed is being planted in Minnesota,
Illinois, and Wisconsin, where the emergency conditions exist. Pea
growers in these states are faced with a new complex of pea root and
foliar disease pathogens that current cultural practices, varieties,
and seed treatments do not manage. Pea crop failure in commercial
fields has become a severe problem and growers have experienced rapidly
increasing yield losses within the pea production area each year for
several years.
    The Applicant asserts that an emergency condition exists in
accordance with the criteria for approval of an emergency exemption,
and has utilized a crisis exemption under FIFRA section 18 to allow the
use of thiabendazole on as a seed treatment on succulent peas in Idaho
for control of Fusarium and Ascochyta blight in Minnesota, Illinois,
and Wisconsin.
    As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of thiabendazole
in or on succulent peas. In doing so, EPA considered the safety
standard in FFDCA section 408(b)(2), and EPA decided that the necessary
tolerance under FFDCA section 408(l)(6) would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in FFDCA section 408(l)(6). Although
this time-limited tolerance expires on December 31, 2018, under FFDCA
section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerance remaining in or on succulent peas
after that date will not be unlawful, provided the pesticide was
applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by these time-limited tolerances
at the time of that application. EPA will take action to revoke these
time-limited tolerances earlier if any experience with, scientific data
on, or other relevant information on this pesticide indicate that the
residues are not safe.
    Because this time-limited tolerance is being approved under
emergency conditions, EPA has not made any decisions about whether
thiabendazole meets FIFRA's registration requirements for use on
succulent peas or whether permanent tolerances for this use would be
appropriate. Under these circumstances, EPA does not believe that this
time-limited tolerance decision serves as a basis for registration of
thiabendazole by a State for special local needs under FIFRA section
24(c). Nor does this tolerance by itself serve as the authority for
persons in any State other than Idaho to use this pesticide on the
applicable crops under FIFRA section 18 absent the issuance of an
emergency exemption applicable within that State. For additional
information regarding the emergency exemption for thiabendazole,
contact the Agency's Registration Division at the address provided
under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerance for combined residues of the fungicide
thiabendazole (2-(4-thiazolyl)benzimidazole) and its metabolite
benzimidazole (free and conjugated) on succulent shelled peas at 0.02
ppm.
    EPA recently updated its dietary risk assessment in connection with
a Federal Register rule on September 25, 2014 (79 FR 57450) (FRL-9915-
78) establishing permanent tolerances for residues of thiabendazole in
or on multiple commodities, and has evaluated the potential increase in
exposure resulting from the Section 18 emergency exemption use of
thiabendazole on succulent shelled peas (Pisum spp., including English
pea, garden pea, and green pea). Based on the supporting residue
chemistry data, the combined residues of thiabendazole and
benzimidazole in/on succulent shelled peas (Pisum spp., including
English pea, garden pea, and green pea) are estimated at 0.01 ppm
(i.e., \1/2\ limit on quantitation (LOQ) for each analyte) for the
Section 18 emergency exemption use. To estimate the contribution to
drinking water residues resulting from the emergency seed treatment use
on succulent shelled peas, EPA relied on

the drinking water residue estimates for the currently registered seed
treatment use on wheat at 0.20 lbs. active ingredient/acre (ai/A),
which is higher than the 0.083 lbs. ai/A maximum seed treatment use
allowed under the emergency exemption. The addition of the emergency
use on succulent shelled peas and the assumption of 100% of succulent
shelled peas treated did not change the findings of the most recent
dietary exposure and risk assessment which are discussed in the Federal
Register of September 25, 2014. The Agency's exposure and risk
assessment for the emergency use on succulent shelled peas is discussed
in greater detail in ``Section 18 Emergency Exemption for the Use of
Thiabendazole as a Seed Treatment on Succulent Peas in Bonneville and
Latah Counties in Idaho,'' May 14, 2015, available in docket at the
address provided under ADDRESSES.
    Because the Section 18 emergency use of thiabendazole on succulent
shelled peas will result in negligible increases in dietary exposure to
all subgroups relative to the safety findings reached in the September
25, 2014 Federal Register Notice, EPA concludes that there is a
reasonable certainty that no harm will result to the general
population, or to infants and children, from aggregate exposure to
thiabendazole residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Acceptable enforcement analytical methods are available for
thiabendazole and benzimidazole in plant commodities. Four spectrophoto
fluoro metric methods for the determination of thiabendazole are
published in the Pesticide Analytical Manual (PAM) Vol. II, and a high
performance liquid chromatography (HPLC) method with fluorescence
detection (FLD) for the determination of benzimidazole (free and
conjugated) is identified in the U.S. EPA Index of Residue Analytical
Methods under thiabendazole as Study No. 93020.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for thiabendazole in or on the
requested commodity.

VI. Conclusion

    Therefore, a time-limited tolerance is established for residues of
thiabendazole (2-(4-thiazolyl)benzimidazole) and its metabolite
benzimidazole (free and conjugated), calculated as the stoichiometric
equivalent of thiabendazole, in or on pea, succulent shelled at 0.02
ppm. This tolerance expires on December 31, 2018.

