Proposed Rule to Revise the Numeric Criteria for Selenium for San Francisco Bay and Delta, State of California
                        Links to Supporting Documents
The documents listed below were uploaded to the docket associated with the Proposed Rule to Revise the Numeric Criteria for Selenium for San Francisco Bay and Delta, State of California.  Some supporting documents are copyrighted, and as a result the actual document cannot be made available on the docket.  The following is a list of documents cited in the docket, along with associated links to websites where the documents may be found or purchased.

 Supplemental Info Kleckner et al.2010.clam
ID: EPA-HQ-OW-2015-0392-0125
http://pubs.usgs.gov/of/2010/1252/pdf/ofr20101252.pdf

 Hyperlink Trails  -  San Joaquin River Delta Stockton California Places to Fish
ID: EPA-HQ-OW-2015-0392-0150
https://www.trails.com/tcatalog_trail.aspx?trailid=XFA053-039

 Stewart et al 2004
ID: EPA-HQ-OW-2015-0392-0026
http://pubs.acs.org/

 Hyperlink San Francisco Bay Basin Water Quality Control Plan
ID: EPA-HQ-OW-2015-0392-0176
http://www.waterboards.ca.gov/sanfranciscobay/basin_planning.shtml

 USGS 2010 App A and Supporting Info
ID: EPA-HQ-OW-2015-0392-0011
https://www3.epa.gov/region9/water/ctr/selenium-mgmt.pdf

 De Riu et al 2014 White and Green Sturgeon
ID: EPA-HQ-OW-2015-0392-0009
http://www.sciencedirect.com/science/journal/0166445X

 Supplemental Info Stewart et al.2004.wh sturgeon
ID: EPA-HQ-OW-2015-0392-0183
http://pubs.acs.org/

 Hyperlink State of Oregon, Salmon in the Estuary
ID: EPA-HQ-OW-2015-0392-0168
http://www.oregon.gov/dsl/SSNERR/docs/EFS/EFS30salmon.pdf

 Ohlendorf1986a
ID: EPA-HQ-OW-2015-0392-0019
      http://www.sciencedirect.com/science/journal/00489697

 Hyperlink Current California Ocean Recreational Fishing Regulations
ID: EPA-HQ-OW-2015-0392-0138
https://www.wildlife.ca.gov/Fishing/Ocean/Regulations/Fishing-Map/SF-Bay

 Cohen 2011 Exotics Guide C amurensis
ID: EPA-HQ-OW-2015-0392-0008
http://www.exoticsguide.org/node/132

 Kaufman et al 2008 Dietary Se Hg - Powerpoint
ID: EPA-HQ-OW-2015-0392-0056
      http://wwwrcamnl.wr.usgs.gov/Selenium/Library_articles/san_luis_articles/Kaufman_et_al_Effects_of_Dietary_Se_and_Hg_2008.pdf

 Lovvorn et al 2013 diving ducks
ID: EPA-HQ-OW-2015-0392-0094
      http://www.int-res.com/journals/meps/meps-home/

 Adams et al 2003
ID: EPA-HQ-OW-2015-0392-0042
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1552-8618

 Supplemental Info Stewart et al. 2013 clam 2011-12
ID: EPA-HQ-OW-2015-0392-0124
http://www.int-res.com/articles/meps_oa/m492p041.pdf

 Stephan 1987
ID: EPA-HQ-OW-2015-0392-0069
      https://nepis.epa.gov/Exe/ZyNET.exe/9100ZWHX.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1986+Thru+1990&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C86thru90%5CTxt%5C00000026%5C9100ZWHX.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

 Hyperlink Animal Diversity Web - Salmo trutta
ID: EPA-HQ-OW-2015-0392-0145
http://animaldiversity.org/accounts/Salmo_trutta/

 Luoma et al 1992 Se Bioavail Benthic Bivalve
ID: EPA-HQ-OW-2015-0392-0035
http://pubs.acs.org/journal/esthag

 Kogut 2008
ID: EPA-HQ-OW-2015-0392-0090
      https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiIv67Z-oLPAhXGPz4KHTOwCAMQFggcMAA&url=https%3A%2F%2Fnrm.dfg.ca.gov%2FFileHandler.ashx%3FDocumentID%3D47383&usg=AFQjCNEsz3QAo21gFA-aJscaCAhmJq5Mvg&sig2=sL2B15ncxdQWm_alHLRNOw&bvm=bv.131783435,d.cWw

 Hilton et al 1980 Rainbow trout
ID: EPA-HQ-OW-2015-0392-0054
      http://jn.nutrition.org/

 Chapman et al 2009 SETAC Summary
ID: EPA-HQ-OW-2015-0392-0013
http://wwwrcamnl.wr.usgs.gov/Selenium/Library_articles/pellston_SELSummary.pdf

 IEP Newletter 2011 White Sturgeon
ID: EPA-HQ-OW-2015-0392-0055
http://www.water.ca.gov/iep/newsletters/2011/IEPNewsletterFinalSping2011.pdf

 McKechnie Fenner 1971
ID: EPA-HQ-OW-2015-0392-0096
https://archive.org/stream/californiafishga57_3cali/californiafishga57_3cali_djvu.txt

 Hyperlink Michigan DNR - Bluegill (Lepomis macrochirus)
ID: EPA-HQ-OW-2015-0392-0143
http://www.michigan.gov/dnr/0,4570,7-153-10364_18958-45644--,00.html

 Heinz et al 1987 Mallards
ID: EPA-HQ-OW-2015-0392-0053
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1552-8618

 Teh et al 2004
ID: EPA-HQ-OW-2015-0392-0075
      http://pubs.acs.org/journal/esthag

 Tashjian et al 2006 Bioacc Tox White Sturg
ID: EPA-HQ-OW-2015-0392-0074
http://www.sciencedirect.com/science/journal/0166445X

 EPA 2016 TSD App A (USGS 2010 App A - ES&T L&P 2009)
ID: EPA-HQ-OW-2015-0392-0201
https://www3.epa.gov/region9/water/ctr/selenium-mgmt.pdf

 EPA 2016 TSD App A (USGS 2010 App B - P&L 2010)
ID: EPA-HQ-OW-2015-0392-0202
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1551-3793

 Carlton et al 1990 Invasion SFB
ID: EPA-HQ-OW-2015-0392-0004
http://www.int-res.com/journals/meps/meps-home/

 Peterson et al 1993
ID: EPA-HQ-OW-2015-0392-0065
http://link.springer.com/journal/13157

 Presser Luoma 2010
ID: EPA-HQ-OW-2015-0392-0023
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1551-3793

