[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48387-48391]
[FR Doc No: 2018-20728]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0334; FRL-9984-36--Region 4]

Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate
Transport for the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP)
submissions from Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee addressing the Clean Air
Act (CAA or Act) interstate transport infrastructure SIP requirements
for the 2012 Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards (NAAQS). The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, commonly referred to as
an ``infrastructure SIP.'' EPA is taking final action to approve the
interstate transport portions of these infrastructure SIPs for the
aforementioned states as demonstrating that air emissions in the states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS in any other state.

DATES: This rule will be effective October 25, 2018.

ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R04-OAR-2016-0334. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
Mr. Wong can be reached by telephone at<PHONE_NUMBER> or via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 14, 2012, EPA revised the primary Annual
PM2.5 NAAQS to 12.0 micrograms per cubic meter ([mu]g/m\3\).
See 78 FR 3086 (January 15, 2013). An area meets the standard if the
three-year average of its annual average PM2.5 concentration
(at each monitoring site in the area) is less than or equal to 12.0
[mu]g/m\3\. States were required to submit infrastructure SIP
submissions for the 2012 Annual PM2.5 NAAQS to EPA no later
than December 14, 2015.
    CAA section 110(a)(1) requires states to submit SIP revisions
within three years after promulgation of a new or revised NAAQS in
order to provide for the implementation, maintenance, and enforcement
of the new or revised NAAQS. CAA section 110(a)(2) outlines the
applicable requirements of such SIP submissions, which EPA has
historically referred to as ``infrastructure SIP'' submissions. Section
110(a)(2)

requires states to address basic SIP elements such as monitoring, basic
program requirements (e.g., permitting), and legal authority that are
designed to assure attainment and maintenance of the newly established
or revised NAAQS. Thus, section 110(a)(1) provides the procedural and
timing requirements for infrastructure SIPs, and section 110(a)(2)
lists specific elements that states must meet for the infrastructure
SIP requirements related to a newly established or revised NAAQS. The
contents of an infrastructure SIP submission may vary depending upon
the data and analytical tools available to the state, as well as the
provisions already contained in the state's implementation plan at the
time in which the state develops and submits the submission for a new
or revised NAAQS.
    Section 110(a)(2)(D) has two subsections: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), require plans to prohibit any
source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.\1\
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    \1\ EPA highlighted the statutory requirement to submit
infrastructure SIPs within three years of promulgation of a new
NAAQS in an October 2, 2007, guidance document entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
1997 8-hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' EPA has issued additional guidance documents and
memoranda, including a September 13, 2013, guidance document
entitled ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).''
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    In a notice of proposed rulemaking (NPRM) published on August 9,
2018 (83 FR 39387), EPA proposed to approve the prong 1 and prong 2
portions of infrastructure SIP submissions transmitted under cover
letter by: Alabama (dated December 9, 2015); Florida (dated December
14, 2015); Georgia (dated December 14, 2015); Kentucky (dated February
8, 2016); Mississippi (dated December 8, 2015); North Carolina (dated
December 4, 2015); South Carolina (dated December 14, 2015); and
Tennessee (dated December 16, 2015), as demonstrating that these states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 Annual PM2.5 NAAQS in any other
state.\2\ All other applicable infrastructure SIP requirements for
these SIP submissions have been or will be addressed in separate
rulemakings. The specific details of the SIP submissions and the
rationale for EPA's actions on prongs 1 and 2 are discussed in the
NPRM. Comments on the proposed rulemaking were due on or before August
30, 2018. EPA received three comments that are not relevant to the
proposed actions and one comment in support of the proposed actions.
These comments can be found in the docket for these actions.
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    \2\ EPA notes that the Agency may not have received the
submissions until after the date of the cover letter.
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II. Final Action

    EPA is taking final action to approve the portions of the
infrastructure SIP submissions transmitted under cover letter by:
Alabama (dated December 9, 2015); Florida (dated December 14, 2015);
Georgia (dated December 14, 2015); Kentucky (dated February 8, 2016);
Mississippi (dated December 8, 2015); North Carolina (dated December 4,
2015); South Carolina (dated December 14, 2015); and Tennessee (dated
December 16, 2015) addressing prongs 1 and 2 of section
110(a)(2)(D)(i)(I) for the 2012 Annual PM2.5 NAAQS. EPA is
taking final action to approve section 110(a)(2)(D)(i)(I) for the
aforementioned infrastructure SIP submissions for the 2012 Annual
PM2.5 NAAQS because the submissions are consistent with
section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIPs subject to these actions, with the exception of the South
Carolina SIP, are not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law. With respect to the
South Carolina SIP, EPA notes that the Catawba Indian Nation
Reservation is located within South Carolina, and pursuant to the
Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all
state and local environmental

laws and regulations apply to the Catawba Indian Nation and Reservation
and are fully enforceable by all relevant state and local agencies and
authorities.'' Thus, the South Carolina SIP applies to the Catawba
Reservation; however, because the action related to South Carolina is
not approving any specific rule into the South Carolina SIP, but rather
finding that the State's already approved SIP meets certain CAA
requirements, EPA has determined that there are no substantial direct
effects on the Catawba Indian Nation. EPA has also determined that the
action related to South Carolina's SIP will not impose any substantial
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 26, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Volatile organic compounds.