VII. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: July 9, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.242, revise paragraph (b) to read as follows:

Sec.  [emsp14]180.242  Thiabendazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances
specified in the following table are established for residues of the
thiabendazole, including its metabolites and degradates, in or on the
specified agricultural commodities, resulting from use of the pesticide
pursuant to FIFRA section 18 emergency exemptions. Compliance with the
tolerance levels specified below is to be determined by measuring only
the sum of thiabendazole (2-(4-thiazolyl)benzimidazole) and its
metabolite benzimidazole (free and conjugated), calculated as the
stoichiometric equivalent of thiabendazole. The tolerances expire on
the date specified in the table.

------------------------------------------------------------------------
                                  Parts per
          Commodity                million          Expiration date
------------------------------------------------------------------------
Pea, succulent shelled.......            0.02  December 31, 2018.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17681 Filed 7-16-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Notices]
[Pages 71411-71412]
[FR Doc No: 2014-28254]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP15-175-000.
    Applicants: Kinetica Energy Express, LLC.
    Description: Tariff Withdrawal per 154.205(a): Withdraw Filing 194.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5002.
    Comments Due: 5 p.m. ET 12/1/14.

    Docket Numbers: RP15-184-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Non-Conforming
Updates: Contracts 100010 & 140415 to be effective 12/19/2014.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5103.
    Comments Due: 5 p.m. ET 12/1/14.

    Docket Numbers: RP15-185-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Compliance filing per 154.203: IDLS Revenue Sharing
Report.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5162.
    Comments Due: 5 p.m. ET 12/1/14.

    Docket Numbers: RP15-186-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) rate filing per 154.204: Vol 2--Non-
Conforming Agreement--Chesapeake Energy Marketing, Inc. to be effective
12/1/2014.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5172.
    Comments Due: 5 p.m. ET 12/1/14.

    Docket Numbers: RP15-187-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmts (QEP 37657 to BP 43484, 43485) to be effective 12/1/2014.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5019.
    Comments Due: 5 p.m. ET 12/2/14.

    Docket Numbers: RP15-188-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Compliance filing per 154.203: Annual Cash-Out Refund
Report.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5028.
    Comments Due: 5 p.m. ET 12/2/14.

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

Filings in Existing Proceedings

    Docket Numbers: RP14-965-001.
    Applicants: Kinetica Energy Express, LLC.
    Description: Compliance filing per 154.203: Kinetica Energy Express
LLC--FERC Gas Tariff--Compliance--Sheet 108 to be effective 10/16/2014.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5004.
    Comments Due: 5 p.m. ET 12/1/14.

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

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 20, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28254 Filed 12-1-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6582-6583]
[FR Doc No: 2014-02239]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-46-000.
    Applicants: MACH Gen, LLC, Millennium Power Partners, L.P., New
Athens Generating Company, LLC, New Harquahala Generating Company, LLC.
    Description: Application for Section 203 Authorization of MACH Gen,
LLC, et al.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5223.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: EC14-47-000.
    Applicants: Verso Paper Corp., Verso Merger Sub Inc., NewPage
Corporation, NewPage Public Utilities.
    Description: Joint Application for Approval under Section 203 of
the Federal Power Act of Verso Paper Corp., et al.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5225.
    Comments Due: 5 p.m. ET 2/14/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-23-000.
    Applicants: Maine GenLead, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Maine GenLead, LLC.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5175.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: EG14-24-000.
    Applicants: Evergreen Wind Power II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Evergreen Wind Power II, LLC.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5176.
    Comments Due: 5 p.m. ET 2/14/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3319-012.
    Applicants: Astoria Energy II LLC.
    Description: Notice of Non-Material Change in Status of Astoria
Energy II LLC.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5210.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER13-1896-004; ER14-870-000; ER14-871-000; ER14-
872-000; ER14-869-000; ER14-868-000; ER14-867-000; ER14-594-001.
    Applicants: AEP Generation Resources Inc., AEP Operating Companies,
AEP Energy Partners, Inc., CSW Energy Services, Inc., CSW Operating
Companies, AEP Retail Energy Partners LLC, AEP Energy, Inc., Ohio Power
Company.
    Description: American Electric Power Service Corporation (AEP
Operating companies) submits work papers of Julie Carey and Ben Ullman
prepared in support of the Notice of Material Change in Status and
Amended Market Based Rate Tariffs.
    Filed Date: 1/23/14.
    Accession Number: 20140124-0022.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-281-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 11-12-13 Credit Clean-up Amendment Att L to be
effective 2/1/2014.
    Filed Date: 11/12/13.
    Accession Number: 20131112-5245.
    Comments Due: 5 p.m. ET 2/6/14.