 Ohlendorf Heinz 2011
ID: EPA-HQ-OW-2015-0392-0066
      https://www.crcpress.com/Environmental-Contaminants-in-Biota-Interpreting-Tissue-Concentrations/Beyer-Meador/p/book/9781420084054

 Chesser et al 2014 Auk 14 Ridgeway's Rail
   ID: EPA-HQ-OW-2015-0392-0033
   http://www.aoucospubs.org/loi/tauk

 Hamilton et al 1990 Tox Se to Chinook
ID: EPA-HQ-OW-2015-0392-0050
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1552-8618

 Hyperlink USGS Bluegill (Lepomis macrochirus)
ID: EPA-HQ-OW-2015-0392-0140
http://nas.er.usgs.gov/queries/factsheet.aspx?SpeciesID=385

 Janz et al 2010 Se Tox to Aq Org
ID: EPA-HQ-OW-2015-0392-0015
      https://www.setac.org/store/ViewProduct.aspx?id=1032411

 Hyperlink Water Quality Control Plan for the San Francisco Bay Sacramento-San Joaquin Delta Estuary
ID: EPA-HQ-OW-2015-0392-0177
      http://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/wq_control_plans/2006wqcp/index.shtml

 DeLaCruz 2010 Dissertation
ID: EPA-HQ-OW-2015-0392-0045
http://pqdtopen.proquest.com/doc/814699728.html?FMT=ABS

 Beckon et al 2008 Biphasic
ID: EPA-HQ-OW-2015-0392-0039
      http://pubs.acs.org/journal/esthag

 Lucas and Stewart 2007 undefined
ID: EPA-HQ-OW-2015-0392-0030
      http://wwwrcamnl.wr.usgs.gov/Selenium/Library_articles/san_luis_articles/Lucas_Stewart_Delta_ERP-01-C07.pdf

 Hyperlink USGS Linking Selenium Sources to Ecosystems - Modeling
ID: EPA-HQ-OW-2015-0392-0127
http://wwwrcamnl.wr.usgs.gov/Selenium/modeling.htm

 Hyperlink USGS Redear Sunfish (Lepomis microlophus)
ID: EPA-HQ-OW-2015-0392-0139
http://nas.er.usgs.gov/queries/factsheet.aspx?SpeciesID=390

 Hyperlink CA Department of Water Resources Benthic Bioguide
ID: EPA-HQ-OW-2015-0392-0134
http://www.water.ca.gov/bdma/BioGuide/

 De La Cruz et al 2014 sea ducks
ID: EPA-HQ-OW-2015-0392-0083
http://www.sciencedirect.com/science/journal/00063207

 Hyperlink National Geographic - Mallard Duck
ID: EPA-HQ-OW-2015-0392-0136
http://animals.nationalgeographic.com/animals/birds/mallard-duck/

 USGS 2010 App B
ID: EPA-HQ-OW-2015-0392-0012
http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1551-3793

 Brain and Cousens 1989
ID: EPA-HQ-OW-2015-0392-0040
http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1365-3180

 Heinz Hoffman 1996 Mallards
ID: EPA-HQ-OW-2015-0392-0052
http://www.sciencedirect.com/science/journal/02697491

 Hyperlink Terry et al., 2014
ID: EPA-HQ-OW-2015-0392-0173
http://www.bioone.org/loi/tauk

 Heublein et al 2009 green strugeon
ID: EPA-HQ-OW-2015-0392-0088
http://link.springer.com/journal/10641

 Stuber et al 1982
ID: EPA-HQ-OW-2015-0392-0070
http://www.nwrc.usgs.gov/wdb/pub/hsi/hsi-008.pdf

 Hyperlink CA Department of Fish and Wildlife - Brown trout
ID: EPA-HQ-OW-2015-0392-0146
https://www.wildlife.ca.gov/Fishing/Inland/Brown-Trout

 Hyperlink World Register of Marine Species - Potamocorbula amurensis
ID: EPA-HQ-OW-2015-0392-0130
http://www.marinespecies.org/aphia.php?p=taxdetails&id=397175

 Silvestre et al 2010
ID: EPA-HQ-OW-2015-0392-0064
http://www.sciencedirect.com/science/journal/00489697

 Doblin Cutter Cutter 2006
ID: EPA-HQ-OW-2015-0392-0031
http://www.sciencedirect.com/science/article/pii/S0272771406000382

 Ohlendorf1986b
ID: EPA-HQ-OW-2015-0392-0022
      http://usfs.vtls.com/cgi-bin/usfs/chameleon?sessionid=2012011719281525346&skin=forest&lng=en&inst=consortium&host=localhost%2B5302%2BDEFAULT&patronhost=localhost%205302%20DEFAULT&search=SCAN&function=INITREQ&sourcescreen=CARDSCR&pos=1&rootsearch=3&elementcount=1&u1=4&t1=Transactions%20of%20the%2051st%20North%20American%20Wildlife%20and%20Natural%20Resource%20Conference.&beginsrch=1

 Heinz et al 1989 Mallards
ID: EPA-HQ-OW-2015-0392-0049
https://www.jstor.org/stable/3801145?seq=1#page_scan_tab_contents

 Doroshov et al 1997 white sturgeon
ID: EPA-HQ-OW-2015-0392-0091
http://link.springer.com/chapter/10.1007%2F0-306-46854-9_16

 Cutter and Cutter 2004
ID: EPA-HQ-OW-2015-0392-0029
http://www.sciencedirect.com/science/article/pii/S0272771404001568

 Strange 2013
ID: EPA-HQ-OW-2015-0392-0101
http://link.springer.com/article/10.1007/s10641-012-0004-7

 Richman Lovvorn 2004
ID: EPA-HQ-OW-2015-0392-0097
      https://www.researchgate.net/publication/45412887_Relative_Foraging_Value_to_Lesser_Scaup_Ducks_of_Native_and_Exotic_Clams_from_San_Francisco_Bay

 DeVink et al 2008 scaup
ID: EPA-HQ-OW-2015-0392-0087
http://onlinelibrary.wiley.com/wol1/doi/10.1897/07-209R.1/full

 Ohlendorf1986c
ID: EPA-HQ-OW-2015-0392-0021
      https://www.researchgate.net/publication/271816914_Selenium_and_Heavy_Metals_in_San_Francisco_Bay_Diving_Ducks

 Heinz Hoffman 1998
ID: EPA-HQ-OW-2015-0392-0058
      http://onlinelibrary.wiley.com/doi/10.1002/etc.5620170202/full