    Dated: September 13, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Alabama............       12/9/2015  9/25/2018, [Insert   Addressing Prongs 1
 Requirements for the 2012 Annual                                        citation of          and 2 of section
 PM2.5 NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                only.
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Subpart K--Florida

0
3. Section 52.520(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                     State effective     EPA approval     Federal Register
            Provision                      date              date              notice            Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   10/15/2015.........       9/25/2018  [Insert citation of  Addressing Prongs 1
 Requirements for the 2012 Annual                                        publication].        and 2 of section
 PM2.5 NAAQS.                                                                                110(a)(2)(D)(i)(I)
                                                                                only.
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Subpart L--Georgia

0
4. Section 52.570(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.570   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Georgia............      12/14/2015  9/25/2018, [Insert   Addressing Prongs 1
 Requirements for the 2012 Annual                                        citation of          and 2 of section
 PM2.5 NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                only.
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Subpart S--Kentucky

0
5. Section 52.920(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.920   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Kentucky...........        2/8/2016  9/25/2018, [Insert   Addressing Prongs 1
 Requirements for the 2012 Annual                                        citation of          and 2 of section
 PM2.5 NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                only.
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* * * * *

Subpart Z--Mississippi

0
6. Section 52.1270(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.1270   Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Mississippi........       12/8/2015  9/25/2018, [Insert   Addressing Prongs 1
 Requirements for the 2012 Annual                                        citation of          and 2 of section
 PM2.5 NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                only.
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Subpart II--North Carolina

0
7. Section 52.1770(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.1770   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                     State effective     EPA approval     Federal Register
            Provision                      date              date             citation           Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   12/4/2015..........       9/25/2018  [Insert citation of  Addressing Prongs 1
 Requirements for the 2012 Annual                                        publication].        and 2 of section
 PM2.5 NAAQS.                                                                                110(a)(2)(D)(i)(I)
                                                                                only.
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Subpart PP--South Carolina

0
8. Section 52.2120(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

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                                               State
                Provision                 effective date       EPA approval date              Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure              12/14/2015  9/25/2018, [Insert          Addressing Prongs 1 and 2
 Requirements for the 2012 Annual PM2.5                    citation of publication]..  of section
 NAAQS.                                                                                110(a)(2)(D)(i)(I) only.
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Subpart RR--Tennessee

0
9. Section 52.2220(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                        Applicable
    Name of non-regulatory SIP        geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Tennessee..........      11/19/2015  9/25/2018, [Insert   Addressing Prongs 1
 Requirements for the 2012 Annual                                        citation of          and 2 of section
 PM2.5 NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                only.
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[FR Doc. 2018-20728 Filed 9-24-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33270-33271]
[FR Doc No: 2021-13378]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10482-122: Eagle Creek Hydro Power, LLC, Eagle Creek Water
Resources, LLC, Eagle Creek Land Resources, LLC; Project No. 10481-069:
Eagle Creek Hydro Power, LLC, Eagle Creek Water Resources, LLC, Eagle
Creek Land Resources, LLC; Project No. 9690-115: Eagle Creek Hydro
Power, LLC, Eagle Creek Water Resources, LLC, Eagle Creek Land
Resources, LLC]

Notice of Intent To Prepare an Environmental Assessment

    On March 31, 2020, Eagle Creek Hydro Power, LLC, Eagle Creek Water
Resources, LLC, and Eagle Creek Land Resources, LLC (co-licensees
collectively referred to as Eagle Creek) jointly filed an application
for a new license for each of the ``Mongaup River Projects'' consisting
of: (1) The 7.85-megawatt (MW) Swinging Bridge Hydroelectric Project
(Swinging Bridge Project); (2) the 4.0-MW Mongaup Falls Hydroelectric
Project (Mongaup Falls Project); and (3) the 10.8-MW Rio Hydroelectric
Project (Rio Project). The Swinging Bridge Project is located on the
Mongaup River and Black Lake Creek in Sullivan County, New York. The
Mongaup Falls Project is located on the Mongaup River and Black Brook
in Sullivan County, New York. The Rio Project is located on the Mongaup
River in Sullivan and Orange Counties, New York. The projects do not
occupy any federal land.
    In accordance with the Commission's regulations, on January 29,
2021, Commission staff issued a notice that the project was ready for
environmental analysis (REA notice).\1\ Based on the information in the
record, including comments filed on the REA notice and an Offer of
Settlement (Settlement Agreement), filed on May 28, 2021, staff does
not anticipate that licensing the project would constitute a major
federal action significantly affecting the quality of the human
environment. Therefore, staff intends to prepare a multi-project
Environmental Assessment (EA) on the application to license each of the
Mongaup River Projects.
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    \1\ On March 19, 2021, the Commission granted a 59-day extension
of time of the procedural schedule identified in the REA Notice,
setting the deadlines to file comments on the REA Notice and reply
comments as May 28 and July 12, 2021, respectively.
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    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA...................  October 2021.\2\
Comments on EA.........................  November 2021.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Nicholas
Ettema at<PHONE_NUMBER> or<EMAIL_ADDRESS>---------------------------------------------------------------------------

    \2\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Mongaup River Projects. Therefore, in accordance with CEQ's
regulations, the EA must be issued within 1 year of the issuance
date of this notice.

