[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Notices]
[Page 57088-57089]
[DOCID:fr17se10-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62896, File No. 4-518]

Joint Industry Plan; Notice of Filing and Order Granting
Temporary Effectiveness of Amendment To Plan Establishing Procedures
Under Rule 605 of Regulation NMS

September 13, 2010.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 of Regulation NMS,\2\ notice is hereby
given that on September 9, 2010, the BATS Y-Exchange, Inc. (``BYX'' or
``Exchange'') submitted to the Securities and Exchange Commission
(``SEC'' or ``Commission'') an amendment to the national market system
plan that establishes procedures under Rule 605

of Regulation NMS (``Joint-SRO Plan'' or ``Plan'').\3\ The amendment
proposes to add BYX as a participant to the Joint-SRO Plan. The
Commission is publishing this notice and order to solicit comments from
interested persons on the proposed Joint-SRO Plan amendment, and to
grant temporary effectiveness to the proposed amendment through January
18, 2011.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ 17 CFR 242.605. On April 12, 2001, the Commission approved a
national market system plan for the purpose of establishing
procedures for market centers to follow in making their monthly
reports available to the public under Rule 11Ac1-5 under the Act (n/
k/a Rule 605 of Regulation NMS). See Securities Exchange Act Release
No. 44177 (April 12, 2001), 66 FR 19814 (April 17, 2001).
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I. Description and Purpose of the Amendment

    The current participants to the Joint-SRO Plan are the American
Stock Exchange LLC, BATS Exchange, Inc., Boston Stock Exchange, Inc.
(n/k/a NASDAQ OMX BX, Inc.), Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., Cincinnati Stock Exchange,
Inc. (n/k/a National Stock Exchange\SM\), EDGA Exchange, Inc., EDGX
Exchange, Inc., International Securities Exchange, LLC, The NASDAQ
Stock Market LLC, National Association of Securities Dealers, Inc. (n/
k/a Financial Industry Regulatory Authority, Inc.), New York Stock
Exchange, Inc. (n/k/a New York Stock Exchange LLC), Pacific Exchange,
Inc. (n/k/a NYSE Arca, Inc.), and Philadelphia Stock Exchange, Inc. (n/
k/a NASDAQ OMX PHLX, Inc.). The proposed amendment would add BYX as a
participant to the Joint-SRO Plan.
    BYX has submitted a signed copy of the Joint-SRO Plan to the
Commission in accordance with the procedures set forth in the Plan
regarding new participants. Section III(b) of the Joint-SRO Plan
provides that a national securities exchange or national securities
association may become a party to the Plan by: (i) Executing a copy of
the Plan, as then in effect (with the only changes being the addition
of the new participant's name in Section 11(a) of the Plan and the new
participant's single-digit code in Section VI(a)(1) of the Plan) and
(ii) submitting such executed plan to the Commission for approval.

II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
Joint-SRO Plan amendment 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 4-518 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 4-518. 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 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 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 4-518 and should be submitted on or before
October 18, 2010.

III. Commission's Findings and Order Granting Accelerated Approval of
Proposed Plan Amendment

    The Commission finds that the proposed Joint-SRO Plan amendment is
consistent with the requirements of the Act and the rules and
regulations thereunder.\4\ Specifically, the Commission believes that
the proposed amendment, which permits BYX to become a participant to
the Joint-SRO Plan, is consistent with the requirements of Section 11A
of the Act, and Rule 608 of Regulation NMS. The Plan establishes
appropriate procedures for market centers to follow in making their
monthly reports required pursuant to Rule 605 of Regulation NMS,
available to the public in a uniform, readily accessible, and usable
electronic format. The proposed amendment to include BYX as a
participant in the Joint-SRO Plan will contribute to the maintenance of
fair and orderly markets and remove impediments to and perfect the
mechanisms of a national market system by facilitating the uniform
public disclosure of order execution information by all market centers.
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    \4\ In approving this proposed Joint-SRO Plan amendment, the
Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
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    The Commission finds good cause to grant temporary effectiveness to
the proposed Joint-SRO Plan amendment, for 120 days, until January 18,
2011. The Commission believes that it is necessary and appropriate in
the public interest, for the maintenance of fair and orderly markets,
to remove impediments to, and perfect mechanisms of, a national market
system to allow BYX to become a participant in the Joint-SRO Plan. On
August 13, 2010, the Commission granted the application of BYX for
registration as a national securities exchange.\5\ One of the
conditions to operation of the BYX Exchange is participation in
national market system plans, including the Joint-SRO Plan.\6\ As a
Plan participant, BYX would have timely information on the Plan
procedures as they are formulated and modified by the participants. The
Commission finds, therefore, that granting temporary effectiveness of
the proposed Joint-SRO Plan amendment is appropriate and consistent
with Section 11A of the Act.\7\
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    \5\ See Securities Exchange Act Release No. 62716 (August 13,
2010), 75 FR 51295 (August 19, 2010).
    \6\ Id. at 51305.
    \7\ 15 U.S.C. 78k-1.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \8\ and
Rule 608 of Regulation NMS,\9\ that the proposed Joint-SRO Plan
amendment is approved for 120 days, through January 18, 2011.
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
    \10\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-23196 Filed 9-16-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Page 33942]
[FR Doc No: 2017-15314]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2017-38]

Petition for Exemption; Summary of Petition Received; Phoenix Air
UNMANNED, LLC

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

ACTION: Notice.

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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 August 10, 2017.

ADDRESSES: Send comments identified by docket number FAA-2014-0692
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, DC20590-0001, 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 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Lirio Liu
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0692.
    Petitioner: Phoenix Air UNMANNED, LLC.
    Section(s) of 14 CFR Affected: 61.23(a) and (c), 61.101(e)(4) and
(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1),
91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).
    Description of Relief Sought: The petitioner, a member of the
Phoenix Air Group family of companies, is seeking an exemption to
commercially operate the Pulse Vapor 65, weighing more than 55 pounds
with payload, for on-demand service to a host of industries and
applications including: Flare stack inspections, utility-power
generation system inspections and patrolling, pipeline inspection and
patrolling, filmmaking, cinematography, videography, precision
agriculture, wildlife and forestry monitoring, aerial surveying,
construction site inspection and monitoring, and public entity support
operations.