 Supplemental Info Linares et al. 2015.wh sturgeon
ID: EPA-HQ-OW-2015-0392-0123
http://onlinelibrary.wiley.com/doi/10.1002/etc.2775/abstract

 Wallus Simon 2008
ID: EPA-HQ-OW-2015-0392-0181
      For Purchase: https://www.crcpress.com/Reproductive-Biology-and-Early-Life-History-of- Fishes-in-the-Ohio-River/Wallus-Simon/p/book/9780849319228
      The Forward, Table of Contents, etc. can be found on line at:
      http://www.crcnetbase.com/doi/pdf/10.1201/9781420003611.fmatt

 Stanley et al 1996 Mallard reprdctn
ID: EPA-HQ-OW-2015-0392-0071
https://pubs.er.usgs.gov/publication/5222770

 Schroeter Moyle 2006
ID: EPA-HQ-OW-2015-0392-0067
http://www.ucpress.edu/book.php?isbn=9780520246539

 Stewart et al 2010
ID: EPA-HQ-OW-2015-0392-0037
http://www.crcnetbase.com/doi/pdfplus/10.1201/EBK1439826775-c5

 Simmons Wallsch 2004
ID: EPA-HQ-OW-2015-0392-0025
http://www.ncbi.nlm.nih.gov/pubmed/16117108

 Ogle and Knight 1989
ID: EPA-HQ-OW-2015-0392-0060
http://link.springer.com/article/10.1007/BF01160293

 Zeug et al 2014 sturgeon
ID: EPA-HQ-OW-2015-0392-0104
http://www.int-res.com/abstracts/meps/v514/p163-174/
A summary PowerPoint presentation may be found at:
      http://scienceconf2014.deltacouncil.ca.gov/sites/default/files/uploads/2014-10-28-306PM2-ZEUG.pdf

 Stanley et al 1994 Mallard reprdctn
ID: EPA-HQ-OW-2015-0392-0068
http://link.springer.com/article/10.1007%2FBF00214145

 FWS EPA Rail TTF Corresp.05.23.14
ID: EPA-HQ-OW-2015-0392-0234 (correspondence)
      http://www.bioone.org/doi/abs/10.1642/0004-8038(2006)123%5B0045%3AEOPFAC%5D2.0.CO%3B2  (article referenced in correspondence)

 Palace et al 2004 Metab Selenometh
ID: EPA-HQ-OW-2015-0392-0020
http://www.ncbi.nlm.nih.gov/pubmed/15087158

 Feyrer et al 2003
ID: EPA-HQ-OW-2015-0392-0092
http://link.springer.com/article/10.1023/A:1025839132274


[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37517-37520]
[FR Doc No: 2017-16997]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0084]
RIN 1625-AA00, AA11

Great Lakes--Regulated Navigation Areas and Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Great Lakes Regulated
Navigation Areas to include one additional regulated navigation area in
Green Bay, WI and safety zones in the Lake Erie Islands, OH and Saginaw
Bay, MI. These zones will apply during the winter months and are
necessary to protect waterway users, vessels, and mariners from hazards
associated with winter conditions and navigation.

DATES: This rule is effective September 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Matthew Stroebel, Ninth District Coast Guard
Prevention, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LCA Lake Carrier's Association
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 22, 2015, the Coast Guard proposed a rule to establish three
regulated navigation areas (RNA) and two safety zones in its Great
Lakes area. These zones were intended to improve the safety of both
recreational users and commercial shipping in high use areas. During
the comment period that ended July 6, 2015, we received a total of 6
comments. We received one comment from the Lake Carriers' Association
stating that it found the rule unnecessary and expressed concern that
the rule will impede vessels' ability to respond quickly and creatively
to winter conditions. The comment suggested that COTP Orders
specifically tailored to existing and forecasted conditions is a better
way to respond to hazardous ice conditions. We agree that in Maumee Bay
and the Straits of Mackinac, COTP orders can be used instead of an RNA
since safety issues occur less frequently in these areas. Our
determination is that in Green Bay an RNA is necessary due to the high
concentration of recreational users and expected increased commercial
vessel traffic in the zone.
    Based on the comments received regarding the May 22, 2015 NPRM, we
amended the proposed rule and issued a supplemental notice of proposed
rulemaking (SNPRM) on April 21, 2017. This supplemental notice of
proposed rulemaking retracts the Coast Guard's proposals to create new
regulated navigation areas in Maumee Bay and the Straits of Mackinac in
accordance with the feedback received from the Lake Carriers
Association. We also retracted our proposal to re-designate three
existing regulated navigation areas as safety zones. Instead, this
rulemaking proposed to add two safety zones in the Lake Erie Islands
and Saginaw Bay to protect recreational ice users. We also proposed to
add one regulated navigation area in Green Bay to manage increased
commercial traffic in an area that typically experiences high volumes
of recreational use.
    We received one comment from the Lake Carriers Association (LCA).
As a result of the LCA's comment to the original NPRM we modified the
rule to not include zones in Maumee Bay or the Straits of Mackinac. LCA
commented that zones in those locations would be detrimental to
industry. In response to the SNPRM, LCA engaged with their member
corporations and did not receive any feedback opposing the addition of
a regulated navigation area in Green Bay.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The District Commander has determined that there are potential
hazards associated with commercial shipping traffic in close vicinity
to recreational ice use. These areas attract recreational ice users
during the winter months. Vessel traffic would disrupt ice integrity in
these areas and pose risks to these recreational waterway users, which
may include people and vehicles falling through the ice. To mitigate
these risks, the Coast Guard is establishing safety zones and a
regulated navigation area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our SNPRM published
April 21, 2017. This comment was not in opposition to the rule. There
are no changes in the regulatory text of this rule from the proposed
rule in the SNPRM.
    This rule establishes two safety zones, one in Saginaw Bay, MI, and
the other in the Lake Erie Islands, OH. The safety zones will be
activated when ice conditions warrant and will be deactivated when the
ice dissipates in the spring. During the time the safety zones are
active, vessels will not be permitted to transit through the zones
which will protect recreational ice users from the dangers associated
with icebreaking.
    This rule also establishes a regulated navigation area in southern
Green Bay, WI. This RNA will allow the Coast Guard to regulate when
commercial traffic is permitted in southern Green Bay and will give the
public a minimum of 72 hours notice before a vessel is permitted to
transit the area. This will best manage the risks associated with
recreational ice users and vessels operating in Southern Green Bay.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    The proposed amendments involve closure areas and a vessel
management area, designed to be implemented only during winter months,
as ice conditions dictate. As to the impact of the closure area on Lake
Erie near the South Channel and the Lake Erie Islands, OH, the Coast
Guard notes that industry vessels have taken alternative routes
bypassing the Lake Erie Islands when recreational ice users are
present. The Coast Guard anticipates the same practice when this area
is closed. Further, regarding the closure area on the waters of Lake
Huron in Saginaw Bay, Michigan, the Coast Guard anticipates closing
Saginaw Bay after giving due consideration to industry's need to
traverse the area. Moreover, under certain circumstances, the Coast
Guard may permit vessel traffic to transit the closure areas. Regarding
the regulated navigation area in Green Bay, it is designed to regulate
the conditions of vessel transit for safety. Overall, we expect the
economic impact of this proposed rule to be minimal and that a full
Regulatory Evaluation is unnecessary.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The

term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. The Coast Guard received no comments
from the Small Business Administration on this rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves amendments to navigation regulations and establishment of
a safety zones. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  165.901 to read as follows:

Sec.  [thinsp]165.901  Great Lakes--regulated navigation areas and
safety zones.

    (a) The following are regulated navigation areas:
    (1) Lake Huron. (i) The waters of Lake Huron known as South Channel
between Bois Blanc Island and Cheboygan, Michigan; bounded by a line
north from Cheboygan Crib Light (LL-1340) at 45[deg]39'48'' N.,
84[deg]27'36'' W.; to Bois Blanc Island at 45[deg]43'42'' N.,
84[deg]27'36'' W.; and a line north from the mainland at 45[deg]43'00''
N., 84[deg]35'30'' W; to the western tangent of Bois Blanc Island at
45[deg]48'42'' N., 84[deg]35'30'' W.
    (ii) The waters of Lake Huron between Mackinac Island and St.
Ignace, Michigan, bounded by a line east from position 45[deg]52'12''
N., 84[deg]43'00'' W.; to Mackinac Island at 45[deg]52'12'' N.,
84[deg]39'00'' W.; and a line east from the mainland at 45[deg]53'12''
N., 84[deg]43'30'' W.; to the northern tangent of Mackinac Island at
45[deg]53'12'' N., 84[deg]38'48'' W.
    (2) Lake Michigan. (i) The waters of Lake Michigan known as Gray's
Reef Passage bounded by a line from Gray's Reef Light (LL-2006) at
45[deg]46'00'' N., 85[deg]09'12'' W.; to White Shoals Light (LL-2003)
at 45[deg]50'30'' N., 85[deg]08'06'' W.; to a point at 45[deg]49'12''
N., 85[deg]04'48'' W.; then to a point at 45[deg]45'42'' N.,
85[deg]08'42'' W.; then to the point of beginning.
    (ii) The waters of Lake Michigan known as Green Bay from Rock
Island Passage or Porte Des Morts Passage north to Escanaba Light at
45[deg]44'48'' N., 087[deg]02'14'' W.; south to the Fox River Entrance
at 44[deg]32'22'' N., 088[deg]00'19'' W., to the Sturgeon Bay Ship
Canal from Sherwood Point Light at 44[deg]53'34'' N., 087[deg]26'00''
W.; to Sturgeon Bay Ship Canal Light at 44[deg]47'42'' N.,
087[deg]18'48'' W.; and then to the point of beginning.

    (b) Regulations:
    (1) In the RNAs under paragraph (a) of this section, the District
Commander or respective COTP may issue orders to control vessel traffic
for reasons which include but are not limited to: Channel obstructions,
winter navigation, unusual weather conditions, or unusual water levels.
Prior to issuing these orders, the District Commander or respective
COTP will provide advance notice as reasonably practicable under the
circumstances. The respective COTP may close and open these regulated
navigation areas as ice conditions dictate.
    (2) Prior to the closing or opening of the regulated navigation
areas, the COTP will give interested parties, including both shipping
interests and island residents, not less than 72 hours notice of the
action. This notice will be given through Broadcast Notice to Mariners,
Local Notice to Mariners, and press releases to the media (radio, print
and television), local COTP will ensure widest dissemination. No vessel
may navigate in a regulated navigation area which has been closed by
the COTP. The general regulations in 33 CFR 165.13 apply. The District
Commander or respective COTP retains the discretion to authorize
vessels to operate outside of issued orders.
    (c) The following are safety zones:
    (1) Lake Erie. The area known as the Lake Erie Islands which is
defined as the U.S. waters of Lake Erie at the intersection of the
International Border at 082[deg]55'00'' W., following the International
Border eastward to the intersection of the International Border at
082[deg]35'00'' W., moving straight south to position 41[deg]25'00''
N., 082[deg]35'00'' W., continuing west to position 41[deg]25'00'' N.,
082[deg]55'00'' W., and ending north at the International Border and
082[deg]55'00'' W.
    (2) Lake Huron. The waters of Lake Huron known as Saginaw Bay,
Michigan; bounded by a line from Port Austin Reef Light (LL-10275) at
44[deg]04'55'' N., 082[deg]58'57'' W.; to Tawas Light (LL-11240) at
44[deg]15'13'' N., 083[deg]26'58'' W.; to Saginaw Bay Range Front Light
(LL-10550) at 43[deg]38'54'' N., 083[deg]51'06'' W.; then to the point
of beginning.
    (d) Enforcement:
    (1) The District Commander or respective Captain of the Port (COTP)
will enforce these safety zones as ice conditions dictate. Under normal
seasonal conditions, only one closing each winter and one opening each
spring are anticipated.
    (2) Prior to closing or opening these safety zones, the District
Commander or respective COTP will give the public advance notice, not
less than 72 hours prior to the closure. This notice will be given
through Broadcast Notice to Mariners, Local Notice to Mariners, and
press releases to the media (radio, print and television), and the
local COTP will ensure widest dissemination. The general regulations in
33 CFR 165.23 apply. The District Commander or respective COTP retains
the discretion to permit vessels to enter/transit a closed safety zone
under certain circumstances.

    Dated: June 12, 2017.
J.E. Ryan,
Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District.
[FR Doc. 2017-16997 Filed 8-10-17; 8:45 am]
 BILLING CODE 9110-04-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. This isn’t some automated message by some mail bot from the industry, I’m a real person, with real concerns.
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 will 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 my only opportunity, as a consumer, to voice feedback on the Proposed Rule.
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 as well as science- and evidence-based responses to your questions so that you can take my comment into account. 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.
PLEASE know that the industry is not the only concern here, the consumers, which citizens and taxpayers, really need a fair amount of time to voice our response.
I appreciate your consideration of my request and am happy to discuss this issue with you further.
Thank you,
Charlie Dantzler
<EMAIL_ADDRESS>


[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Proposed Rules]
[Pages 29849-29850]
[FR Doc No: 2023-09799]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 88, No. 89 / Tuesday, May 9, 2023 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0673; Airspace Docket No. 23-ANE-03]
RIN 2120-AA66

Amendment of Class E Airspace; Greenville, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface for Greenville Municipal
Airport, Greenville, ME, as a new instrument approach procedure has
been designed for this airport. This action would also update the
airport's existing extension.