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    Dated: June 14, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-13378 Filed 6-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 41029-41030]
[FR Doc No: 2020-14665]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2322-069]

Brookfield White-Pine Hydro LLC; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2322-069.
    c. Date filed: January 31, 2020.
    d. Applicant: Brookfield White-Pine Hydro, LLC (Brookfield).
    e. Name of Project: Shawmut Hydroelectric Project.
    f. Location: The existing project is located on the Kennebec River
in Kennebec and Somerset Counties, Maine. The project does not affect
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Randy Dorman, 150 Main Street, Lewiston,
Maine 04240;<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    i. FERC Contact: Matt Cutlip, telephone<PHONE_NUMBER>, and email
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Shawmut Project consists of the following constructed
facilities: (1) a 24-foot-high, 1,480-foot-long concrete gravity dam
consisting of: (i) A 380-foot-long overflow section with hinged
flashboards, (ii) a 730-foot-long overflow section with an inflatable
bladder, (iii) 25-foot-wide sluice section; (iv) a non-overflow
section; and (v) a headworks containing 11 headgates that regulate flow
into a forebay; (2) a 1,310-acre impoundment extending about 12 miles
upstream; (3) two powerhouses adjacent to the forebay, separated by a
10-foot-high by 7-foot-wide Tainter gate and a 6-foot-high by 6-foot-
wide deep gate; (4) eight turbine-generating units; (5) a 300-foot-long
tailrace; (6) 250-foot-long generator leads connecting the powerhouses
with a substation; and (7) appurtenant facilities.
    Brookfield operates the project in a run-of-river mode and
implements specific operating procedure to facilitate upstream and
downstream fish passage at the project. Upstream passage for American
eel is provided by a dedicated eel passage facility located adjacent to
one of the powerhouses. There are no constructed upstream anadromous
fishways at the project. Currently anadromous fish are captured and
transported upstream of the Shawmut Project via a fish lift and
transport system at the Lockwood Dam Hydroelectric Project No. 2574,
located about 6 miles downstream. Downstream fish passage for American
eel and anadromous fish at the Shawmut Project is provided via a
combination of routing flows through the project's spillways, turbines,
and downstream fish passage facilities (e.g., deep gate and Tainter
gate between the powerhouses).
    Brookfield proposes to construct and operate a forebay guidance
boom to direct downstream migrating fish to a surface bypass route and
minimize passage through the turbines.
    m. A copy of the application can viewed on the Commission's website
at http://www.ferc.gov using the eLibrary link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title PROTEST,
MOTION TO INTERVENE, COMMENTS, REPLY COMMENTS, RECOMMENDATIONS,
PRELIMINARY TERMS AND CONDITIONS, or PRELIMINARY FISHWAY PRESCRIPTIONS;
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. Procedural Schedule: The application will be processed according

to the following revised Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations,             August 2020.
 preliminary terms and conditions,
 and preliminary fishway
 prescriptions.
Commission issues Draft EA or EIS....  April 2021.
Comments on Draft EA or EIS..........  May 2021.
Modified Terms and Conditions........  July 2021.
Commission Issues Final EA or EIS....  October 2021.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: July 1, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-14665 Filed 7-7-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3885-3888]
[FR Doc No: 2015-01295]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2014-0621; FRL-9921-52-OAR]
RIN 2060-AS38

Protection of Stratospheric Ozone: Extension of the Laboratory
and Analytical Use Exemption for Essential Class I Ozone-Depleting
Substances

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: This rule extends the laboratory and analytical use exemption
for the production and import of class I ozone-depleting substances
through December 31, 2021. The Environmental Protection Agency (EPA) is
taking this action under the Clean Air Act, consistent with a recent
decision of the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer. The exemption allows the production and import
of controlled substances in the United States for laboratory and
analytical uses that have not been already identified by EPA as
nonessential.

DATES: This rule is effective January 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2014-0621. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and is publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20004. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by
telephone:<PHONE_NUMBER>; or by email<EMAIL_ADDRESS>You may
also visit the EPA's Ozone Protection Web site at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric Ozone
Protection regulations, the science of ozone layer depletion, and other
related topics.

SUPPLEMENTARY INFORMATION: Section 553(d) of the Administrative
Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules
may not take effect earlier than 30 days after they are published in
the Federal Register. EPA is issuing this final rule under section
307(d)(1) of the Clean Air Act, which states: ``The provisions of
section 553 through 557 . . . of Title 5 shall not, except as expressly
provided in this section, apply to actions to which this subsection
applies.'' Thus, section 553(d) of the APA does not apply to this rule.
EPA is nevertheless acting consistently with the policies underlying
APA section 553(d) in making this rule effective on January 26, 2015.
APA section 553(d) allows an effective date less than 30 days after
publication for a rule that ``that grants or recognizes an exemption or
relieves a restriction.'' 5 U.S.C. 553(d)(1). Since today's action
grants an exemption for limited laboratory and analytical uses from the
general prohibition on production or import of Class I ozone depleting
substances after their phaseout dates, EPA is making this action
effective immediately upon publication.

I. General Information

A. Does this action apply to me?

    Entities potentially regulated by this action include: (1)
Pharmaceutical preparations manufacturing businesses (NAICS code
325412); (2) medical and diagnostic laboratories (NAICS code 621511);
(3) research and development in the physical, engineering, and life
sciences (NAICS code 54171); and (4) environmental consulting services
(NAICS code 541620). This list is not intended to be exhaustive, but
rather to provide a guide for readers regarding entities likely to be
regulated by this action. To determine whether your facility, company,
business, or organization could be regulated by this action, you should
carefully examine the regulations promulgated at 40 CFR part 82,
subpart A. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section.