    Docket Numbers: ER14-829-002.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: Errata to Amendment to SPP Tariff Filing to be
effective 3/1/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5110.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1151-000.
    Applicants: Maine GenLead, LLC.
    Description: Filing of Facilities Use Agreement and Request for
Waivers and Blanket Approval to be effective 3/26/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5152.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1152-000.
    Applicants: Trans-Allegheny Interstate Line Company, Pennsylvania
Electric Company, PJM Interconnection, L.L.C.
    Description: TrAILCo and Penelec submit Original SA No. 3743 and
Request Expedited Review to be effective 2/10/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5168.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1153-000.
    Applicants: Verso Androscoggin Power LLC.
    Description: Androscoggin Power--Application for MBR Authority to
be effective 2/27/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5183.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1154-000.
    Applicants: Verso Bucksport Power LLC.
    Description: Bucksport Power--Application for MBR Authority to be
effective 2/27/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5192.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1155-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Request for Limited Tariff Waiver and Expedited
Commission Action of PJM Interconnection, L.L.C.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5215.
    Comments Due: 5 p.m. ET 2/7/14.

    Docket Numbers: ER14-1156-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: WPSC and Marshfield Letter Agreement to be effective
1/24/2014.
    Filed Date: 1/27/14.
    Accession Number: 20140127-5039.
    Comments Due: 5 p.m. ET 2/18/14.

    Docket Numbers: ER14-1157-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Normal filing schedule no 17 to be effective 3/28/
2014.
    Filed Date: 1/27/14.
    Accession Number: 20140127-5085.
    Comments Due: 5 p.m. ET 2/18/14.

    Docket Numbers: ER14-1158-000.
    Applicants: Wyoming Colorado Intertie, LLC.
    Description: Order No. 764 Compliance Filing to be effective 1/28/
2014.
    Filed Date: 1/27/14.
    Accession Number: 20140127-5091.
    Comments Due: 5 p.m. ET 2/18/14.

    Docket Numbers: ER14-1159-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014--01--27--SA 2524 ITC-DTE ELECTRIC AMENDED GIA
(J235) to be effective 1/28/2014.
    Filed Date: 1/27/14.
    Accession Number: 20140127-5113.
    Comments Due: 5 p.m. ET 2/18/14.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES14-24-000.
    Applicants: Southwestern Electric Power Company.
    Description: Application of Southwestern Electric Power Company
under Section 204 of the Federal Power Act for Authorization to Issue
Securities.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5217.
    Comments Due: 5 p.m. ET 2/14/14.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA13-4-000.
    Applicants: Alabama Electric Marketing, LLC, Astoria Generating
Company, L.P., Big Sandy Peaker Plant, LLC, California Electric
Marketing, LLC, Crete Energy Venture, LLC, CSOLAR IV South, LLC, High
Desert Power Project, LLC, Kiowa Power Partners, LLC, Lincoln
Generating Facility, LLC, New Covert Generating Company, LLC, New
Mexico Electric Marketing, LLC, Rolling Hills Generating, L.L.C.,
Tenaska Alabama Partners, L.P., Tenaska Alabama II Partners, L.P.,
Tenaska Frontier Partners, Ltd., Tenaska Gateway Partners, Ltd.,
Tenaska Georgia Partners, L.P., Tenaska Power Management, LLC, Tenaska
Power Services Co., Tenaska Virginia Partners, L.P., Texas Electric
Marketing, LLC, TPF Generation Holdings, LLC, Wolf Hills Energy, LLC.
    Description: Quarterly Land Acquisition Report of the Tenaska MBR
Sellers.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5207.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: LA13-4-000.
    Applicants: Brayton Point Energy, LLC, Broad River Energy LLC,
Dighton Power, LLC, Elwood Energy LLC, Empire Generating Co, LLC,
EquiPower Resources Management, LLC, Kincaid Generation, L.L.C., Lake
Road Generating Company, L.P., Liberty Electric Power, LLC, MASSPOWER,
Milford Power Company, LLC, Richland-Stryker Generation LLC.
    Description: Quarterly Land Acquisition Report of the ECP MBR
Sellers.
    Filed Date: 1/27/14.
    Accession Number: 20140127-5087.
    Comments Due: 5 p.m. ET 2/18/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 27, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-02239 Filed 2-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 7, 2007 (Volume 72, Number 151)]
[Notices]
[Page 44129-44130]
[DOCID:fr07au07-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC07-1-000]

Mosaic Fertilizer, LLC.; Notice of Filing

July 31, 2007.
    Take notice that on July 26, 2007, Mosaic Fertilizer, LLC. (Mosaic)
filed an appeal from the July 5, 2007 decision of the North American
Electric Reliability Corporation (NERC) to include Mosaic on the NERC
compliance registry within the Florida Reliability Coordinating Council
for the function of generator owner. Mosaic states that it owns or
operates seven electric generating facilities at fertilizer
manufacturing locations each of which is a qualifying facility (QF).
Mosaic asks the Commission to reverse the NERC's inclusion of its QFs
on the compliance registry and to stay the effectiveness of the NERC
decision pending resolution of the appeal by the Commission.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 21, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-15284 Filed 8-6-07; 8:45 am]

BILLING CODE 6717-01-P