DATES: Comments must be received on or before June 23, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0673 and
Airspace Docket No. 23-ANE-03 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend Class E airspace in Greenville, ME. An airspace
evaluation determined that this update is necessary to support IFR
operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only once if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible without incurring
expense or delay. The FAA may change this proposal in light of the
comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of NPRMs

    An electronic copy of this document may be downloaded online at
www.regulations.gov. Recently published rulemaking documents can be
accessed through the FAA's web page at www.faa.gov/airtraffic/publications/airspaceamendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except on Federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 annually. This document
proposes to amend the current version of that order, FAA Order JO
7400.11G,

Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022. These updates would subsequently be
published in the next update to FAA Order JO 7400.11. FAA Order JO
7400.11G is publicly available as listed in the ADDRESSES section of
this document. FAA Order JO 7400.11G lists Class A, B, C, D, and E
airspace areas, air traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface for
Greenville Municipal Airport, Greenville, ME, to accommodate area
navigation (RNAV) global positioning system (GPS) standard instrument
approach procedures (SIAPs) serving this airport. This action would
amend the existing bearing from the airport to 297[deg] (previously
320[deg]), as well as establishing an extension to the south of the
airport to accommodate the new approach procedure. This amendment would
support a new instrument procedure for this airport. Controlled
airspace is necessary for the area's safety and management of
instrument flight rules (IFR) operations.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Greenville, ME [Amended]

Greenville Municipal Airport, ME
    (Lat. 45[deg]27'46'' N, long. 69[deg]33'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 9.4-mile radius of Greenville Municipal Airport, within 3
miles on each side of the 297[deg] bearing of the airport extending
from the 9.4-mile radius to 17 miles northwest of the airport, and
within 2 miles each side of the 117[deg] bearing of the airport,
extending from the 9.4-mile radius to 14 miles southeast of the
airport.
* * * * *

    Issued in College Park, Georgia, on May 2, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-09799 Filed 5-8-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Page 67174]
[FR Doc No: 2011-28097]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14157-000; 14161-000; 14184-000]

 Solia 2 Hydroelectric LLC; Riverbank Hydro No. 7 LLC; Lock Hydro
Friends Fund XXXVIII Notice of Competing Preliminary Permit
Applications Accepted for Filing And Soliciting Comments, Motions To
Intervene, and Competing Applications

    On May 2, 2011, Solia 2 Hydroelectric LLC (Solia), Riverbank Hydro
No. 7 LLC (Riverbank) and on May 3, 2011, Lock Hydro Friends Fund
XXXVIII (Lock Hydro) filed preliminary permit applications, pursuant to
section 4(f) of the Federal Power Act, proposing to study the
feasibility of a hydropower project at the U.S. Army Corps of
Engineers' (Corps) Arkansas Lock & Dam No. 5, located on the Arkansas
River in Jefferson County, Arkansas. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    Solia's Project No. 14157-000 would consist of: (1) A 230-foot-
long, headrace intake channel; (2) a powerhouse containing two
generating units with a total capacity of 32.0 megawatts (MW); (3) a
240-foot-long tailrace; (4) a 1.6-mile-long, 34.5 kilo-Volts (kV)
transmission line. The proposed project would have an average annual
generation of 154.0 gigawatt-hours (GWh), and operate run-of-river
utilizing surplus water from the Arkansas Lock & Dam No. 5, as directed
by the Corps.
    Applicant Contact: Mr. Douglas Spaulding, Nelson Energy LLC, 8441
Wayzata Blvd., Suite 101, Golden Valley, MN 55426.<PHONE_NUMBER>.
    Riverbank's Project No. 14161-000 would consist of: (1) A forebay;
(2) an intake structure; (3) a powerhouse containing three generating
units with a total capacity of 60.9 MW; (4) a tailrace structure; and
(5) a 2.9-mile-long, 69 KV transmission line. The project would have an
estimated average annual generation of 190.0 GWh, and operate run-of-
river utilizing surplus water from the Arkansas Lock & Dam No. 5, as
directed by the Corps.
    Applicant Contact: Mr. Kuo-Bao Tong, Riverbank Power Corporation,
Royal Bank Plaza, South Tower, P.O. Box 166, 200 Bay Street, Suite
3230, Toronto, ON, Canada M5J2J4.<PHONE_NUMBER> x 154.
    Lock Hydro's Project No. 14184-000 would consist of: (1) One lock
frame modules, the frame module will be 109-feet long, 40-feet-high and
contain ten generating units with a total combined capacity of 20.0 MW;
(2) a new switchyard containing a transformer; and (3) a proposed 3.0-
mile-long, 115 kV transmission line to an existing distribution line.
The proposed project would have an average annual generation of 131.490
GWh, and operate run-of-river utilizing surplus water from the Arkansas
Lock & Dam No. 5, as directed by the Corps.
    Applicant Contact: Mr. Wayne F. Krouse, Hydro Green Energy, 5090
Richmond Avenue 390, Houston, TX 77056.<PHONE_NUMBER> x 709.
    FERC Contact: Michael Spencer<EMAIL_ADDRESS>(202) 502-
6093.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14157-000, P-14161-000, 14184-000) in the
docket number field to access the document. For assistance, contact
FERC Online Support.

    Dated: October 25, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-28097 Filed 10-28-11; 8:45 am]
BILLING CODE 6717-01-P


                EPA Presentation on UST Regs at SBA Roundtable
                               January 27, 2012

EPA OUST Attendees:
Carolyn Hoskinson
Paul Miller
Cho Yi Kwan

In person attendees at SBA Roundtable:
Kevin Bromberg, SBA
Heidi King
Jonathan Gledhill
Jack Snyder
Anne LeHuray
Jeff Longsworth
Leslie Ritts
David C. Ailor
Elahe Zahirieh
Charlie Grizzle
Dan Bosch
Bill Weissman
Lauren Bailey
Richard Belzer
Sarah Bresolin Silver, SBA
Jonathan Tolman
Jane Luxton

EPA presented a general overview of the proposed changes to the UST regulations and walked through the comparison document that can be found at http://www.epa.gov/oust/fedlaws/Crosswalk.pdf
SBA roundtable members asked a number of questions about wastewater tanks.


