[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66543-66545]
[FR Doc No: 2012-26951]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0381; FRL-9747-9]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Requirements for Prevention of Significant Deterioration and
Nonattainment New Source Review; Fine Particulate Matter (PM2.5);
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects an omission in the final rule document
published on October 2, 2012, announcing EPA's final approval of
several revisions to the Delaware State Implementation Plan (SIP). The
revisions pertain to preconstruction requirements under the Prevention
of Significant Deterioration (PSD) and nonattainment New Source Review
(NSR) programs. The correction of this omission does not change EPA's
final action to approve these regulations or their effectiveness.

DATES: This correcting amendment is effective November 6, 2012 and is
applicable beginning November 1, 2012.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke,<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 2, 2012 (77 FR 60053), EPA
published a final rulemaking action announcing its approval of
revisions to the Delaware SIP pertaining to preconstruction
requirements for fine particulate matter (PM2.5) under the
PSD and nonattainment NSR programs. In addition, that action approved
select portions of several Delaware SIP submittals intended to address
the ``infrastructure'' requirements of CAA section 110(a)(2). Our
approval of those infrastructure elements was discussed in the preamble
to the final rulemaking action. However, the document inadvertently
omitted necessary revisions to table (e) of section 52.420 which
incorporate the specific revisions which are the subject of the final
rulemaking action. This action corrects that oversight.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because it merely corrects an incorrect
citation in a previous action. Thus, notice and public procedure are
unnecessary. EPA finds that this constitutes good cause under 5 U.S.C.
553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
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 Fed. Reg. 28355 (May 22, 2001)).
Because the agency has made a ``good cause'' finding that this action
is not subject to notice-and-comment requirements under the
Administrative Procedures Act or any other statute as indicated in the
Supplementary Information section above, it is not subject to the
regulatory flexibility provisions of the Regulatory Flexibility Act (5
U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action
does not significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does 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), nor
will it 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
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical standards;
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.
The rule also does not involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996). EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1998) by examining the takings implications of the rule
in accordance with the Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings issued
under the executive order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). 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. Section 808 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 public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of November 1,
2012. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action to add the revision to
paragraph 52.420(e), is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Reporting and recordkeeping requirements.
    Accordingly, in 40 CFR part 52, the following correcting amendments
are made:

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.

0
2. In Sec.  52.420, the table in paragraph (e) is amended by revising
the entries for section 110(a)(2) Infrastructure Requirements for the
1997 8-Hour Ozone NAAQS, section 110(a)(2) Infrastructure Requirements
for the 1997 PM2.5 NAAQS, section 110(a)(2) Infrastructure
Requirements for the 2006 PM2.5 NAAQS, section 110(a)(2)
Infrastructure Requirements for the 2008 Lead NAAQS to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                       Applicable         State
   Name of non-regulatory SIP        geographic or      submittal    EPA approval date    Additional explanation
            revision               nonattainment area      date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide..........     12/13/07  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 1997 8-                              9/19/08                        the following CAA
 Hour Ozone NAAQS.                                         9/16/09                        elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M) or
                                                                                portions thereof.
                                  Statewide..........     12/13/07  11/6/12 [Insert      This action addresses
                                                           9/19/08   page number where    the following CAA
                                                           9/16/09   the document         elements:
                                                            4/1/10   begins]              110(a)(2)(D)(i)(II) or
                                                                                portions thereof.
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........     12/13/07  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 1997 PM2.5                           3/12/08                        the following CAA
 NAAQS.                                                    9/16/09                        elements:
                                                           3/10/10                        110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M) or
                                                                                portions thereof.
                                  Statewide..........     12/13/07  11/6/12 [Insert      This action addresses
                                                           3/12/08   page number where    the following CAA
                                                           9/16/09   the document         elements:
                                                           3/14/12   begins]              110(a)(2)(D)(i)(II) or
                                                                                portions thereof.
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........      9/16/09  8/4/11, 76 FR 47068  This action addresses
 Requirements for the 2006 PM2.5                           3/10/10                        the following CAA
 NAAQS.                                                                                elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M), or
                                                                                portions thereof.
                                  Statewide..........      9/16/09  11/6/12 [Insert      This action addresses
                                                           3/14/12   page number where    the following CAA
                                                                     the document         elements:
                                                                     begins]              110(a)(2)(D)(i)(II) or
                                                                                portions thereof.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure  Statewide..........     10/17/11  9/10/12, 77 FR       This action addresses
 Requirements for the 2008 Lead                                      55420                the following CAA
 NAAQS.                                                                                elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M) or
                                                                                portions thereof.
                                  Statewide..........     10/17/11  11/6/12 [Insert      This action addresses
                                                           3/14/12   page number where    the following CAA
                                                                     the document         elements:
                                                                     begins]              110(a)(2)(C),
                                                                                (D)(i)(II), and (J) or
                                                                                portions thereof.
----------------------------------------------------------------------------------------------------------------