[FR Doc. 2017-15314 Filed 7-20-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23839-23841]
[FR Doc No: 2015-09917]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74795; File No. SR-NASDAQ-2015-038]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Postpone Implementation of Changes to Rules 4751(h) and 4754(b)
Relating to the Closing Process

April 23, 2015.
    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 April 13, 2015, 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 I and II below, which Items have been prepared by the Exchange.
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.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to postpone implementation of changes to
Rules 4751(h) and 4754(b) relating to the closing process.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, 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
    NASDAQ is proposing to delay implementation of changes to Rules
4751(h) and 4754(b) relating to the closing process, which are
effective but not yet implemented. On December 16, 2014, the Exchange
filed an immediately effective filing \3\ to amend the processing of
the Closing Cross under Rule 4754(b) to adopt a ``Lockdown Period,''
the point at which NASDAQ will close the order book for participation
in the Closing Cross. The Exchange also amended Rule 4751(h) to
harmonize the processing of Market Hours Day orders \4\ and Good-til-
market close orders \5\ upon initiation of the Lockdown Period.
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    \3\ Securities Exchange Act Release No. 73943 (December 24,
2014), 80 FR 69 (January 2, 2015) (SR-NASDAQ-2014-123).
    \4\ See Rule 4751(h)(6).
    \5\ See Rule 4751(h)(8).
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    The Exchange had originally anticipated implementing the changes in
mid-February 2015, after the expiration of the 30-day operative delay
provided by Rule 19b-4(f)(6)(iii) under the Act.\6\ The Exchange
subsequently extended the period for implementation to Monday, April
13, 2015.\7\
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    \6\ 17 CFR 240.19b-4(f)(6)(iii).
    \7\ Securities Exchange Act Release No. 74342 (February 20,
2015), 81 FR 10562 (February 26, 2015) (SR-NASDAQ-2015-14 [sic]).
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    Based upon the Exchange's final internal pre-implementation
testing, however, the Exchange has determined not to proceed with the
scheduled implementation. Out of an abundance of caution, the Exchange
will instead conduct an additional industry-wide User Acceptance Test
to ensure the proper function of the proposed changes. Upon successful
completion of that test, the Exchange will determine a new
implementation date and provide notice of the new date to the industry.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(5) of the Act,\9\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to 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; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers. The Exchange believes that the changes NASDAQ is making to
Rules 4751(h) and 4754(b) promote consistency and transparency in the
process for handling orders in the closing process. Delaying
implementation of the changes for brief period so that NASDAQ may
implement the changes to its systems necessary to ensure that the
Lockdown Period and processing of Market Hours Day and Good-til-market
close orders are handled in the Closing Cross operate as planned
promotes fair and orderly markets, the protection of investors and the
public interest.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\10\ The Exchange
believes that the proposal is irrelevant to competition because it is
not driven by, and will have no impact on, competition. Specifically,
the proposal is representative of the Exchange's efforts to harmonize
and simplify the processing of orders during the closing process.
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    \10\ 15 U.S.C. 78f(b)(8).
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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

    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 \11\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \12\ 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 did not satisfy this requirement. Nonetheless, the
Commission has waived the pre-filing requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ 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 NASDAQ may
implement the proposed rule change immediately. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because it will allow
NASDAQ the opportunity to conduct further testing to ensure the proper
function of the proposed changes before implementing them. Therefore,
the Commission hereby waives the 30-day operative delay and designates
the proposed rule change to be operative upon filing with the
Commission.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule'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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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_ADDRESS>Please include
File Number SR-NASDAQ-2015-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-038. 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 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 Web site 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 such filing also will be available
for inspection and copying at the principal offices 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-2015-
038, and should be submitted on or before May 20, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-09917 Filed 4-28-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49697-49698]
[FR Doc No: 2017-23235]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0074]

Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that on July 28, 2017, the
Canadian National Railway Company (CN), the Transportation Division of
the International Association of Sheet Metal, Air, Rail, and
Transportation Workers (TD-SMART) and the Brotherhood of Locomotive
Engineers and Trainmen (BLET) collectively petitioned the Federal
Railroad Administration (FRA) for an extension of CN's existing waiver
of compliance from certain provisions of the hours of service laws
contained at Title 49 United States Code (U.S.C.) section 21103(a)(4).
FRA assigned the petition Docket Number FRA-2009-0074.
    CN requested an extension of its existing waiver from the
provisions of 49 U.S.C. 21103(a), which prohibits a train employee from
remaining or going on duty after that employee has initiated an on-duty
period each day for six consecutive days, unless that employee has had
at least 48 consecutive hours off duty at the employee's home terminal.
Specifically, CN, on behalf of its railroad operating subsidiaries
based in the United States, and its unions, seeks a waiver to allow
train employees to initiate an on-duty period each day for 6
consecutive days followed by 24 hours off duty. In support of the
request, CN, BLET, and SMART explained that CN has operated these
schedules of 6 consecutive on-duty periods followed by 24 hours off
duty successfully since 2002. CN, BLET, and SMART indicate that these
schedules have not had an adverse impact on safety.
    CN also provided an analysis of the most current 12-month period of
train-employee on-duty human factor-related accidents and injuries. CN
indicates that its analyses revealed that of the 13 human factor-
related accidents involving CN employees in the preceding 12 months,
none involved employees covered under the waiver working 6 consecutive
days followed by 24 hours off duty.
    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 Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. 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 parties
desire 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 December 11, 2017 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can 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.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/

privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-23235 Filed 10-25-17; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40066-40067]
[DOCID:fr11au09-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0926; Airspace Docket No. 08-AAL-24]
RIN 2120-AA66

Establishment, Revision, and Removal of Area Navigation (RNAV)
Routes; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects errors in the legal descriptions of
several Area Navigation Routes listed in a final rule published in the
Federal Register on July 6, 2009 (74 FR 31845), Airspace Docket No. 08-
AAL-24, FAA Docket No. FAA-2008-0926.

DATES: Effective Date: 0901 UTC, August 27, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On July 6, 2009, a final rule for Airspace Docket No. 08-AAL-24,
FAA Docket No. FAA-2008-0926 was published in the Federal Register (74
FR 31845). This rule revised fourteen RNAV routes, as well as
established new routes, in the State of Alaska. Additionally, the
action removed four existing routes that were no longer required. The
PDN description for T-227 published as ``NDB/DM'' is incorrect; the
correct listing for PDN should be ``NDB/DME''. The ENM description for
route T-228 published as ``ENM'' is incorrect; the correct name for the
description is ``EHM''. In addition, the longitude coordinate listed as
ROCES for route Q-48 published as 143[deg]08'16''W., is incorrect; the
correct longitude coordinate is 144[deg]08'16''W. This action corrects
those errors.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the legal
descriptions for T-227, T-228, and Q48 as published in the Federal
Register on July 6, 2009 (74 FR 31845), and incorporated by reference
in 14 CFR 71.1, are corrected as follows:

Sec.  71.1  [Amended]

* * * * *

T-227 SYA to SCC [Corrected]

SYA.........................  VORTAC..............   (Lat. 52[deg]43'06'' N., long. 174[deg]03'44'' E.)
JANNT.......................  WP..................  (Lat. 52[deg]04'18'' N., long. 178[deg]15'37'' W.)
BAERE.......................  WP..................  (Lat. 52[deg]12'12'' N., long. 176[deg]08'09'' W.)
ALEUT.......................  Fix.................  (Lat. 54[deg]14'17'' N., long. 166[deg]32'52'' W.)
MORDI.......................  Fix.................  (Lat. 54[deg]52'50'' N., long. 165[deg]03'15'' W.)
GENFU.......................  Fix.................  (Lat. 55[deg]23'18'' N., long. 163[deg]06'21'' W.)
BINAL.......................  Fix.................  (Lat. 55[deg]46'00'' N., long. 161[deg]59'56'' W.)
PDN.........................  NDB/DME.............  (Lat. 56[deg]57'15'' N., long. 158[deg]38'51'' W.)
AMOTT.......................  Fix.................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)
ANC.........................  VOR/DME.............  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)
FAI.........................  VORTAC..............  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
SCC.........................  VOR/DME.............  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58''W.)

                                                  * * * * * * *
T-228 EHM to ROCES [Corrected]
EHM.........................  VOR/DME.............  (Lat. 62[deg]47'05'' N., long. 164[deg]29'15'' W.)
RUFVY.......................  WP..................  (Lat. 59[deg]56'34'' N., long. 164[deg]02'04'' W.)
HPB.........................  VOR/DME.............  (Lat. 61[deg]30'52'' N., long. 166[deg]08'04'' W.)
OME.........................  VOR/DME.............  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)
HIKAX.......................  WP..................  (Lat. 65[deg]36'20'' N., long. 165[deg]44'44'' W.)
SHH.........................  NDB.................  (Lat. 66[deg]15'29'' N., long. 166[deg]03'09'' W.)
ECIPI.......................  Fix.................  (Lat. 67[deg]55'48'' N., long. 165[deg]29'58'' W.)
BRW.........................  VOR/DME.............  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
SCC.........................  VOR/DME.............  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)
ROCES.......................  WP..................  (Lat. 70[deg]08'34'' N., long. 144[deg]08'16'' W.)

                                                  * * * * * * *
Q-48 BRW to ROCES [Corrected]

BRW.........................  VOR/DME.............  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
SCC.........................  VOR/DME.............  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)
ROCES.......................  WP..................  (Lat. 70[deg]08'34'' N., long. 144[deg]08'16'' W.)

* * * * *

    Issued in Washington, DC, on August 3, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-19037 Filed 8-10-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Page 4881]
[FR Doc No: 2023-01455]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0081]

Hazardous Materials: Notice of Application for Special Permit;
Extension of Comment Period

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Application for a new special permit (21283-N); extension of
comment period.

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SUMMARY: On December 5, 2022, PHMSA announced a notice to provide
awareness and solicit comments regarding a special permit application
currently under review by PHMSA in consultation with the Federal
Railroad Administration. In this notice, PHMSA is extending the comment
period from January 4, 2023, until February 21, 2023.

DATES: Interested persons are invited to submit comments on or before
February 21, 2023. Comments received after that date will be considered
to the extent practicable.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2022-0081 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200
New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number (PHMSA-2022-0081) for this notice at the beginning of the
comment. All comments will be posted without change to http://www.regulations.gov including any personal information provided. If
sent by mail, comments must be submitted in duplicate. Persons wishing
to receive confirmation of receipt of their comments must include a
self-addressed stamped postcard.
    Docket: To access background documents or comments received, the
dockets are available at http://www.regulations.gov or the DOT's Docket
Operations Office at the above addresses.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments to this notice contain commercial
or financial information that is customarily treated as private, and
that is relevant or responsive to this notice, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPRIETARY.'' PHMSA will treat
such marked submissions as confidential under the Freedom of
Information Act (FOIA).
    Submissions containing CBI should be sent to Tony Gale,
Transportation Specialist, Office of Hazardous Materials Safety, (202)
366-4535, [email protected], PHMSA, East Building, PHH10, 1200 New
Jersey Avenue SE, Washington, DC 20590. Any commentary PHMSA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Tony Gale, Transportation Specialist,
Office of Hazardous Materials, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: On December 5, 2022, PHMSA announced a
notice to provide awareness and solicit comments regarding a special
permit application to authorize the transportation in commerce of
cryogenic ethane in DOT-113C120W9 and DOT-113C120W tank cars via rail
freight.\1\ The notice informed the public that the subject matter of
the special permit--i.e., transportation of cryogenic flammable liquids
in rail tank cars--raises issues similar to the transportation of
Liquefied Natural Gas (LNG) by rail, a matter for which multiple
rulemakings are pending at the agency. PHMSA received five requests to
extend the comment period to allow additional time for interested
persons to prepare comments. In response to those requests, PHMSA is
extending the comment period by 48 days until February 21, 2023. This
extension provides the public additional time to provide extensive
comments on the notice.
---------------------------------------------------------------------------

    \1\ 87 FR 74468 (Dec. 5, 2022).

    Issued in Washington, DC, on January 20, 2023, under authority
delegated in 49 CFR 1.97.
Donald P. Burger,
Chief, General Approvals and Permits Branch.
[FR Doc. 2023-01455 Filed 1-24-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20816-20817]
[FR Doc No: 2012-8301]

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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: EC12-87-000.
    Applicants: Hot Spring Power Company, LLC.
    Description: Application of Hot Spring Power Company, LLC for
Authorization under Section 203 of the Federal Power Act and Request
for Confidential Treatment and Waivers.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5176.
    Comments Due: 5 p.m. ET 5/29/12.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-1373-000.
    Applicants: Motiva Enterprises LLC.
    Description: Motiva Enterprises LLC Market-Based Rate Tariff to be
effective 3/29/2012.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5155.
    Comments Due: 5 p.m. ET 4/18/12.

    Docket Numbers: ER12-1374-000.
    Applicants: New England Power Company.
    Description: Construction Services Agreement with Western
Massachusetts Electric Co. to be effective 12/21/2011.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5158.
    Comments Due: 5 p.m. ET 4/18/12.

    Docket Numbers: ER12-1375-000.
    Applicants: Westar Energy, Inc.
    Description: KEPCo, Revisions to Attachment A--Delivery Points (4/
1/12) to be effective 4/1/2012.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5160.
    Comments Due: 5 p.m. ET 4/18/12.