II. Extension of the Laboratory and Analytical Use Exemption

    The Montreal Protocol on Substances that Deplete the Ozone Layer
(Montreal Protocol, or Protocol) is the international agreement to
reduce and eventually eliminate the global

production and consumption \1\ of ozone-depleting substances (ODS).
This goal is accomplished through adherence by each country that is a
Party to the Protocol to phaseout schedules for specific controlled
substances. The Protocol established January 1, 1996, as the date by
which the production and import of most substances classified as
``class I controlled substances'' under the Clean Air Act (CAA or
Act)--including chlorofluorocarbons (CFCs), carbon tetrachloride, and
methyl chloroform \2\--were to be phased out in developed countries,
including the United States. The Clean Air Act grants EPA the authority
to implement the Protocol's phaseout schedules in the United States.
Section 604 of the Clean Air Act requires EPA to issue regulations
phasing out production and consumption of class I ODS according to a
prescribed schedule. EPA's phaseout regulations for ODS are codified at
40 CFR part 82, subpart A.
---------------------------------------------------------------------------

    \1\ ``Consumption'' is defined as the amount of a substance
produced in the United States, plus the amount imported into the
United States, minus the amount exported from the United States to
other Parties to the Montreal Protocol (see section 601(6) of the
Clean Air Act).
    \2\ Class I controlled substances are listed at 40 CFR part 82,
subpart A, Appendix A.
---------------------------------------------------------------------------

    The Montreal Protocol provides exemptions that allow for the
continued import and/or production of ODS for specific uses. For most
class I ODS, the Parties may collectively grant exemptions to the ban
on production and import of ODS for uses that they determine to be
``essential.'' For example, with respect to CFCs, Article 2A(4)
provides that the phaseout will apply ``save to the extent that the
Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.'' Similar
language appears in the control provisions for halons (Art. 2B), carbon
tetrachloride (Art. 2D), methyl chloroform (Art. 2E),
hydrobromofluorocarbons (Art. 2G), and chlorobromomethane (Art. 2I). As
defined by Decision IV/25 of the Parties, ``use of a controlled
substance should qualify as `essential' only if: (i) It is necessary
for the health, safety or is critical for the functioning of society
(encompassing cultural and intellectual aspects); and (ii) there are no
available technically and economically feasible alternatives or
substitutes that are acceptable from the standpoint of environment and
health.''
    Decision X/19 under the Montreal Protocol (taken in 1998) allowed a
general exemption for essential laboratory and analytical uses through
December 31, 2005. EPA codified this exemption at 40 CFR part 82,
subpart A. While the Clean Air Act does not specifically provide for
this exemption, EPA determined that an exemption for essential
laboratory and analytical uses was allowable under the Act as a de
minimis exemption. EPA addressed the de minimis exemption in a
regulation issued March 13, 2001 (66 FR 14760).
    Decision X/19 also requested the Montreal Protocol's Technology and
Economic Assessment Panel (TEAP), a group of technical experts from
various Parties, to report annually to the Parties to the Montreal
Protocol on laboratory and analytical procedures that could be
performed without the use of controlled substances. It further stated
that at future Meetings of the Parties (MOPs), the Parties would decide
whether such procedures should no longer be eligible for exemptions.
Based on the TEAP's recommendation, the Parties to the Montreal
Protocol decided in 1999 (Decision XI/15) that the general exemption no
longer applied to the following uses: testing of oil and grease and
total petroleum hydrocarbons in water; testing of tar in road-paving
materials; and forensic finger-printing. EPA incorporated these
exclusions at Appendix G to subpart A of 40 CFR part 82 on February 11,
2002 (67 FR 6352).
    At the 18th MOP, the Parties acknowledged the need for methyl
bromide for laboratory and analytical procedures, and added methyl
bromide to the ODS under the essential laboratory and analytical use
exemption. Decision XVIII/15 outlined specific uses and exclusions for
methyl bromide under the exemption. EPA incorporated specific uses of
methyl bromide in the essential laboratory and analytical use exemption
at Appendix G to subpart A of 40 CFR part 82 on December 27, 2007 (72
FR 73264).
    In November 2009, at the 21st MOP, the Parties in Decision XXI/6
extended the global laboratory and analytical use exemption through
December 31, 2014. Based on this decision, EPA amended the regulation
at 40 CFR 82.8(b) to extend the essential laboratory and analytical use
exemption through December 31, 2014 (76 FR 77909, December 15, 2011).
Decision XXI/6 also notes laboratory and analytical uses of ODS for
which the TEAP and its Chemicals Technical Options Committee (CTOC),
determined that alternative procedures exist. However, the Parties did
not exclude any of those procedures from the exemption for laboratory
and analytical uses.
    In November 2014, the Parties in Decision XXVI/5 extended the
global laboratory and analytical use exemption through December 31,
2021. This final rule extends the laboratory and analytical use
exemption found in 40 CFR 82.8(b) to match the recent international
decision.
    A detailed discussion of the laboratory and analytical uses of ODS
can be found in the regulation issued by EPA on March 13, 2001 (66 FR
14760). That rule also discusses how the controls in place for
laboratory and analytical uses provide adequate assurance that very
little, if any, environmental damage will result from the handling and
disposal of the small amounts of class I ODS used in such applications,
due to the Appendix G requirements for small quantity and high purity.
For example, class I ODS must be sold in cylinders three liters or
smaller or in glass ampoules 10 milliliters or smaller. Since issuing
the original exemption, EPA has not received information that would
suggest a significant environmental effect from this exemption.
    U.S. production and consumption of ODS under the laboratory and
analytical use exemption is on a general decline, indicating that many
users have been able to transition from ozone-depleting substances.
However, certain laboratory procedures continue to require the use of
class I substances in the United States. Because non-ODS replacements
for the class I substances have not been identified for all uses, EPA
is extending this exemption through December 31, 2021.
    EPA received one substantive comment in response to the proposed
rule, which was supportive of extending the exemption through December
31, 2021. The commenter, a manufacturer of ozone-depleting substances
used as solvents under the exemption, agreed that non-ODS replacements
for class I substances have not been identified, and stated that the
low volume of usage of these chemicals and their exclusive use in
professionally managed analytical laboratories means there is very low
risk that environmental damage will occur.
    EPA believes an extension of seven years is warranted, as it is
unlikely that non-ODS replacements will be in place for all laboratory
and analytical uses prior to that time. Decision XXVI/5 encourages
parties to continue to investigate the possibility of replacing ozone-
depleting substances in laboratory and analytical uses. EPA did not
receive comments from standards organizations that continue to use ODS
in their standards or from laboratories that have transitioned to
ozone-safe alternatives. EPA intends to continue to work to investigate
barriers to transitioning from ozone-depleting