[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68330-68331]
[FR Doc No: 2019-26857]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0563; Airspace Docket No. 19-ANE-4]
RIN 2120-AA66

Amendment of Class E Airspace; Pittsfield, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Pittsfield Municipal Airport, Pittsfield, MA,
to accommodate airspace reconfiguration due to the redesign of the
Localizer (LOC)/Distance Measuring Equipment (DME) Runway (RWY) 26
approach. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations at this airport.
This action also updates the geographic coordinates of this airport.

DATES: Effective 0901 UTC, January 30, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface for Pittsfield Municipal Airport, Pittsfield, MA, due to the
redesign of the LOC/DME RWY 26 approach.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 41938, August 16, 2019) for Docket No. FAA-2019-0563 to
amend Class E airspace extending upward from 700 feet above the surface
for Pittsfield Municipal Airport, Pittsfield, MA, due to the redesign
of the LOC/DME RWY 26 approach.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface at Pittsfield Municipal Airport, Pittsfield, MA, by
increasing the airport radius to 9.6 miles (from 4 miles), enlarging
the northeast extension of the airport to 6-miles each side of a
064[deg] bearing of the airport, extending from the 9.6-mile radius to
18-miles northeast of the airport, and eliminating the southwest
extension of the airport to accommodate airspace reconfiguration due to
the redesign of the LOC/DME RWY 26 approach into the airport. Also, the
geographic coordinates of the airport are adjusted to coincide with the
FAA's aeronautical database. These changes are necessary for continued
safety and management of IFR operations at this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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. Since
this is a routine matter that only affects air traffic procedures and
air navigation, it is certified that this rule, when promulgated, does
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019,
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE MA E5 Pittsfield, MA [Amended]

Pittsfield Municipal Airport, MA
    (Lat. 42[deg]25'39'' N, long. 73[deg]17'27'' W)

That airspace extending upward from 700 feet above the surface
within a 9.6-mile radius of the Pittsfield Municipal Airport, and
within 6-miles each side of the 064[deg] bearing of the airport,
extending from the 9.6-mile radius to 18-miles northeast of the
airport.

    Issued in College Park, Georgia, on December 4, 2019.
Ryan Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019-26857 Filed 12-13-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]
[Page 6740-6741]
[DOCID:fr10fe10-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61482; File No. SR-NYSEArca-2010-06]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Adding 75 Options
Classes to the Penny Pilot Program

February 3, 2010.
    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 January 28, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to designate 75 options classes to be added
to the Penny Pilot Program for Options (``Penny Pilot'' or ``Pilot'')
on February 1, 2010. There are no changes to the rule text. A copy of
this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office, at the Commission's
Public Reference Room and on the Commission's Web site at http://
www.sec.gov.

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

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

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

1. Purpose
    NYSE Arca proposes to identify the next 75 options classes to be
added to the Penny Pilot effective February 1, 2010. The Exchange
recently received approval to extend and expand the Pilot through
December 31, 2010.\3\ In that filing, the Exchange had proposed
expanding the Pilot on a quarterly basis to add the next 75 most
actively traded multiply listed options classes based on national
average daily volume for the six months prior to selection, closing
under $200 per share on the Expiration Friday prior to expansion,
except that the month immediately preceding their addition to the Penny
Pilot will not be used for the purpose of the six month analysis.\4\
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    \3\ See Exchange Act Release No. 60711 (September 23, 2009), 74
FR 49419 (September 28, 2009) (order approving SR-NYSEArca-2009-44).
    \4\ Index products would be included in the expansion if the
underlying index level was under 200.
---------------------------------------------------------------------------

    NYSE Arca proposes adding the following 75 options classes to the
Penny Pilot on February 1, 2010, based on national average daily volume
from July 1, 2009 through December 31, 2009:

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Nat'l ranking                   Symbol                  Company name               Nat'l ranking            Symbol             Company name
--------------------------------------------------------------------------------------------------------------------------------------------------------
131..............................  ABT.................  Abbott Laboratories.            192.................  LEAP................  Leap Wireless
                                                                                International Inc.
169..............................  AEM.................  Agnico-Eagle Mines Ltd.         205.................  LLY.................  Eli Lilly & Co.
151..............................  AET.................  Aetna Inc.                      162.................  LO..................  Lorillard Inc.
156..............................  AFL.................  Aflac Inc.                      152.................  LOW.................  Lowe's Cos Inc.
181..............................  AKAM................  Akamai Technologies Inc.        176.................  M...................  Macy's Inc.
178..............................  AMAT................  Applied Materials Inc.          155.................  MCO.................  Moody's Corp.
117..............................  AMR.................  AMR Corp.                       217.................  MET.................  MetLife Inc.
166..............................  ANF.................  Abercrombie & Fitch Co.         187.................  MMM.................  3M Co.
172..............................  APC.................  Anadarko Petroleum Corp.        140.................  MU..................  Micron Technology
                                                                                Inc.
209..............................  ATVI................  Activision Blizzard Inc.        177.................  NUE.................  Nucor Corp.
145..............................  BBD.................  Banco Bradesco SA.              157.................  OXY.................  Occidental
                                                                                Petroleum Corp.
190..............................  BCRX................  BioCryst Pharmaceuticals Inc.   158.................  PARD................  Poniard
                                                                                Pharmaceuticals
                                                                                Inc.
218..............................  BK..................  Bank of New York Mellon Corp/   150.................  PEP.................  PepsiCo Inc/NC.
                                                          The.
194..............................  BRCM................  Broadcom Corp.                  141.................  PM..................  Philip Morris
                                                                                International Inc.
184..............................  BTU.................  Peabody Energy Corp.            185.................  PNC.................  PNC Financial
                                                                                Services Group
                                                                                Inc.
144..............................  BX..................  Blackstone Group LP.            216.................  QID.................  ProShares
                                                                                UltraShort QQQ.
200..............................  CAL.................  Continental Airlines Inc.       149.................  SHLD................  Sears Holdings
                                                                                Corp.
211..............................  CF..................  CF Industries Holdings Inc.     175.................  SLM.................  SLM Corp.
142..............................  CMCSA...............  Comcast Corp.                   212.................  SLW.................  Silver Wheaton
                                                                                Corp.
203..............................  CSX.................  CSX Corp.                       215.................  SQNM................  Sequenom Inc.
143..............................  CVS.................  CVS Caremark Corp.              153.................  STEC................  STEC Inc.
174..............................  CX..................  Cemex SAB de CV.                219.................  STX.................  Seagate Technology.
183..............................  DD..................  EI du Pont de Nemours & Co.     202.................  SU..................  Suncor Energy Inc.
146..............................  ERTS................  Electronic Arts Inc.            207.................  TCK.................  Teck Resources Ltd.
121..............................  EWJ.................  iShares MSCI Japan Index Fund.  196.................  TEVA................  Teva Pharmaceutical
                                                                                Industries Ltd.
186..............................  FDX.................  FedEx Corp.                     135.................  TLT.................  iShares Barclays
                                                                                20+ Year Treasury
                                                                                Bond Fund.
118..............................  FNM.................  Federal National Mortgage       214.................  TZA.................  Direxion Daily
                                                          Association.                                                                Small Cap Bear 3X
                                                                                Shares.
182..............................  FRE.................  Federal Home Loan Mortgage      168.................  UAUA................  UAL Corp.
                                                          Corp.
179..............................  GILD................  Gilead Sciences Inc.            154.................  URE.................  ProShares Ultra
                                                                                Real Estate.
198..............................  GLW.................  Corning Inc.                    180.................  UTX.................  United Technologies
                                                                                Corp.
170..............................  HBC.................  HSBC Holdings PLC.              204.................  WFR.................  MEMC Electronic
                                                                                Materials Inc.
197..............................  HES.................  Hess Corp.                      115.................  WFT.................  Weatherford
                                                                                International Ltd.