    Docket Numbers: ER12-1376-000.
    Applicants: Shell Chemical LP.
    Description: Shell Chemical LP Market-Based Rate Tariff to be
effective 3/29/2012.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5161.
    Comments Due: 5 p.m. ET 4/18/12.

    Docket Numbers: ER12-1377-000.
    Applicants: Westar Energy, Inc.
    Description: The City of Wamego, Kansas Wholesale Power Sales
Service to be effective 6/1/2012.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5162.
    Comments Due: 5 p.m. ET 4/18/12.

    Docket Numbers: ER12-1378-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power 2012 Rate Case (Part 1 of 2) to be
effective 6/1/2012.
    Filed Date: 3/28/12.
    Accession Number: 20120328-5163.
    Comments Due: 5 p.m. ET 4/18/12.

    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
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: March 29, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-8301 Filed 4-5-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Proposed Rules]
[Pages 85173-85176]
[FR Doc No: 2016-28193]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 11

[Docket No. RM16-19-000]

Annual Charges for Use of Government Lands in Alaska

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of Inquiry.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
inviting comments on a narrow question related to its current
methodology for calculating annual charges for the use of government
lands under Part 11 of the Commission's regulations--whether regional
per-acre land values based on data published in the National
Agricultural Statistics Service (NASS) Census result in reasonably
accurate land valuations for hydropower lands in Alaska. This Notice of
Inquiry (NOI) will assist the Commission in evaluating an alternative
proposal raised in a petition for rulemaking, which requests that the
Commission use a statewide average per-acre land value for the purposes
of calculating annual charges for use of government lands for
hydropower projects in Alaska.

DATES: Comments on this NOI are due January 24, 2017.

ADDRESSES: Comments, identified by Docket No. RM16-19-000 may be filed
in the following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments see
the Comment Procedures section of this document.

FOR FURTHER INFORMATION CONTACT:

Tara DiJohn (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>Norman Richardson (Technical Information), Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    1. The Federal Power Act (FPA) requires hydropower licensees that
use federal lands to compensate the United States for the use,
occupancy, and enjoyment of its lands.\1\ Since 2013, the Federal
Energy Regulatory Commission (Commission) has used a fee schedule,
based on the U.S. Bureau of Land Management's (BLM) methodology for
calculating rental rates for linear rights of way, to calculate annual
charges for use of federal lands. The Commission's fee schedule
identifies a fee for each county or geographic area, which is the
product of four components: A per-acre land value, an encumbrance
factor, a rate of return, and an annual adjustment factor. The per-acre
land value for a particular county or geographic area is determined
using the average per-acre land values published in the National
Agricultural Statistics Service (NASS) Census.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 803(e)(1) (2012).
---------------------------------------------------------------------------

    2. The Commission is issuing this Notice of Inquiry (NOI) to seek
public and agency comment on a narrow question--whether regional per-
acre land values based on data published in the NASS Census result in
reasonably accurate land valuations for hydropower lands in Alaska. In
particular, the Commission is interested in receiving input on whether,
for the state of Alaska, the use of a statewide average per-acre land
value or the use of regional per-acre land values (as is currently
used) would be preferable to the use of county or geographic area land
values.

I. Background

    3. Section 10(e)(1) of the Federal Power Act (FPA) requires
Commission hydropower licensees using federal lands to:

pay to the United States reasonable annual charges in an amount to
be fixed by the Commission . . . for recompensing [the United
States] for the use, occupancy, and enjoyment of its lands or other
property . . . and in fixing such charges the Commission shall seek
to avoid increasing the price to the consumers of power by such
charges, and any such charges may be adjusted from time to time by
the Commission as conditions may require . . . .\2\
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    \2\ 16 U.S.C. 803(e)(1) (2012) (emphasis added). Section
10(e)(1) also requires licensees to reimburse the United States for
the costs of administering Part I of the FPA. Those charges are
calculated and billed separately from the land use charges, and are
not the subject of this NOI.

    In other words, licensees that use and occupy federal lands for
project purposes must compensate the United States through payment of
an annual fee, to be established by the Commission.\3\
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    \3\ Pursuant to FPA section 17(a), 16 U.S.C. 810(a) (2012), the
fees collected for use of government lands are allocated as follows:
12.5 percent is paid into the Treasury of the United States, 50
percent is paid into the federal reclamation fund, and 37.5 percent
is paid into the treasuries of the states in which particular
projects are located. No part of the fees discussed in this NOI is
used to fund the Commission's operations.
---------------------------------------------------------------------------

    4. The Commission has adopted various methods over the years to
accomplish this statutory directive.\4\ Currently, the Commission uses
a fee schedule method to calculate annual charges for use of government
lands. The Commission adopted this approach

in a final rule issued on January 12, 2013.\5\
---------------------------------------------------------------------------

    \4\ See Annual Charges for Use of Government Lands, Order No.
774, FERC Stats. & Regs. ] 31,341, at PP 3-20 (2013) (cross-
referenced at 142 FERC ] 61,045) (examining the myriad methodologies
the Commission has used or considered for assessing annual charges
for the use of government lands since 1937) (Order No. 774).
    \5\ See generally, Order No. 774.
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A. Order No. 774

    5. In Order No. 774, the Commission adopted a new fee schedule
method for calculating annual charges for use of government lands,
based on BLM's methodology for calculating rental rates for linear
rights of way. Pursuant to section 11.2 of our regulations, the
Commission publishes a fee schedule annually, which identifies per-acre
rental fees by county or geographic area.\6\ To calculate a licensee's
annual charge for use of government lands, the Commission multiplies
the applicable county or geographic area fee identified in the fee
schedule by the number of federal acres reported by that licensee.
---------------------------------------------------------------------------

    \6\ 18 CFR 11.2 (2016). The fee schedule is published annually
as part of Appendix A to Part 11 of the Commission's regulations.
---------------------------------------------------------------------------

    6. The fee schedule identifies a per-acre rental fee broken down by
county or geographic area. The per-acre rental fee for a particular
county or geographic area is calculated by multiplying four components:
(1) An adjusted per-acre land value; (2) an encumbrance factor; (3) a
rate of return; and (4) an annual adjustment factor.
1. Per-Acre Land Value
    7. The first component--the adjusted per-acre land value--is based
on average per-acre land values published in the NASS Census.
Specifically, the per-acre land value is determined by the applicable
county or geographic area ``land and buildings'' category \7\ from the
NASS Census. This per-acre value is then adjusted downward using a
state-specific reduction to remove the value of irrigated lands, plus a
seven percent reduction to remove the value of buildings or other
improvements. The end result being the adjusted per-acre land value.
---------------------------------------------------------------------------