substances to alternatives for this limited use.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0170. This action extends but does not modify the
existing exemption from the phaseout of class I ODS.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action provides an otherwise
unavailable benefit to those companies that obtain ozone-depleting
substances under the essential laboratory and analytical use exemption.
We have therefore concluded that this action will relieve regulatory
burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. This action merely
extends the essential laboratory and analytical use exemption from the
1996 and 2005 phaseouts of class I ODS production and consumption until
December 31, 2021.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments, nor does it impose
any enforceable duties on communities of Indian tribal governments.
This action extends the essential laboratory and analytical use
exemption from the 1996 and 2005 phaseouts of class I ODS production
and consumption until December 31, 2021. Thus, Executive Order 13175
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children. A
discussion of this action's health and risk effects are contained in
the direct final rule establishing the De Minimis Exemption for
Laboratory Essential Uses (66 FR 14760; March 13, 2001). The controls
in place for laboratory and analytical uses provide adequate assurance
that very little, if any, environmental impact will result from the
handling and disposal of the small amounts of class I ODS used in such
applications.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income, or
indigenous populations because it does not affect the level of
protection provided to human health or the environment. The controls in
place for laboratory and analytical uses provide adequate assurance
that very little, if any, environmental impact will result from the
handling and disposal of the small amounts of class I ODS used in such
applications.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in the Supplementary Information section of the preamble,
including the basis for that finding.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Imports, Methyl
chloroform, Ozone, Reporting and recordkeeping requirements.

    Dated: January 16, 2015.
Gina McCarthy,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 82 is amended
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7601, 7671-7671q.

0
2. Amend Sec.  82.8 by revising paragraph (b) to read as follows:

Sec.  82.8  Grant of essential use allowances and critical use
allowances.

* * * * *
    (b) A global exemption for class I controlled substances for
essential

laboratory and analytical uses shall be in effect through December 31,
2021, subject to the restrictions in appendix G of this subpart, and
subject to the recordkeeping and reporting requirements at Sec.
82.13(u) through (x). There is no amount specified for this exemption.
* * * * *
[FR Doc. 2015-01295 Filed 1-23-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Rules and Regulations]
[Page 30769-30770]
[DOCID:fr29my08-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30609; Amdt. No 3270]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This Rule establishes, amends, suspends, or revokes STANDARD
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 29, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 29, 2008.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://nfdc.faa.gov to register.
    Additionally, individual SIAP and Takeoff Minimums and ODP copies
may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125).
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14

CFR part 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4,
8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the Associated Takeoff Minimums and ODPs. This
amendment also identifies the airport and its location, the procedure,
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on May 16, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Under Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 3 JUL 2008

Tallahassee/Havana, FL, Tallahassee Commercial, RNAV (GPS) RWY 16,
Orig
Tallahassee/Havana, FL, Tallahassee Commercial, Takeoff Minimums and
Obstacle DP, Orig
Lone Rock, WI, Tri-County Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 4

Effective 31 JUL 2008

Adak Island, AK, Adak, Takeoff Minimums and Obstacle DP, Amdt 2
Bethel, AK, Bethel, ILS OR LOC/DME RWY 19R, Amdt 6
Bethel, AK, Bethel, LOC/DME BC RWY 1L, Amdt 6
Bethel, AK, Bethel, NDB RWY 18, Amdt 8C, CANCELLED
Bethel, AK, Bethel, RNAV (GPS) RWY 1L, Amdt 1
Bethel, AK, Bethel, RNAV (GPS) RWY 1R, Orig
Bethel, AK, Bethel, RNAV (GPS) RWY 19L, Orig
Bethel, AK, Bethel, RNAV (GPS) RWY 19R, Amdt 1
Bethel, AK, Bethel, RNAV (GPS)-A, Amdt 1
Bethel, AK, Bethel, Takeoff Minimums and Obstacle DP, Amdt 3
Bethel, AK, Bethel, VOR RWY 18, Amdt 8C, CANCELLED
Bethel, AK, Bethel, VOR/DME RWY 1L, Amdt 2
Bethel, AK, Bethel, VOR/DME RWY 19R, Amdt 2
Bethel, AK, Bethel, VOR/DME-B, Orig-A, CANCELLED
Cold Bay, AK, Cold Bay, LOC/DME BC RWY 32, Amdt 9
Cold Bay, AK, Cold Bay, RNAV (GPS) RWY 32, Amdt 1
Cold Bay, AK, Cold Bay, Takeoff Minimums and Obstacle DP, Amdt 5
Gulkana, AK, Gulkana, RNAV (GPS) RWY 15, Amdt 2
Gulkana, AK, Gulkana, RNAV (GPS) RWY 33, Amdt 2
Sitka, AK, Sitka Rocky Gutierrez, NDB/DME-B, Amdt 1, CANCELLED
Sitka, AK, Sitka Rocky Gutierrez, VOR-C, Orig, CANCELLED
Sitka, AK, Sitka Rocky Gutierrez, VOR/DME-A, Orig
Siloam Springs, AR, Smith Field, RNAV (GPS) RWY 18, Amdt 1
Orlando, FL, Orlando Sanford Intl, Takeoff Minimums and Obstacle DP,
Amdt 8
Bemidji, MN, Bemidji Regional, ILS OR LOC RWY 31, Amdt 4
Bemidji, MN, Bemidji Regional, Takeoff Minimums and Obstacle DP,
Amdt 3
Casselton, ND, Casselton Robert Miller Rgnl, RNAV (GPS) RWY 13, Amdt
1
Casselton, ND, Casselton Robert Miller Rgnl, RNAV (GPS) RWY 31, Amdt
1
Seward, NE, Seward Muni, GPS RWY 16, Orig-A, CANCELLED
Seward, NE, Seward Muni, GPS RWY 34, Orig-A, CANCELLED
Seward, NE, Seward Muni, RNAV (GPS) RWY 16, Orig
Seward, NE, Seward Muni, RNAV (GPS) RWY 34, Orig
Columbus, OH, Ohio State University, VOR/DME RNAV RWY 27L, Amdt 6D,
CANCELLED
    On May 2, 2008 (73 FR 24171) the FAA published an Amendment in
Docket No. 30604, Amdt 3266 to Part 97 of the Federal Aviation
Regulations under Section 97.33 effective date May 8, 2008 has now
changed to June 5, 2008:
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 6, Amdt 1
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 24, Amdt 1
Smithville, TN, Smithville Muni, Takeoff Minimums and Obstacle DP,
Orig
[FR Doc. E8-11759 Filed 5-28-08; 8:45 am]