    Dated: October 19, 2012.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2012-26951 Filed 11-5-12; 8:45 am]
BILLING CODE 6560-50-P


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

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story.
  I feel compelled to share some information about vaping.   It has changed my life.  I can breathe again and i'm not tired all the time!   My chances for getting cancer and/or emphysema are significantly reduced. I started smoking at age 17. I tried to quit cold turkey when i was 21 and ended up in the hospital with withdrawal and a diagnosis of crohn's disease. Since then, I've been afraid to try and quit. I'm now 37 and started vaping a few months ago and it allowed me to stop smoking without the severe withdrawal.
Here are some scientific studies about the safety of vaping.  http://onvaping.com/the-ultimate-list-of-studies-on-e-cigarettes-and-their-safety/
I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further
Sincerely,
Chad Chamberlain


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63569-63570]
[DOCID:fr09no07-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-4-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Intent To
Prepare An Environmental Assessment for the Proposed South Welda
Storage Field Expansion Project and Request for Comments On
Environmental Issues

November 2, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the proposed South Welda Storage
Field Expansion Project involving construction and operation of natural
gas facilities by Southern Star Central Gas Pipeline, Inc. (Southern
Star) in Anderson County, Kansas. The EA will be used by the Commission
in its decision-making process to determine whether the project is in
the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help determine which issues
need to be evaluated in the EA. Please note that the scoping period
will close on December 3, 2007. Details on how to submit comments are
provided in the Public Participation section of this notice.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
Southern Star would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, Southern Star could initiate
condemnation proceedings in accordance with Kansas state law.
    This notice is being sent to affected landowners; federal, state,
and local government representatives and agencies; elected officials;
Native American tribes; other interested parties; and local libraries
and newspapers. State and local government representatives are asked to
notify their constituents of this proposed project and to encourage
them to comment on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    Southern Star proposes to expand the existing certificated boundary
and buffer zone of its South Welda Storage Field in Anderson County,
Kansas by about 560 acres. Southern Star states that the additional
acreage is necessary to protect the field's integrity (based on
conclusions that storage gas has moved beyond its existing storage
boundary) and to establish a buffer zone to protect the field from
future encroachment by third-party exploration or operators. The
additional acreage would also prevent possible venting of the storage
gas by oil operators. Southern Star has identified 11 wells that it
would either connect to the pressure recovery system, convert to
pressure observation, or plug. In addition, Southern Star would install
an additional natural gas compressor (660 horsepower) at its existing
South Welda Booster Station. This would require an expansion of the
station of 40 feet by 175 feet.
    Southern Star is also requesting authorization to increase the
maximum certificated wellhead shut-in pressure from 430 to 433 pounds
per square inch gauge. This pressure would align with the same shut-in
pressure requested by Southern Star for the North Welda Storage Field
in Docket No. CP07-89-000, which is currently under Commission review.
Certain other recovery and recycling facilities (e.g., small diameter
pipeline lateral segments, oil/gas separators, and collection tanks)
will be constructed under Southern Star's existing blanket certificate
(Docket No. CP82-479-000).
    The certificated South Welda Storage Field currently operates up to
a maximum storage capacity of 18.3 billion cubic feet. Southern Star
states that the proposed project and blanket certificate work would not
change any of the current operational parameters or capabilities of the
South Welda Storage Field.
    The general location of the proposed storage field expansion is
shown in Appendix 1. \1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printing in the Federal Register. Copies are available on the
Commission's Internet website (http://www.ferc.gov) at the ``eLibrary''

link or from the Commission's Public Reference Room at (202) 502-
8371. For instructions on connecting to eLibrary, refer to the
``Additional Information'' section at the end of this notice. Copies
of the appendices were sent to all those receiving this notice in
the mail. Requests for detailed maps of the well locations and other
proposed facilities should be made directly to Southern Star.
---------------------------------------------------------------------------

Land Requirements for Construction

    The boundary of the South Welda Storage Field would be expanded by
about 560 acres. Construction of the proposed facilities (i.e., well
sites, separator sites, the compressor unit, temporary workspace, and
use of existing access roads) would require about 21.9 acres of land.
Of this acreage, about 20.6 acres would be temporarily impacted and 1.3
acres would be permanently affected.