    \7\ The ``land and buildings'' category is a combination of all
land use categories in the NASS Census, including croplands
(irrigated and non-irrigated), pastureland/rangeland, woodland, and
``other'' (roads, ponds, wasteland, and land encumbered by non-
commercial/non-residential buildings).
---------------------------------------------------------------------------

    8. The NASS Census is conducted every five years, with an 18-month
delay before NASS publishes the Census data. The Commission
incorporates another 18-month delay to account for revisions,
consistent with BLM's implementation of its 2008 rule. The Commission's
2011-2015 fee schedules were based on data from the 2007 NASS Census.
The Commission's 2016-2020 fee schedules will be based on data from the
2012 NASS Census, the 2021-2025 fee schedules will be based on data
from the 2017 NASS Census, the 2026-2030 fee schedules will be based on
data from the 2022 NASS Census, and so on. State-specific adjustments
to the per-acre land value are performed in the first year that data
from a new NASS Census are used, and will remain the same until the
subsequent NASS Census data.
2. Per-Acre Land Values for Alaska
    9. Order No. 774 explained that the final rule would adopt BLM's
approach to Alaska per-acre land values by designating lands in Alaska
as part of one of the five NASS Census geographic area identifiers: the
Aleutian Islands Area, the Anchorage Area, the Fairbanks Area, the
Juneau Area, and the Kenai Peninsula Area. Several commenters asserted
that a per-acre statewide value, a category also reported by the NASS
Census, should be assessed for Alaska lands.
    10. Order No. 774 considered the arguments raised in support of a
statewide per-acre value. In particular, several commenters asserted
that regional values for Alaska are inappropriate because Alaska does
not use county designations, the number of farms surveyed for the NASS
Census in the entire state of Alaska is less than the number of farms
surveyed in most counties in the lower-48 states, and certain per-acre
land values near Anchorage and Juneau are very high, resulting in a
substantial increase in annual charges for the use of government lands
by hydropower licensees in these areas. However, the Commission
ultimately concluded that the commenters had not advanced sufficient
explanation for why it was more appropriate to use a statewide value
for Alaska, rather than the smallest NASS Census defined area for
Alaska--the geographic area identifier. Although the Commission
rejected the use of a statewide per-acre land value for Alaska in Order
No. 774, the Commission clarified that it would not use the Anchorage
Area and the Juneau Area to assess annual charges for the use of
government lands ``because these high, urban-based rates would not
reasonably reflect the value of government lands on which hydropower
projects are located.'' \8\ Instead, for purposes of determining a per-
acre land value, the Commission decided to assess the Kenai Peninsula
Area per-acre land value for projects located in the Anchorage Area or
the Juneau Area.
---------------------------------------------------------------------------

    \8\ Order No. 774 at P 45.
---------------------------------------------------------------------------

B. Fiscal Year 2016 Fee Schedule

    11. The Commission used the 2012 NASS Census data to calculate its
fee schedule for the first time in Fiscal Year (FY) 2016. Due to per-
acre land value increases in the 2012 NASS Census data, land rates for
hydropower projects located in certain geographic areas in Alaska
experienced a significant increase when compared to the rates assessed
in FY 2015.

C. Petition for Rulemaking

    12. On June 6, 2016, the Alaska Federal Land Fees Group, comprised
of six hydroelectric licensees with projects in Alaska (Alaska
Group),\9\ petitioned the Commission to conduct a rulemaking to revise
the Commission's method of calculating federal land use charges for
hydropower projects in Alaska.\10\ The Alaska Group's petition focuses
solely on the first component of the Commission's fee schedule--the
adjusted per-acre land value--and requests that the Commission: (1)
Calculate an adjusted statewide average per-acre land value for Alaska;
and (2) apply this adjusted statewide fee to all projects in Alaska,
except those located in the Aleutian Islands area.\11\
---------------------------------------------------------------------------

    \9\ Alaska Electric Light and Power, Bradley Lake Project
Management Committee (on behalf of licensee Alaska Energy
Authority), Chugach Electric Association, the Ketchikan Public
Utilities, Copper Valley Electric Association, and Southeast Alaska
Power Agency.
    \10\ The Commission issued its 2016 federal land use bills on
April 21, 2016. In accordance with section 11.20 of the Commission's
regulations, 18 CFR 11.20 (2016), the members of the Alaska Group
paid their bills under protest, and filed a timely appeal. On June
9, 2016, Commission staff denied the appeal. The Alaska Group
requested rehearing of the denial. Concurrent with the issuance of
this NOI, the Commission is issuing a separate order denying the
Alaska Group's rehearing request.
    \11\ The Alaska Group requests that any project located in the
Aleutian Islands Area would continue to be assessed annual charges
for use of government lands based on a regional per-acre land value.
---------------------------------------------------------------------------

    13. In support of this proposal, the Alaska Group states that due
to the small number of farms (and associated acreage) that contribute
to the data compiled in the NASS Census, there is insufficient data in
any individual Alaska area (with the exception of the Aleutian Islands)
\12\ to produce a fair estimate of land values within that area.
Because there are so few farms outside

of the Aleutian Islands area, the per-acre land values in the other
four areas of Alaska are extremely sensitive to any changes in the
voluntary, self-reported farm data compiled by the NASS Census.
---------------------------------------------------------------------------

    \12\ The Alaska Group contends that because the Aleutian Islands
area contains the greatest amount of farmland in the state (668,016
acres), the NASS Census data for the Aleutian Islands area is
``robust, reliable, and an accurate estimate of fair market value.''
Alaska Group June 6, 2016 Petition for Rulemaking at 18. Therefore,
the Alaska Group requests that the proposed adjusted statewide
average be applied to all hydropower projects in Alaska, except
those projects located in the Aleutian Islands Area.
---------------------------------------------------------------------------

    14. For these reasons, the Alaska Group recommends that an adjusted
statewide average would better reflect the diverse topography of the
state and insulate against land value fluctuations caused by individual
changes in farm data, resulting in a more accurate estimate of fair
market value of federal lands in Alaska.