161..............................  HL..................  Hecla Mining Co.                165.................  WLP.................  WellPoint Inc.
193..............................  HOG.................  Harley-Davidson Inc.            191.................  XLB.................  Materials Select
                                                                                Sector SPDR Fund.
206..............................  HON.................  Honeywell International Inc.    173.................  XRX.................  Xerox Corp.
210..............................  JOYG................  Joy Global Inc.                 148.................  XTO.................  XTO Energy Inc.
213..............................  JWN.................  Nordstrom Inc.                  130.................  YRCW................  YRC Worldwide Inc.
137..............................  KFT.................  Kraft Foods Inc.
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act, in that it
is designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest, by identifying the options classes to be added to the
Pilot in a manner consistent with prior approvals and filings.

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(i) of the Exchange Act \5\ and Rule 19b-4(f)(1)
thereunder,\6\ in that it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule of the Exchange. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate the rule change if it appears to the Commission that
the action is necessary or appropriate in the public interest, for the
protection of investors, or would otherwise further the purposes of the
Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(i).
    \6\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-06. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web viewing
and printing in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at NYSE Arca's principal office and on its Web
site at http://www.nyse.com. 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 No. SR-NYSEArca-2010-06 and should be submitted on or before March
3, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2944 Filed 2-9-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56253-56254]
[FR Doc No: 2012-22462]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Ninth Meeting: RTCA Special Committee 225, Rechargeable Lithium
Battery and Battery Systems--Small and Medium Size

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

ACTION: Meeting Notice of RTCA Special Committee 225, Rechargeable
Lithium Battery and Battery Systems--Small and Medium Size.

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SUMMARY: The FAA is issuing this notice to advise the public of the
ninth meeting of the RTCA Special Committee 225, Rechargeable Lithium
Battery and Battery Systems--Small and Medium Size.

DATES: The meeting will be held October 9-11, 2012, from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 225. The agenda will
include the following:

Tuesday, October 9, 2012

     Introductions and administrative items.
     Review agenda.
     Review and approval of summary from last plenary meeting.
     Review schedule for upcoming Plenaries, working group
meetings, and document preparation.
     Review action items.
     Working Group Meeting--Review draft document.

Wednesday, October 10, 2012

     Review agenda, other actions.
     Working Group Meeting--Review draft document.

Thursday, October 11, 2012

     Review agenda, other actions.
     Verify dates of next plenary and upcoming working group
meetings.
     Establish Agenda for next plenary meeting.
     Working Group Meeting--Review draft document.
     Working Group report, review progress and actions.
     Review new action items
     Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 6, 2012.
David Sicard,
Manager, Business Operations Group, Federal Aviation Administration.
[FR Doc. 2012-22462 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-13-P


Fuel Manufacturer Notification for Motor Vehicle Fuel Instructions GENERAL INFORMATION A manufacturer of a motor vehicle gasoline or motor vehicle diesel fuel may not sell, offer for sale, or introduce into commerce such fuel unless it has been registered by the United States Environmental Protection Agency ( EPA) in accordance with the regulations at 40 CFR 79. These regulations and a list of registered fuels are available at www. epa. gov/ otaq/ additive. htm .

A fuel manufacturer is any person who, for sale or introduction into commerce, produces, manufactures, or imports a fuel or causes or directs the alteration of the chemical composition of a bulk fuel, or the mixture of chemical compounds in a bulk fuel, by adding to it an additive, except:

( 1) A party ( other than a fuel refiner or importer) who adds a quantity of additive( s) amounting to less than 1.0 percent by volume of the resultant additive( s)/ fuel mixture is not thereby considered a fuel manufacturer.

( 2) A party ( other than a fuel refiner or importer) who adds an oxygenate compound to fuel in any otherwise allowable amount is not thereby considered a fuel manufacturer.

An additive is any substance, other than one composed solely of carbon and/ or hydrogen, that is intentionally added to a fuel ( including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use of the fuel.

The registration process is initiated by submitting a Fuel Manufacturer Notification for Motor Vehicle Fuel, EPA Form 3520 12, to:

Specific instructions for completing the form follow. For additional information see the regulations entitled " Registration of Fuels and Fuel Additives" at 40 CFR 79, or contact the office above.

The EPA is responsible for assessing the impact on public health and welfare from exposure to motor vehicle emissions. Knowledge of fuel composition, as reported by each manufacturer, is an important aspect of this program.

SPECIFIC INSTRUCTIONS Please type ( best results are obtained using standard fonts such as Courier or Arial) or print the information using a dark colored ink. If using a photocopied version of the form, please ensure the copy is clean and has been copied to 100% of the original page size. Via U. S. Postal Service U. S. Environmental Protection Agency Attn: Fuel Registration/ Suite L  103 Mail Code  6406J 1200 Pennsylvania Avenue, NW Washington, DC 20460 0001 Telephone: ( 202) 564 9754 Fax: ( 202) 565 2153 email: caldwell. jim@ epa. gov, fernandes. joseph@ epa. gov or Via Courier U. S. Environmental Protection Agency Attn: Fuel Registration/ Suite L 103 Mail Code  6406J 501 Third Street, NW Washington, DC 20001 Item 1. Brand Name( s): List the brand name( s) under which your company markets the fuel described on this form. If you market it under more than one name, all names should be listed. The first name listed will be considered the primary name.