The EA Process

    We \2\ are preparing this EA to comply with the National
Environmental Policy Act (NEPA) which requires the Commission to take
into account the environmental impact that could result if it
authorizes Southern Star's proposal. By this notice, we are also asking
federal, state, and local agencies with jurisdiction and/or special
expertise with respect to environmental issues to formally cooperate
with us in the preparation of the EA. Agencies that would like to
request cooperating status should follow the instructions for filing
comments provided below.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    NEPA also requires the FERC to discover and address concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
Notice of Intent, we are requesting public comments on the scope of the
issues to address in the EA. All comments received will be considered
during the preparation of the EA.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils
     groundwater resources
     land use
     cultural resources

     vegetation and wildlife (including sensitive species)
     air quality and noise
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal including alternative berthing
alignments, and measures to avoid or lessen environmental impact. The
more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St. NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 1.
     Reference Docket No. CP08-4-000.
     Mail your comments so that they will be received in
Washington, DC on or before December 3, 2007.
    The Commission encourages electronic filing of comments. See 18
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on
the Commission's Internet Web site at http://www.ferc.gov under the

``eFiling'' link and the link to the User's Guide. Prepare your
submission in the same manner as you would if filing on paper and save
it to a file on your hard drive. Before you can file comments you will
need to create an account by clicking on ``Login to File'' and then
``New User Account.'' You will be asked to select the type of filing
you are making. This filing is considered a ``Comment on Filing.''
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in the process.
Among other things, intervenors have the right to receive copies of
case-related Commission documents and filings by other intervenors.
Likewise, each intervenor must send one electronic copy (using the
Commission's eFiling system) or 14 paper copies of its filings to the
Secretary of the Commission and must send a copy of its filings to all
other parties on the Commission's service list for this proceeding. If
you want to become an intervenor you must file a motion to intervene
according to Rule 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.214) (see Appendix 2) \3\. Only intervenors have
the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \3\ Interventions may also be filed electronically via the
Internet in lieu of paper. See previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary'' link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information. You can also

request additional information by calling Southern Star at 270-852-
4654.

Kimberly D. Bose,
 Secretary.
[FR Doc. E7-22023 Filed 11-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22079-22080]
[FR Doc No: 2016-08626]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0195; 9944-98-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by the State of Nevada and
the Nevada Department of Conservation and Natural Resources, Division
of Environmental Protection (collectively ``Plaintiffs'') in the United
States District Court for Nevada: State of Nevada, et al., v. McCarthy,
No. 3:15-cv-00396-HDM-WGC (D. Nev.). On July 31, 2015, Plaintiffs filed
this complaint alleging that Gina McCarthy, in her official capacity as
Administrator of the United States Environmental Protection Agency
(``EPA''), failed to perform a non-discretionary duty to take final
action on the portion of Nevada's state implementation plan (``SIP'')
submission intended to address interstate transport requirements for
the 2008 ozone national ambient air quality standards (``NAAQS''). The
proposed consent decree would establish a deadline for EPA to take
certain specified actions.