II. Subject of the Notice of Inquiry

    15. The Commission has employed various methodologies over the
course of its history to determine annual charges for the use of
government lands by hydropower projects. As we previously explained,
the touchstone has been to find an administratively practical
methodology, which results in reasonably accurate land valuations. In
seeking this goal, the methodology has been modified on occasion in
response to concerns such as the cost of administering the methodology
(e.g., rejecting individual appraisals), the administrative burden on
the Commission (e.g., rejecting creation of our own index), and the
accurate collection of fair market value (e.g., implementing updates in
response to the contention that Commission had been under-collecting).
As noted, the Commission currently calculates annual federal land use
charges based on a fee schedule that uses per-acre land values
published in the NASS Census. By doing so, the Commission avoids the
extreme administrative burden of creating its own index of county and
geographic area per-acre land values.
    16. In response to the petition for rulemaking, the Commission is
seeking input on a narrow question related to its current methodology
for calculating annual charges for the use of government lands--whether
regional per-acre land values based on data published in the NASS
Census ``land and buildings category'' result in reasonably accurate
land valuations for hydropower lands in Alaska. Specifically, the
Commission seeks comments on the alternative proposal advanced in the
Alaska Group's petition for rulemaking by posing the following
questions: (1) For the purposes of calculating an adjusted per-acre
value for lands in Alaska, should the Commission use a statewide
average per-acre land value rather than a regional per-acre land value;
(2) if a statewide average per-acre value is preferred, should the
statewide value be applied to (i) all projects in Alaska, or (ii) all
projects in Alaska except those located in the Aleutian Islands Area;
and (3) based on the response to question (2), which of the five
geographic regions of Alaska (the Aleutian Islands Area, the Anchorage
Area, the Fairbanks Area, the Juneau Area, and the Kenai Peninsula
Area) should be included in the calculation of the adjusted statewide
average. Finally, commenters may also submit alternative proposals for
determining a reasonably accurate per-acre value for hydropower lands
in Alaska for our consideration, as long as the proposed calculation is
based on data published in the NASS Census.
    17. In addition to the views of entities subject to annual charge
assessments, and other interested stakeholders, the Commission invites
comments by the federal agencies that manage the lands at issue as to
how they would view reductions in annual charges for lands that they
administer.
    18. During the notice and comment rulemaking that culminated in
Order No. 774, the Commission outlined several major objectives that
guided our consideration of a new annual charges methodology. These
objectives, albeit narrowed in scope to only those hydropower projects
in Alaska, continue to guide our consideration during this process.

A. Uniform Applicability

    19. Any proposed methodology should be uniformly applicable to all
hydropower licensees. This means that the Executive Director should be
able to take the information in the Commission's files showing federal
acreage occupied by individual projects, apply the adopted methodology,
and create an annual charge for the use of government lands for each
licensed project.

B. Cost of Administering Collection of Annual Charges

    20. The administration of any proposed methodology must not impose
exorbitant costs on the Commission. Collection of annual charges and
application of the ultimate methodology should be an annual, routine
ministerial process that requires reasonable, but not overly
burdensome, staff effort.

C. Methodology Not Subject to Review on an Individual Basis

    21. Any proposed methodology, once adopted, should not be subject
to review on an individual case-by-case basis. Licensees will have the
opportunity to challenge computational errors by the Executive Director
in calculating the annual charge or the relevant county land acreage,
but case-by-case challenges to the methodology would add significantly
to the administrative cost and burden of collecting annual charges.

D. Fair Market Value

    22. At times in the Commission's history, it has been determined
that the Commission had not been collecting fair market value for the
use of government lands, which resulted in a substantial under-
collection.\13\ To ensure that the Commission recovers ``reasonable
annual charges,'' any proposed methodology must reflect reasonably
accurate land valuations.
---------------------------------------------------------------------------

    \13\ See Assessment of Charges under the Hydroelectric Program,
DOE/IG Report No. 0219 (September 3, 1986); see also More Efforts
Needed to Recover Costs and Increase Hydropower Charges, U.S.
General Accounting Office Report No. RCED-87-12 (November 1986).
---------------------------------------------------------------------------

E. Avoid Increasing Price to Consumers of Power

    23. In fixing annual charges, we must seek to avoid increasing the
price to consumers of power by such charges. Therefore, any proposed
methodology should provide reasonable, but not excessive, compensation
to the United States for the use of its lands.

III. Comment Procedures

    24. The Commission invites interested persons to submit comments
and other information on the matters, issues, and specific questions
identified in this notice, including any related matters or alternative
proposals that commenters may wish to discuss. Comments are due January
24, 2017. Comments must refer to Docket No. RM16-19-000, and must
include the commenter's name, the organization it represents, if
applicable, and its address.
    25. To facilitate the Commission's review of the comments,
commenters are requested to provide an executive summary of their
position. Commenters are requested to identify each specific question
posed by the Notice of Inquiry that their discussion addresses and to
use appropriate headings. Additional issues the commenters wish to
raise should be identified separately. The commenters should double-
space their comments.
    26. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF

format and not in a scanned format. Commenters filing electronically do
not need to make a paper filing.
    27. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    28. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters are not required to
serve copies of their comments on other commenters.

IV. Document Availability

    29. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    30. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number (excluding the last three digits) in the docket
number field.
    31. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By direction of the Commission.

    Issued: November 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-28193 Filed 11-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16415-16417]
[FR Doc No: 2011-6544]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0494; FRL-8865-9]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1 of Unit II., pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a July 28, 2010, Federal
Register Notice of Receipt of Requests from the registrants listed in
Table 2 of Unit II. to voluntarily cancel these product registrations.
In the July 28, 2010, notice, EPA indicated that it would issue an
order implementing the cancellations, unless the Agency received
substantive comments within the 30-day comment period that would merit
its further review of these requests, or unless the registrants
withdrew their requests. The Agency received a comment on the notice
but it did not merit further review of the requests. Further, the
registrants did not withdraw their requests. Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
cancellations. Any distribution, sale, or use of the products subject
to this cancellation order is permitted only in accordance with the
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective March 23, 2011.

FOR FURTHER INFORMATION CONTACT: Veronica Dutch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
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
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may 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. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0494. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday thru Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What action is the agency taking?

    This notice announces the cancellation, as requested by
registrants, of products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Table 1
of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
         EPA registration No.                Product name                         Chemical name
----------------------------------------------------------------------------------------------------------------
000004-00017.........................  Rotenone 1.0% Dust.....  Cube Resins other than rotenone.
                                                                Rotenone.
000004-00224.........................  Rotenone 5% Insect       Cube Resins other than rotenone.
                                        Control.                Rotenone.
000004-00315.........................  Bonide Liquid Rotenone/  Cube Resins other than rotenone.
                                        Pyrethrins Spray.       Rotenone.
000004-00404.........................  Bonide Garden Rotenone   Rotenone
                                        Dust.                   Cube Resins other than rotenone.