BILLING CODE 4910-13-P


Johnd Bachmann 12/ 16/ 2003 04: 48 PM To: Amy_ L._ Farrell@ omb. eop. gov cc: Subject: Resend of afternoon flip of IAQR Per discussion  Includes revisions/ consideration of all comments through 1: 30, as well as many others ( but not all) since. Doesn't include fixes for state number changes.

John Bachmann U. S. EPA C404 04 Research Triangle Park, NC27711 Voice 919 541 5359 Fax 919 541 2464 email Bachmann. JohnD@ epa. gov


[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14777-14778]
[FR Doc No: 2012-6008]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9513-1]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Rick Westlund<PHONE_NUMBER>, or email
at<EMAIL_ADDRESS>and please refer to the appropriate EPA
Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 0155.10; Certification of Pesticide Applicators
(Renewal); 40 CFR parts 152 and 171; was approved on 02/03/2012; OMB
Number 2070-0029; expires on 02/28/2015; Approved with change.
    EPA ICR Number 1856.08; NESHAP for Primary Lead Processing; 40 CFR
part 63 subparts A and TTT; was approved on 02/03/2012; OMB Number
2060-0414; expires on 02/28/2015; Approved without change.
    EPA ICR Number 2372.03; Mandatory Reporting of Greenhouse Gases:
Injection and Geological Sequestration of Carbon Dioxide, Subparts RR
and UU (Technical Correction); 40 CFR part 98, subparts RR and UU; was
approved on 02/06/2012; OMB Number 2060-0649; expires on 12/31/2013;
Approved without change.
    EPA ICR Number 1712.08; NESHAP for Shipbuilding and Ship Repair
Facilities--Surface Coating; 40 CFR part 63 subparts A and II; was
approved on 02/06/2012; OMB Number 2060-0330; expires on 02/28/2015;
Approved without change.
    EPA ICR Number 2130.04; Transportation Conformity Determinations
for Federally Funded and Approved Transportation Plans, Programs, and
Projects (Renewal); 40 CFR part 93 subpart A; was approved on 02/08/
2012; OMB Number 2060-0561; expires on 02/28/2015; Approved without
change.
    EPA ICR Number 1069.10; NSPS for Primary and Secondary Emissions
from Basic Oxygen Furnaces; 40 CFR part 60 subparts A, N and Na; was
approved on 02/13/2012; OMB Number 2060-0029; expires on 02/28/2015;
Approved without change.
    EPA ICR Number 2263.03; NSPS for Petroleum Refineries; 40 CFR part
60 subparts A and Ja; was approved on 02/13/2012; OMB Number 2060-0602;
expires on 02/28/2015; Approved without change.
    EPA ICR Number 1054.11; NSPS for Petroleum Refineries; 40 CFR part
60 subparts A and J; was approved on 02/13/2012; OMB Number 2060-0022;
expires on 02/28/2015; Approved without change.
    EPA ICR Number 1750.06; National Volatile Organic Compound Emission
Standards for Architectural Coatings (Renewal); 40 CFR part 59 subpart
D; was approved on 02/13/2012; OMB Number 2060-0393; expires on 02/28/
2015; Approved without change.
    EPA ICR Number 2394.02; Control of Greenhouse Gas Emissions from
New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards (Final
Rule); 40 CFR parts 86, 523, 534, 535, 1036 and 1037; was approved on
02/17/2012; OMB Number 2060-0678; expires on 02/28/2015; Approved with
change.
    EPA ICR Number 2458.01; Fuel Use Requirements for Great Lakes
Steamships (Direct Final); 40 CFR 1043.95; was approved on 02/21/2012;
OMB Number 2060-0679; expires on 02/28/2015; Approved with change.
    EPA ICR Number 2402.03; Willingness to Pay Survey for Section
316(b) Existing Facilities Cooling Water Intake Structures; was
approved on 02/21/2012; OMB Number 2040-0283; expires on 07/31/2013;
Approved with change.
    EPA ICR Number 1230.31; Prevention of Significant Deterioration and
Nonattainment New Source Review (Burden Transfer from 2060-0609); 40
CFR 49.151-49.175, 51.160-51.166, 52.21--52.24, 40 CFR part 51 Appendix
S; was approved on 02/28/2012; OMB Number 2060-0003; expires on 04/30/
2012; Approved with change.
    EPA ICR Number 2237.03; NESHAP for Gasoline Distribution Bulk