DATES: Written comments on the proposed consent decree must be received
by May 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0195, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Zachary Pilchen, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit filed by
Plaintiffs seeking to compel the Administrator to take action under CAA
section 110(k)(2)-(3). Plaintiffs allege that the Administrator has
failed to perform a non-discretionary duty to take final action on the
portion of Nevada's SIP submission intended to address the requirements
of 42 U.S.C. 7410(a)(2)(D)(i)(I) for the 2008 ozone NAAQS. Under the
terms of the proposed consent decree, EPA would agree to take certain
specified actions by February 13, 2017 to resolve those claims. See the
proposed consent decree for more details. The proposed consent decree
also provides for the possibility that circumstances beyond EPA's
reasonable control could delay compliance with the February 13, 2017
deadline, and provides a framework for extending that deadline. In
addition, the proposed consent decree enumerates Plaintiffs' costs of
litigation, including attorney fees, and provides that payment of those
costs will constitute a full and complete settlement of all of
Plaintiffs' costs in connection with this litigation.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2016-0195) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, key in the
appropriate docket identification number then select ``search.''
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any

identifying or contact information provided in the body of a comment
will be included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: April 6, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-08626 Filed 4-13-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Notices]
[Pages 18033-18034]
[FR Doc No: 2014-07059]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

The Food and Drug Administration and Global Engagement: Progress
on the Pathway to Global Product Safety

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

SUMMARY: The Food and Drug Administration (FDA) Denver District Office,
in cosponsorship with the Association of Food and Drug Officials
(AFDO), will be hosting the 118th AFDO Annual Educational Conference.
During the conference, a 2-day public workshop will be held entitled
``FDA and Global Engagement: Progress on the Pathway to Global Product
Safety,'' This 2-day public workshop is intended to provide information
about FDA drug and device regulation to the regulated industry.

DATES:  Dates and Times: The conference will be held from June 21
through June 25. The public workshop, ``FDA and Global Engagement:
Progress on the Pathway to Global Product Safety,'' will be held on
June 23 and 24, 2014, from 10:30 a.m. to 5 p.m.
    Location: The public workshop will be held at the Grand Hyatt
Denver, 1750 Welton St., Denver, CO 80202, 1-303-295-1234 or toll free
800-233-1234; http://granddenver.hyatt.com. Attendees are responsible
for their own accommodations. To make reservations at the Grand Hyatt
Denver at the reduced conference rate, please go to https://resweb.passkey.com/go/afdo2014 or call 1-303-295-1234 and mention
``AFDO Conference'' before May 21, 2014.
    AFDO Contact Information: Randy Young, Association of Food and Drug
Officials, 2550 Kingston Rd., Suite 311, York, PA 17402, 1-717-757-
2888, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>    Registration: You are encouraged to register by May 23, 2014. The
AFDO registration fees cover the cost of facilities, materials, and
breaks. Seats are limited; therefore, please submit your registration
as soon as possible. Public workshop space will be filled in order of
receipt of registration. Those accepted into the public workshop will
receive confirmation. Registration will close after the public workshop
is filled. Registration at the site is not guaranteed but may be
possible on a space-available basis on the day of the public workshop
beginning at 7:30 a.m. The cost of registration follows:

                         Cost of Registration *
------------------------------------------------------------------------

------------------------------------------------------------------------
ADFO Member.............................................         $475.00
Non-ADFO Member.........................................          575.00
------------------------------------------------------------------------
* A $100 registration fee will be added if payment is postmarked after
  June 1, 2014.

    If you need special accommodations due to a disability, please
contact Randy Young (see AFDO Contact information) at least 21 days in
advance of the workshop.
    Registration instructions: To register, please complete and submit
an AFDO Conference Registration Form, along with a check or money order
payable to ``AFDO.'' Please mail your completed registration form and
payment to: AFDO, 2550 Kingston Rd., Suite 311, York, PA 17402. To
register online, please visit http://www.afdo.org/conference. (FDA has
verified the Web site address, but is not responsible for subsequent
changes to the Web site after this document publishes in the Federal
Register.)
    The registrar will also accept payment through Visa and MasterCard
credit cards. For more information on the public workshop, or for
questions about registration, please contact AFDO at 1-717-757-2888,
FAX:<PHONE_NUMBER>, or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The public workshop helps fulfill the
Department of Health and Human Services' and FDA's important mission to
protect the public health. The workshop will provide FDA-regulated drug
and device entities with information on a number of topics concerning
FDA requirements related to the production and marketing of drugs and/
or devices. Topics for discussion include, but are not limited to the
following:
     Medical Device Single Audit Program;
     Contract Manufacturing Arrangements for Drugs: Quality
Agreements;
     Compliance Question and Answer Panel;
     Draft Guidance: Distinguishing Medical Device Recalls from
Product Enhancements and Associated Reporting Requirements;
     Compounding Pharmacies;
     Overview of Global Device/Drug Requirements vs. U.S.
System;
     Case for Quality Initiative Update;
     Unique Device Identifier Implementation Update;
     Metric, Data, and Analysis; Biometrics;
     Pharmaceutical Inspection Cooperation Scheme; and
     Biosimilar Regulations.
    FDA has made education of the food, feed, drug, and device
manufacturing community a high priority to help ensure the quality of
FDA-regulated products. The public workshop helps to achieve objectives
set forth in section 406 of the Food and Drug Administration
Modernization Act of 1997 (21 U.S.C. 393) which includes working
closely with stakeholders and maximizing the availability and clarity
of information to stakeholders and the public. The workshop also is
consistent with the Small Business Regulatory Enforcement Fairness Act
of 1996 (Pub. L. 104-121), as outreach activities by government
agencies to small businesses.