000004-00423.........................  Bonide Rotenone Garden   Cube Resins other than rotenone.
                                        Dust or Spray.          Rotenone.
000270-00275.........................  Equi-Dust..............  Pyrethrins
                                                                Cube Resins other than rotenone.
                                                                Rotenone.
000769-00414.........................  Powdered Cube..........  Rotenone
                                                                Piperonyl butoxide.
                                                                Pyrethrins.
000769-00857.........................  Science Red Arrow        Piperonyl butoxide.
                                        Insect Spray.           Pyrethrins
                                                                Cube Resins other than rotenone.
                                                                Rotenone.
000869-00186.........................  Green Light Rotenone...  Cube Resins other than rotenone.
                                                                Rotenone.
002217-00145.........................  Garden Protector.......  Rotenone
                                                                Cube Resins other than rotenone.
008660-00050.........................  1% Rotenone Garden Dust  Rotenone
                                                                Cube Resins other than rotenone.
028293-00042.........................  Unicorn Ear Mite         Cube Resins other than rotenone.
                                        Control.                Rotenone.
030573-00002.........................  Pyrellin E.C...........  Pyrethrins
                                                                Rotenone
                                                                Cube Resins other than rotenone.
033955-00270.........................  Acme 1% Rotenone Garden  Rotenone
                                        Guard.                  Cube Resins other than rotenone.
034911-00021.........................  Hi-Yield Rotenone 100    Rotenone.
                                        Insecticide Dust.
047000-00026.........................  Pet Dust...............  Cube Resins other than rotenone.
                                                                Rotenone.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in Table 1 of this
unit.

                Table 2--Registrants of Canceled Products
------------------------------------------------------------------------
          EPA company No.                 Company name and  address
------------------------------------------------------------------------
4..................................  Bonide Products, Inc., P.O. Box
                                      1019, Salem, VA 24153-3805.
270................................  Farnam Companies, Inc., 301 West
                                      Osborn Road, Phoenix, AZ 85013.
769................................  Value Gardens Supply, LLC, P.O. Box
                                      585, Saint Joseph, MO 64502.
869................................  Green Light Company, 1600 Riviera
                                      Avenue, Suite 200, Walnut Creek,
                                      CA 94596.
2217...............................  PBI/Gordon Corp., 1217 West 12TH
                                      Street, P.O. Box 014090 Kansas
                                      City, MO 64101-0090.
8660...............................  United Industries Corporation, P.O.
                                      Box 142642, St. Louis, MO 63114-
                                      0642.
28293..............................  Phaeton Corporation, P.O. Box 1019,
                                      Salem, VA 24153.
73305..............................  Wright Webb Corporation, P.O. Box
                                      1572, Fort Myers, FL 33902.
33955..............................  PBI/Gordon Corp, 1217 West 12th
                                      Street, P.O. Box 014090, Kansas
                                      City, MO 64101-0090.
34911..............................  Hi-Yield Chemical Company, 6860 N.
                                      Dallas Pkwy., Suite 200, Plano, TX
                                      75024.
47000..............................  Chem-Tech, LTD., 4515 Fleur Dr.
                                      303, Des Moines, IA
                                      50321.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
of merit in response to the July 28, 2010, Federal Register notice
announcing the Agency's receipt of the requests for voluntary
cancellations of products listed in Table 1 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Table 1 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II. are canceled. The effective date of
the cancellations that are subject of this notice is the date of
publication of this cancellation order in the Federal Register. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit VI.
will be a violation of FIFRA.

V. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register.
    Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of

July 28, 2010, (75 FR 44256) (FRL-8831-7). The comment period closed on
August 27, 2010.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
    Because the Agency has potential risk concerns associated with
these pesticide products identified in Table 1 of Unit II., EPA will
allow registrants to sell and distribute existing stocks of these
products until May 2011. Thereafter, registrants will be prohibited
from selling or distributing the pesticides identified in Table 1 of
Unit II., except for export consistent with FIFRA section 17 or for
proper disposal. Persons other than registrants may sell, distribute,
or use existing stocks of products listed in Table 1 of Unit II. until
May 2011.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 14, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-6544 Filed 3-22-11; 8:45 am]
BILLING CODE 6560-50-P


  	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2006-0915; FRL-          ]

	Approval and Promulgation of Air Quality Implementation Plans;

	West Virginia; Amendments to the Minor New Source Review Program

AGENCY:     Environmental Protection Agency (EPA).

ACTION:     Direct final rule.

SUMMARY:  EPA is taking direct final action to approve revisions to the
West Virginia State Implementation Plan (SIP).  The revisions set forth
the procedures for stationary source reporting and the criteria for
obtaining a permit to construct and operate a new stationary source
which is not a major stationary source.  The rule establishes the
requirements for obtaining an administrative update to an existing
permit, temporary permit or a general permit, and for filling
notifications and maintaining records of changes not otherwise subject
to the permit requirements of this rule.  The rule establishes public
participation requirements as well as procedures for the transfer,
suspension and revocation of permits.  EPA is approving these revisions
to West Virginia’s SIP in accordance with the requirements of the
Clean Air Act.

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  If  EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2006-0915 by one of the following methods:

   HYPERLINK "http://www.regulations.gov"  www.regulations.gov .  Follow
the on-line instructions for submitting comments.

     B.    E-mail<EMAIL_ADDRESS>
     C.    Mail:   EPA-R03-OAR-2006-0915, David Campbell, Chief,
Permits and Technical Assessment Branch, Mailcode 3AP11, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

     D.   Hand Delivery: At the previously-listed EPA Region III
address.  Such deliveries are only accepted during the Docket(s normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2006-0915.  EPA's policy is that all comments received 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 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 www.regulations.gov or
e-mail.  The www.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
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE, Charleston, WV
25304.

FOR FURTHER INFORMATION CONTACT:  Rosemarie Nino,<PHONE_NUMBER>, or by
e-

mail at<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I.	Background

 On September 10, 2003, the West Virginia Department of the
Environmental Protection (WVDEP) submitted a formal revision to its
State Implementation Plan (SIP).  The SIP revision consists of
amendments to West Virginia Legislative Rule 45 CSR 13 issued by the
State of West Virginia on March 6, 2003, and effective June 1, 2003.
The State amended the regulations in order to (1) set forth the
procedures for stationary source reporting and the criteria for
obtaining a permit to construct and operate a new stationary source
which is not a major stationary source and to modify a non-major
stationary source; (2) establishes the requirements for obtaining an
administrative update to an existing permit, temporary permit or a
general permit, and for filling notification and maintaining records of
changes not otherwise subject to the permit requirements of this rule;
and (3) establishes public participation requirements as well as
procedures for the transfer, suspension and revocation of permits.  West
Virginia is seeking approval of these amendments to this rule pursuant
to Sections 110(a)(2)(C) and 112(l) of the Clean Air Act, and 40 CFR
51.160 through 51.164.