Terminals, Bulk Plants, Pipeline Facilities and Gasoline Dispensing
Facilities; 40 CFR part 63 subpart A, BBBBBB and CCCCCC; was approved
on 02/29/2012; OMB Number 2060-0620; expires on 02/28/2015; Approved
without change.
    EPA ICR Number 0746.08; NSPS for Calciners and Dryers in Mineral
Industries; 40 CFR part 60 subparts A and UUU; was approved on 02/29/
2012; OMB Number 2060-0251; expires on 02/28/2015; Approved without
change.
    EPA ICR Number 2267.03; NESHAP for Iron and Steel Foundries; 40 CFR
part 63 subparts A and ZZZZZ; was approved on 02/29/2012; OMB Number
2060-0605; expires on 02/28/2015; Approved without change.
    EPA ICR Number 0660.11; NSPS for Metal Coil Surface Coating; 40 CFR
part 60 subparts A and TT; was approved on 02/29/2012; OMB Number 2060-
0107; expires on 02/28/2015; Approved without change.
    EPA ICR Number 1557.08; NSPS for Municipal Solid Waste Landfills;
40 CFR part 60 subparts A and WWW; was approved on 02/29/2012; OMB
Number 2060-0220; expires on 02/28/2015; Approved without change.
    EPA ICR Number 1131.10; NSPS for Glass Manufacturing Plants; 40 CFR
part 60 subparts A and CC; was approved on 02/29/2012; OMB Number 2060-
0054; expires on 02/28/2015; Approved without change.
    EPA ICR Number 1597.10; Requirements and Exemptions for Specific
RCRA Wastes (Renewal); 40 CFR 260.23, 40 CFR part 266 subpart N, 40 CFR
273.8, 273.14, 273.15, 273.18, 273.32, 273.34, 273.35, 273.38, 273.39,
273.61, 273.62, 279.10, 279.11, 279.42-279.44, 279.52-279.55, 279.57,
279.63, and 279.82; was approved on 02/29/2012; OMB Number 2050-0145;
expires on 02/28/2015; Approved without change.
    EPA ICR Number 0186.12; NESHAP for Vinyl Chloride; 40 CFR part 61
subparts A and F; was approved on 06/29/2011; OMB Number 2060-0071;
expires on 06/30/2014; Approved without change.
    EPA ICR Number 0661.10; NSPS for Asphalt Processing and Roofing
Manufacturing (Renewal); 40 CFR part 60 subparts A and UU; was approved
on 06/29/2011; OMB Number 2060-0002; expires on 06/30/2014; Approved
without change.
    EPA ICR Number 1125.06; NESHAP for Beryllium Rocket Motor Fuel
Firing (Renewal); 40 CFR part 61 subparts A and D; was approved on 06/
29/2011; OMB Number 2060-0394; expires on 06/30/2014; Approved without
change.

Comment Filed

    EPA ICR Number 2447.01; NESHAP for Primary Aluminum Production; in
40 CFR part 63 subpart LL; OMB filed comment on 02/03/2012.
    EPA ICR Number 2028.07; NESHAP for Industrial, Commercial, and
Institutional Boilers and Process Heaters; in 40 CFR part 63 subparts A
and DDDDD; OMB filed comment on 02/06/2012.
    EPA ICR Number 2427.01; Aircraft Engines--Supplemental Information
Related to Exhaust Emissions (Proposed rule); in 40 CFR 87.42 and
87.46; OMB filed comment on 02/21/2012.

Withdrawn and Continue

    EPA ICR Number 0938.19; General Administrative Requirements for
Assistance Programs (Change to Add RPPR); Withdrawn from OMB on 02/09/
2012.

John Moses,
Director, Collections Strategies Division.
[FR Doc. 2012-6008 Filed 3-12-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Notices]
[Page 13546-13547]
[DOCID:fr13mr08-63]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0150]

Draft Guidance for Industry on Hypertension Indication: Drug
Labeling for Cardiovascular Outcome Claims; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Hypertension
Indication: Drug Labeling for Cardiovascular Outcome Claims.'' This
draft guidance is intended to assist applicants in developing labeling
for cardiovascular outcome claims for drugs that are indicated to treat
hypertension. Because blood pressure control is well established as
beneficial in preventing serious cardiovascular events, FDA believes
that the appropriate use of these drugs can be encouraged by making the
connection between lower blood pressure and improved cardiovascular
outcomes more explicit in labeling. This draft guidance is intended to
recommend standard labeling for antihypertensive drugs except where
differences are clearly supported by clinical data.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
byMay 12, 2008.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993. Send one
self-addressed adhesive label to assist that office in processing your
requests. Submit written comments on the draft guidance to the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. See the SUPPLEMENTARY INFORMATION
section for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Devi Kozeli, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 4183, Silver Spring, MD 20993-0002, 301-
796-1128.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Hypertension Indication: Drug Labeling for Cardiovascular
Outcome Claims.'' On June 15, 2005, the Cardiovascular and Renal Drugs
Advisory Committee met in open public session to discuss class labeling
for cardiovascular outcome claims for drugs that are indicated to treat
hypertension. With few exceptions, current labeling for
antihypertensive drug products only includes the information that these
drugs are indicated to reduce blood pressure; the labeling does not
include information on the clinical benefits related to cardiovascular
outcomes expected from such blood pressure reduction. However, blood
pressure control is well established as beneficial in preventing
serious cardiovascular events, and inadequate treatment of hypertension
is acknowledged as a significant public health problem. The committee
voiced a broad consensus in favor of labeling changes to describe
briefly the clinical benefits related to cardiovascular outcomes
expected from lowering blood pressure with any antihypertensive drug.
The labeling proposed in this draft guidance is consistent with the
advisory committee's recommendations.
    This draft guidance is being made available to afford the public
the opportunity to comment on both the intent of the labeling revisions
and the specific proposed language. This draft guidance is intended to
recommend standard labeling for antihypertensive drugs except where
differences are clearly supported by clinical data. After this guidance
has been finalized, applicants will be encouraged to submit labeling
supplements containing the new language.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on labeling for
cardiovascular outcome claims for drugs indicated to treat
hypertension. It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the

requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Web site transitioned
to the Federal Dockets Management System (FDMS). FDMS is a Government-
wide, electronic docket management system. Electronic submissions will
be accepted by FDA through FDMS only.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/cder/guidance/index.htm or http://
www.fda.gov/ohrms/dockets/default.htm.

    Dated: March 6, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-5083 Filed 3-12-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56748-56749]
[DOCID:fr28se05-198]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-07657]

Issuer Delisting; Notice of Application of American Express
Company To Withdraw Its Common Stock, $.20 Par Value, From Listing and
Registration on the Chicago Stock Exchange, Inc.

September 21, 2005.
    On August 24, 2005, American Express Company, a New York
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.20 par value
(``Security''), from listing and registration on the Chicago Stock
Exchange, Inc. (``CHX'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 781(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    The Board of Directors (``the Board'') of the Issuer approved a
resolution on July 25, 2005 to withdraw the Security from listing on
CHX. The Issuer stated that the following reason factored into the
Board's decision to withdraw the Security from CHX: the staff time and
costs associated with maintaining a listing on regional exchanges has
outweighed the benefits. The Issuer stated in its application that the
Security is listed on the New York Stock Exchange, Inc. (``NYSE'').
    The Issuer stated in its application that it has complied with
applicable rules of CHX by complying with all applicable laws in the
State of New York, the state in which the Issuer is incorporated, and
by providing CHX with the required documents governing the withdrawal
of securities from listing and registration on CHX. The Issuer's
application relates solely to the withdrawal of the Security from
listing on CHX and shall not affect its continued listing on NYSE or
the Boston Stock Exchange, Inc. (``BSE''),\3\ or its obligation to be
registered under Section 12(b) of the Act.\4\
---------------------------------------------------------------------------

    \3\ On August 24, 2005, the Issuer filed an application with the
Commission to withdraw the Security from listing and registration on
BSE. Notice of such application will be published separately.
    \4\ 15 U.S.C. 781(b).
---------------------------------------------------------------------------

    Any interested person may, on or before October 11, 2005 comment on
the facts bearing upon whether the application has been made in
accordance with the rules of CHX, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

     Send an e-mail to<EMAIL_ADDRESS>Please include
the File Number 1-07657 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number 1-07657. This file
number should be included on the subject line if e-mail is used. To
help us 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/delist.shtml
). Comments are also available for public inspection and

copying in the Commission's Public Reference Room. All comments
received will be posted without change; we do not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5305 Filed 9-27-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Notices]
[Page 29601]
[DOCID:fr26my10-104]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary: Notice of Applications for Certificates
of Public Convenience and Necessity and Foreign Air Carrier Permits

    Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(formerly Subpart Q) during the Week Ending May 15, 2010. The following
Applications for Certificates of Public Convenience and Necessity and
Foreign Air Carrier Permits were filed under Subpart B (formerly
Subpart Q) of the Department of Transportation's Procedural Regulations
(See 14 CFR 301.201 et seq.). The due date for Answers, Conforming
Applications, or Motions to Modify Scope are set forth below for each
application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.

    Docket Number: DOT-OST-2010-0125.
    Date Filed: May 11, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: June 1, 2010.
    Description: Application of Carlsbad-Palomar Airlines, Inc.
requesting a certificate of public convenience and necessity to engage
in foreign scheduled air transportation of persons, property, cargo and
mail.

    Docket Number: DOT-OST-2005-22228.
    Date Filed: May 12, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: June 2, 2010.
    Description: Application of Pinnacle Airlines, Inc. requesting an
exemption to authorize Pinnacle to engage in scheduled foreign air
transportation of persons, property and mail between Detroit, Michigan
and Monterrey, Mexico. Pinnacle also requests an amendment to its
experimental certificate of public convenience and necessity for Route
897 under streamlining regulatory procedures.

    Docket Number: DOT-OST-2010-0131.
    Date Filed: May 14, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: June 4, 2010.
    Description: Application of Aegean Airlines Societe Anonyme d/b/a
Aegean Airlines S.A. requesting a foreign air carrier permit and
corresponding exemption authority to the full extent authorized by the
Air Transport Agreement by the United States and the European Community
and its Member States to enable it to engage in: (i) Foreign scheduled
and charter air transportation of persons, property and mail from any
point or points behind and Member State of the of the European Union
via any point or points in any Member State and via intermediate points
to any point or points in the United States and beyond; (ii) foreign
scheduled and charter air transportation of persons, property and mail
between any point or points in the United states and any point or
points in any member of the European Common Aviation Area (``ECAA'');
(iii) other charters pursuant to the prior approval requirements; and
(iv) transportation authorized by and additional route rights made
available to European Community carriers in the future.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations Altenate Federal
Register Liaison.
[FR Doc. 2010-12656 Filed 5-25-10; 8:45 am]
BILLING CODE 4910-9X-P