    Dated: March 25, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-07059 Filed 3-28-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30832-30835]
[FR Doc No: 2011-13067]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0876; FRL-9311-9]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. The intended effect of this
action is to approve the inclusion of nitrogen oxides (NOx)
as a precursor to ozone in the State of West Virginia for permits for
construction and major modification of major stationary sources of air
pollution for the prevention of significant deterioration (PSD) areas
in West Virginia. This action will also add the Federally equivalent
provisions to the rules for the PSD program as they pertain to
``reasonable possibility'' and delete certain references to pollution
control projects (PCPs) and clean units (CUs) to make the West Virginia
PSD program consistent with the Federal PSD program. This action is
being taken under the Clean Air Act (CAA).

DATES: Effective Date. This final rule is effective on June 27, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0876. All documents in the docket are listed in
the www.regulations.gov website.
    Although listed in the electronic docket, some information is not
publicly available, i.e., 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 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 for public inspection
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, West
Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On December 17, 2010 (75 FR 78949), EPA published a
notice of proposed rulemaking (NPR) for the State of West Virginia. The
NPR proposed approval of the inclusion of NOX as a precursor
to ozone for permits for construction and major modification of major
stationary sources of air pollution for PSD. This action will replace
the current SIP-approved version of 45CSR14, entitled, Permits for
Construction and Major Modification of Major Stationary Sources of Air
Pollution for the Prevention of Significant Deterioration. The formal
SIP revision was submitted by West Virginia on July 20, 2009.

II. Summary of SIP Revision

    This SIP revision consists of replacing the current version of
45CSR14 approved by EPA on December 4, 2006 (71 FR 64470) with the
regulations which were made effective as a legislative rule in West
Virginia on June 1, 2009 and submitted to EPA on July 20, 2009. This
revision governs the permitting for the construction of new major
stationary sources and the significant modification of existing major
stationary sources of air pollutants in areas designated attainment or
non-classifiable for the National Ambient Air Quality Standards
(NAAQS).
    This approval of West Virginia's SIP submission addresses changes
needed to ensure consistency with the CAA's part C PSD permit program.
This SIP submission also corrects deficiencies identified by EPA in the
March 27, 2008 Federal Register action entitled, ``Completeness
Findings for Section 110(a) State implementation Plans for the 8-hour
Ozone National Ambient Air Quality Standards (1997 Ozone NAAQS)'' (73
FR 16205). EPA's approval of this SIP submission addresses West
Virginia's compliance with the portion of CAA Section 110(a)(2)(C) &
(J) relating to the Part C permit program for the 1997 Ozone NAAQS,
because this action would approve regulating NOX as a
precursor to ozone in West Virginia's SIP in accordance with the
Federal Register action dated November 29, 2005 (70 FR 71612) that
finalized NOX as a precursor for ozone regulations set forth
at 40 CFR 51.166 and in 40 CFR 52.21.
    Additionally, in the course of taking action upon the previously
approved NSR Reform SIP revision dated December 4, 2006 (71 FR 64470),
West Virginia had requested that EPA not act upon certain provisions of
45CSR14.19.8 pertaining to the recordkeeping and reporting requirements
for sources that elect to use the actual-to-projected actual emission
test and where there is a ``reasonable possibility'' that a project may
result in a significant net emissions increase. Based upon revisions to
45CSR14.19.8, EPA is now approving 45CSR14.19.8 in its entirety into
the West Virginia SIP with this action as regulatory corrections have
been made to the State's regulations.
    The references to pollution control projects (PCPs) and clean units
(CUs) were deleted in the West Virginia