II.	Summary of SIP Revision and Program Review

What is being addressed in this document?

West Virginia Legislative Rule 45 CSR 13 is part of the West Virginia
SIP approved by the USEPA to assure attainment and maintenance of
attainment with the national ambient air quality standards (NAAQS).  The
proposed revision were initiated by the West Virginia Department of the
Environment Protection (WVDEP) as part of an effort to streamline the
permitting program by eliminating unnecessary permitting requirements
for insignificant sources, broadening the general permit mechanism,
reducing agency review timeframes for permit action, modifying
applicability thresholds and reducing application fees for general
permits.

B.	What are the program changes that EPA is approving?

The amendments are summarized as follows:

1.	Permitting thresholds for modification and stationary sources have
been revised from six (6) pounds per hour (pph) or more or ten (10) tons
per year (tpy) or more to six (6) pph and ten (10) tpy or more, or more
than 144 pounds per calendar day (ppd) in any regulated air pollutant
(Section 2.17.a) and (Section 2.24.b). WVDEP recognizes that both
thresholds, the 6 pph and l0 tpy and the 144 ppd have the potential to
allow some sources to emit up to 26 tons a year without obtaining a
permit, but WVDEP believes the 144 ppd threshold and the Department’s
authority to prevent “statutory air pollution” will serve as useful
backstops in those relatively uncommon situations.

2.	The de minimis list in Table 45-13B has been expanded to include
additional

commercial and residential maintenance and upkeep activities. (Table
45-13B, Nos. 39 and 40).

3.	WVDEP review times have been shortened from 180 day to 90 days for
Class II

general permit registrations; 180 days to 60 days for temporary permits;
and, 180 days to 45 days for Class I general permits (Section 5.7).
WVDEP will be able to meet the deadlines in this rule.

4.	Revisions to general permit language to expand authority by removing
“facility-

wide” restriction.  Also, a provision for simpler general permits
(Class I) has been added which does not require public notice for each
Class I registration and requires a smaller fee.  WVDEP has added
general permit requirements to Section 5.12.

5.	A revision to provide authority to revise general permit
registrations through

administrative updates. (Section 4.)

6.	A revision to public notice requirements, from a 45-day notice at
draft permit

stage, to a 30-day notice and restored 30-day notice by applicant at
application stage. (Section 8.4.)

7.	A reduction of registration application fees for general permits from
$1,000 to

$250 for Class I and $500 for Class II general permits, with an
exception for “small businesses” applying for Class I general
permits.  Also, an exemption for Class I general permits from the
additional fees for NSPS, NESHAPs, etc. (Section 12.1.)

8.	Revised language which clarifies that commercial display ad and sign

requirements occur contemporaneously with the WVDEP’s legal ad (at
draft permit stage), unless the applicant wishes to place the ad/sign
earlier.  (Section 8.4.a and 8.5.a.)

9.	Various technical revisions to the rule, i.e., changed Director to
Secretary.

III.	Final Action

EPA is approving these amendments to West Virginia 45 CSR 13 – Permits
for Construction, Modification, Relocation and Operation of Stationary
sources of Air Pollutants, Notification Requirements, Administrative
Updates, Temporary Permits, General Permits and Procedures for
Evaluation as a revision to the state’s minor new source review
program.  The amendments are consistent with 40 CFR 51.160 through
51.164 and sections 110 and 112(l) of the Clean Air Act.

EPA is publishing this rule without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comment.  However, in the (Proposed Rules( section of today(s Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on [Insert date 60 days from date of
publication in the Federal Register] without further notice unless EPA
receives adverse comment by [Insert date 30 days from date of
publication in the Federal Register].  If EPA receives adverse comment,
EPA will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect.  EPA will address all
public comments in a subsequent final rule based on the proposed rule.
EPA will not institute a second comment period on this action.  Any
parties interested in commenting must do so at this time. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).   This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (62 FR 19885, April 23,
1997), because it is not economically significant.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.  This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.   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 rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  This action may not be challenged later in proceedings
to enforce its requirements.  (See section 307(b)(2).)  EPA is approving
these amendments to West Virginia 45 CSR 13 – Permits for
Construction, Modification, Relocation and Operation of Stationary
sources of Air Pollutants, Notification Requirements, Administrative
Updates, Temporary Permits, General Permits and Procedures for
Evaluation as a revision to the state’s minor new source review
program.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

January 31, 2007

_________________
__________________________

Dated:                                				James W. Newsom,

                                      				Acting Regional Administrator,

                                      				Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart XX ( West Virginia

2.  In ( 52.2520, the table in paragraph (c) is amended by revising the
entry 45 CSR 13 to read as follows:

( 52.2520  	Identification of plan.

*	*	*	*	*

(c) * * *

	EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation

[Chapter 16(20 or 45 CSR ]

Title/subject

State effective date

EPA approval date

Additional explanation/

citation at 40 CFR ( 52.2565

*    *    *    *    *    *    *

45 CSR 13	Permits for Construction, Modification, Relocation and
Operation of Stationary Sources of Air Pollutants, Notification
Requirements, Administrative Updates, Temporary Permits, General
Permits, and Procedures for Evaluation

Section 45-13-1

	General	6/01/03	[Insert Federal Register publication date] [Insert page
number where the document begins]

	Section 45-13-2	Definitions	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Section 45-13-3	Reporting Requirements for Stationary Sources	6/01/03
[Insert Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-4	Administrative Updates to Existing Permits and General
Permit Registrations	6/01/03	[Insert Federal Register publication date]
[Insert page number where the document begins]	Section Title Changed

Section 45-13-5	Permit Application and Reporting Requirements for
Construction of and Modifications to Stationary Sources.	6/01/03	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-6	Determination of Compliance of Stationary Sources
6/01/03	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Section 45-13-7	Modeling	6/01/03	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Section 45-13-8	Public Review Procedures	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-9	Public Meetings	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Section 45-13-10	Permit Transfer, Suspension, Revocation and
Responsibility	6/01/03	[Insert Federal Register publication date]
[Insert page number where the document begins]

	Section 45-13-11	Temporary Construction or Modification Permits	6/01/03
[Insert Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-12	Permit Application Fees	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-13	Inconsistency Between Rules	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-14	Statutory Air Pollution	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-15	Hazardous Air Pollutants	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Table 45-13A	Potential Emission Rate

	6/01/00	2/28/03

68 FR 9559	(c)(52)

Table 45-13B	De Minimis Sources	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]	Table
Title Change

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