regulations in accordance with the Federal rulemaking action dated June
13, 2007 (72 FR 32526). These State references to PCPs and CUs are not
a part of the currently approved SIP and are, therefore, just being
corrected in West Virginia's regulations; as a result of correctly
deleting their references, West Virginia's regulations will be
consistent with the Federally enforceable provisions.
    EPA has determined that the current amendments to West Virginia's
PSD permit program at 45CSR14, as submitted on July 20, 2009, meet the
minimum requirements of 40 CFR 51.166 and the Clean Air Act. This
action will approve these revisions to the West Virginia SIP.

III. Final Action

    EPA is approving the West Virginia SIP revision submitted on July
20, 2009 which amends 45CSR14 as a revision to the West Virginia SIP.
EPA is also making a determination that West Virginia's SIP meets the
requirements of CAA Sections 110(a)(2)(C) and (J) relating to the part
C permit program for the 1997 Ozone NAAQS. EPA had solicited public
comments on these issues discussed in this document in the prior
proposed Federal Register action dated December 17, 2010 (75 FR 78949).
No adverse comments were received.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does 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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 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).

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 July 26, 2011. 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 to include NOX as a
precursor to ozone and the provisions for ``reasonable possibility'' in
West Virginia for permits for construction and major modification of
major stationary sources of air pollution for the prevention of
significant deterioration 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising
the entries for [45 CSR] Series 14 to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
State citation [Chapter 16-20 or      Title/subject       effective     EPA approval date   explanation/citation
             45 CSR]                                         date                             at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
 [45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1.................  General..............      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-2.................  Definitions..........      6/01/09  5/27/11 [Insert page  This action
                                                                       number where the      incorporates all of
                                                                       document begins].     this Section into
                                                                                SIP.
Section 45-14-3.................  Applicability........      6/01/09  5/27/11 [Insert page  This action
                                                                       number where the      incorporates all of
                                                                       document begins].     this Section into
                                                                                SIP.
Section 45-14-4.................  Ambient Air Quality        6/01/09  5/27/11 [Insert page  ....................
                                   Increments and                      number where the
                                   Ceilings.                           document begins].
Section 45-14-5.................  Area Classification..      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-6.................  Prohibition of             6/01/09  5/27/11 [Insert page  ....................
                                   Dispersion                          number where the
                                   Enhancement                         document begins].
                                   Techniques.
Section 45-14-7.................  Registration, Report       6/01/09  5/27/11 [Insert page  ....................
                                   and Permit                          number where the
                                   Requirements for                    document begins].
                                   Major Stationary
                                   Sources and Major
                                   Modifications.
Section 45-14-8.................  Requirements Relating      6/01/09  5/27/11 [Insert page  ....................
                                   to Control                          number where the
                                   Technology.                         document begins].
Section 45-14-9.................  Requirements Relating      6/01/09  5/27/11 [Insert page  ....................
                                   to the Source's                     number where the
                                   Impact on Air                       document begins].
                                   Quality.
Section 45-14-10................  Modeling Requirements      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-11................  Air Quality                6/01/09  5/27/11 [Insert page  ....................
                                   Monitoring                          number where the
                                   Requirements.                       document begins].
Section 45-14-12................  Additional Impacts         6/01/09  5/27/11 [Insert page  ....................
                                   Analysis                            number where the
                                   Requirements.                       document begins].
Section 45-14-13................  Additional                 6/01/09  5/27/11 [Insert page  ....................
                                   Requirements and                    number where the
                                   Variances for Source                document begins].
                                   Impacting Federal
                                   Class 1 Areas.
Section 45-14-14................  Procedures for             6/01/08  5/27/11 [Insert page  ....................
                                   Sources Employing                   number where the
                                   Innovative Control                  document begins].
                                   Technology.
Section 45-14-15................  Exclusions From            6/01/09  5/27/11 [Insert page  ....................
                                   Increment                           number where the
                                   Consumption.                        document begins].
Section 45-14-16................  Specific Exemptions..      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-17................  Public Review              6/01/09  5/27/11 [Insert page  ....................
                                   Procedures.                         number where the
                                                                       document begins].
Section 45-14-18................  Public Meetings......      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-19................  Permit Transfer,           6/01/09  5/27/11 [Insert page  This action
                                   Cancellation and                    number where the      incorporates all of
                                   Responsibility.                     document begins].     this Section into
                                                                                SIP, amended text
                                                                                added for
                                                                                clarification.
Section 45-14-20................  Disposition of             6/01/09  5/27/11 [Insert page  ....................
                                   Permits.                            number where the
                                                                       document begins].
Section 45-14-21................  Conflict with Other        6/01/09  5/27/11 [Insert page  ....................
                                   Permitting Rules.                   number where the
                                                                       document begins].
Section 45-14-25................  Actual PALs..........      6/01/09  5/27/11 [Insert page  ....................
                                                                       number where the
                                                                       document begins].
Section 45-14-26................  Inconsistency Between      6/01/09  5/27/11 [Insert page  ....................
                                   Rules.                              number where the
                                                                       document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-13067 Filed 5-26-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 10, 2009 (Volume 74, Number 174)]
[Notices]
[Page 46614-46615]
[DOCID:fr10se09-82]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2009-0001]

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; revision of a
currently approved information collection; OMB No. 1660-0081; FEMA Form
146-0 (Replaces FEMA Form 81-108), National Flood Insurance Program--
Mapping Needs Update Support System (MNUSS) Data Worksheet.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this Notice seeks comments concerning the use of the Mapping Needs
Update Support System Data Worksheet to collect data on flood hazard
mapping needs enabling FEMA to be more responsive to ongoing changes
affecting flood hazard areas that occur in communities participating in
the NFIP. These changes include, but are not limited to, new corporate
limit boundaries, changes in the road network, and changes in flood
hazard areas, which affect communities' flood risks.

DATES: Comments must be submitted on or before November 9, 2009.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under docket ID
FEMA-2009-0001. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Office of Chief Counsel,
Regulation and Policy Team, DHS/FEMA, 500 C Street, SW., Room 835,
WASH, DC 20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include docket
ID FEMA-2009-0001 in the subject line.
    All submissions received must include the agency name and docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Beth Norton, Mitigation
Division, Department of Homeland Security/FEMA, at<PHONE_NUMBER> for
additional information. You may contact the Records Management Branch
for copies of the proposed collection of information at facsimile
number<PHONE_NUMBER> or e-mail address: FEMA-Information-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Public Law 103-325, The Riegle Community
Development and Regulatory

Improvement Act of 1994, Title V--National Flood Insurance Reform,
section 575, Updating of Flood Maps (also known as section 575 of the
National Flood Insurance Reform Act (NFIRA) of 1994), mandates that at
least once every five years, the Federal Emergency Management Agency
(FEMA) will assess the need to revised and update all floodplain areas
and flood risk zones identified, delineated, or established under
section 1360 of the National Flood Insurance Act of 1968.

Collection of Information

    Title: National Flood Insurance Program (NFIP) Mapping Needs Update
Support System (MNUSS) Data Worksheet.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0081.
    Form Titles and Numbers: FEMA Form 146-0 (Replaces FEMA Form 81-
108), National Flood Insurance Program--Mapping Needs Update Support
System (MNUSS) Data Worksheet.
    Abstract: FEMA established the Mapping Needs Assessment process and
the MNUSS database in order to effectively identify and document data
regarding community flood hazard mapping needs. MNUSS is designed to
store mapping needs at the community level. In order to facilitate the
identification and collection of communities' current flood hazard
mapping needs for input into MNUSS, FEMA developed the MNUSS Data
Worksheet. This provides a method to notify FEMA of any revisions or
updates required to flood maps. The information is also used to assist
in the prioritization of the flood hazard mapping needs of all mapped
communities participating in the NFIP.
    Affected Public: State, Local and Tribal Governments.
    Estimated Total Annual Burden Hours: 1,150 Hours.

                                                 Table A.12--Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                Avg. burden     Total                     Total
                                                                Number of    responses      Total         per         annual    Avg. hourly     annual
         Type of respondent            Form name/form number   respondents      per       number of     response   burden  (in   wage rate*   respondent
                                                                             respondent   responses    (in hours)     hours)                     cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
State, Local or Tribal Government...  FEMA Form 146-0/MNUSS            460            1          460          2.5        1,150       $47.75      $54,913
                                       Data Worksheet.
    Total...........................  .......................          460  ...........  ...........  ...........        1,150  ...........       54,913
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Note: The ``Avg. Hourly Wage Rate'' for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

    Estimated Cost: There is no annual operation or maintenance cost
associated with this collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Larry Gray,
Director, Records Management Division, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-21751 Filed 9-9-09; 8:45 am]

BILLING CODE 9111-52-P


[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Page 21557]
[FR Doc No: 2012-8525]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-52-000]

System Energy Resources, Inc.; Notice of Petition for Declaratory
Order

    Take notice that on March 28, 2012, System Energy Resources, Inc.
(System Energy Resources), submitted a petition requesting the Federal
Energy Regulatory Commission to issue a declaratory order determining
that System Energy Resources' payment of distributions out of common
stock or paid-in capital to its parent and sole shareholder, Entergy
Corporation, under the circumstances and conditions identified in the
petition, will not violate section 305(a) of the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 27, 2012.

    Dated: April 2, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-8525 Filed 4-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78547-78548]
[FR Doc No: 2014-30226]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73889; File No. SR-ISEGemini-2014-30]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

December 19, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 15, 2014, ISE Gemini, LLC (the ``Exchange'' or ``ISE
Gemini'') filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change, as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    ISE Gemini is proposing to amend language in the Schedule of Fees
related to excluding days from its average daily volume (``ADV'')
calculations when the market is not open for the entire trading day.
The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange proposes to amend language in the Schedule of Fees
related to excluding days from its ADV calculations when the market is
not open for the entire trading day. The Exchange currently provides
tiered fees and rebates to market participants based on members' ADV in
a given month. In determining applicable tiers, the Exchange may
exclude from its ADV calculation any day that the market is not open
for the entire trading day. This allows the Exchange to exclude days,
for example, where the Exchange declares a trading halt in all
securities, honors a market-wide trading halt declared by another
market, or closes early for holiday observance. On November 3, 2013,
the Exchange's affiliate, the International Securities Exchange, LLC
(``ISE''), amended its Schedule of Fees to permit it to exclude days
only for those members that would have a lower ADV with the day
included.\3\ As noted in the ISE proposed rule filing, some members may
be inadvertently disadvantaged when a day is removed from the ADV
calculation if the member continues to trade significant volume on that
day. In order to prevent this undesirable result, and preserve the
Exchange's intent behind adopting volume-based pricing, ISE Gemini
proposes to adopt language similar to ISE, allowing the Exchange to
exclude days from its ADV calculation only for members that would have
a lower ADV with the day included.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 73601 (November 14,
2014), 79 FR 69170 (November 20, 2014) (SR-ISE-2014-51).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities. The
Exchange believes that it is reasonable and equitable to only exclude a
day from its ADV calculations for members that would otherwise have a
lower ADV for the month as this preserves the Exchange's intent behind
adopting volume-based pricing, and avoids penalizing members that
continue to actively trade during excluded days. Without this change,
members that step up and trade significant volume on days where the
market is not open for the entire trading day may be negatively
impacted, resulting in an effective cost increase for those members.
The Exchange further believes that the proposed rule change is not
unfairly discriminatory because it applies equally to all members and
ADV calculations. As is ISE Gemini's current practice, the Exchange
will provide a notice, and post it on the Exchange's Web site, to
inform members of any day that is to be excluded from its ADV
calculations in connection with this proposed rule change.
---------------------------------------------------------------------------

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

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

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that the proposed

modifications to its ADV calculation are pro-competitive and will
result in lower total costs to end users, a positive outcome of
competitive markets. The Exchange operates in a highly competitive
market in which market participants can readily direct their order flow
to competing venues. In such an environment, the Exchange must
continually review, and consider adjusting, its fees and rebates to
remain competitive with other exchanges. For the reasons described
above, the Exchange believes that the proposed fee changes reflect this
competitive environment.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\7\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\8\ because it establishes a due, fee, or other charge
imposed by ISE Gemini.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISEGemini-2014-30 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-ISEGemini-2014-30. 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 office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISEGemini-2014-30, and
should be submitted on or before January 20, 2015.

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

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2014-30226 Filed 12-29-14; 8:45 am]
BILLING CODE 8011-01-P