Item 2. Company Name: Enter the company's legal name.

Item 3. Company ID : If known, enter the EPA assigned four digit ID. Leave blank if this is your first manufacturer notification.

Item 4. Address : Enter the address of the company office responsible for submiting this form.

Item 5. Type of fuel : Check the appropriate category. If you believe the fuel falls into the " Other" category, contact the registration office for assistance. A separate notification should be filed for each fuel grade. However, for gasoline, the three grades may be combined if covered by the properties in section 6. In that case, mark only Unleaded Regular Gasoline. Page 1 of 4 Fuel Manufacturer Notification Instructions ( 6 2003) Item 6. Fuel Properties: To the extent known, provide the highest, lowest, and average concentrations, in weight percent, for the listed characteristics/ properties. Also, to the extent known, provide methods of analysis for ( a) through ( f). For any item for which measurements are not available, enter " Not Measured." If a standard method of analysis is used, identify it ( e. g., ASTM D 1319). If not, describe the method used on a separate sheet. Please use metric measurements.

Items 7. Additives : Provide the full commercial identifying name, additive manufacturer's full name, range of concentration, and purpose in use for each additive that may be used in the fuel. For purpose in use, use the appropriate symbol( s) from the following list:

For range of concentration, give the expected or estimated concentration range. Concentration ranges should be expressed in milligrams of additive per liter of fuel. However, fuel additives which are oxygenates may be expressed as a percent volume. Please indicate on the form when a percent volume is used. Certified detergents must be expressed as gallons of detergent additive package per thousand gallons of gasoline ( gal/ kgal). Use the following definitions:

Highest concentration: The highest concentration at which the additive will be used in the finished fuel.

Lowest concentration: The lowest concentration at which the additive will be used in the finished fuel. Note: If the additive is used at one refinery producing the registered fuel but not at another producing the same fuel, the lowest concentration figure is zero, as some of that fuel does not contain that additive.

Average concentration: The average additive concentration in the fuel to be registered. The average is the total amount of the additive proposed to be used in the fuel during a three month period, divided by the anticipated total production of that fuel during the same period. Therefore, the divisor ( total fuel production) will be the same for all additives listed on this form. ( a) Anti icing agent/ moisture absorbent ( ac) Additive component ( b) Antiknock ( gasoline only) ( af) Anti flamant ( c) Antioxidant ( an) Acid neutralizer ( d) Antistall agent ( bc) Blended component/ blend stock ( e) Antistatic agent ( bd) Biodiesel ( f) Cetane improver ( diesel only) ( ca) Carrier ( g) Combustion improver/ modifier ( cc) Combustion chamber cleaner ( h) Corrosion inhibitor ( cp) Cloud point depressant ( i) Deposit modifier/ control ( dc) Detergent compound ( j) Non certified detergent ( df) Defoamer ( k) Dye ( di) Dilutent ( l) Gum solvent ( ec) Emission control ( m) Masking or odorizing agent ( es) Exhaust system cleaner ( n) Metal deactivator ( fr) Certified detergent ( o) Pour point depressant ( diesel only) ( ia) Identifying agent ( p) Sediment inhibitor ( ic) Fuel injector cleaner ( q) Stabilizer or dispersant ( iv) Intake valve cleaner ( r) Upper cylinder lubricant ( la) Lubricity agent ( s) Octane enhancer ( gasoline only) ( mr) Marker ( t) Flow improver ( ox) Oxygenate ( u) Volume extender ( pc) Process chemical ( v) Carburetor and choke cleaner ( ri) Rust inhibitor ( w) Algaecide/ bactericide/ fungicide ( sf) Starting fluid ( x) Valve lubricant ( sw) Sweetener ( y) Demulsifier/ dehazer ( tr) Tracer Item 8. Detection : Self explanatory Item 9. Mechanisms of Action : Self explanatory Page 2 of 4 Fuel Manufacturer Notification Instructions ( 6 2003) Item 10. Market Distribution: Each Petroleum Administration for Defense District ( PADD) is defined as follows:

PADD1 PADD2 PADD3 PADD4 PADD5 Connecticut Illinois Alabama Colorado Alaska Delaware Indiana Arkansas Idaho Arizona District of Columbia Iowa Louisiana Montana California Florida Kansas Missouri Utah Hawaii Georgia Kentucky New Mexico Wyoming Nevada Maine Michigan Texas Oregon Maryland Minnesota Washington Massachusetts Mississippi New York Nebraska New Hampshire North Dakota New Jersey Ohio North Carolina Oklahoma Pennsylvania South Dakota Rhode Island Tennessee South Carolina Wisconsin Vermont Virginia West Virginia Item 11. Conventional source: Self explanatory.

Item 12. Small Business Provision: A baseline gasoline:

( 1) contains no elements other than carbon, hydrogen, oxygen, nitrogen, and/ or sulfur, ( 2) contains less than 1.5 percent oxygen by weight, ( 3) possesses the physical and chemical characteristics of unleaded gasoline, as specified by American Society for Testing and Materials ( ASTM) standard D 4814  93a, in at least one Seasonal and Geographical Volatility Class, and ( 4) is derived only from conventional petroleum, heavy oil deposits, coal, tar sands, and/ or oil sands.

A nonbaseline gasoline meets the requirements for baseline gasoline, with the following exceptions:

( 1) contains 1.5 percent or greater oxygen by weight, and/ or ( 2) is derived from sources other than conventional petroleum, heavy oil deposits, coal, tar sands, and/ or oil sands.

An atypical gasoline does not meet the requirements for a baseline gasoline or a nonbaseline gasoline. For example, it could contain an additive which has an element other than carbon, hydrogen, oxygen, nitrogen, and sulfur.

A baseline diesel fuel: ( 1) contains no elements other than carbon, hydrogen, oxygen, nitrogen, and/ or sulfur, ( 2) contains 0.05 percent or less sulfur by weight, ( 3) contains less than 1.0 percent oxygen by weight, ( 4) possesses the characteristics of diesel fuel as specified by ASTM D 975 93, and ( 5) is derived only from conventional petroleum, heavy oil deposits, coal, tar sands, and/ or oil sands.

A nonbaseline diesel fuel meets the requirements for baseline diesel fuel, with the following exceptions:

( 1) contains 1.0 percent or more oxygen by weight, and/ or ( 2) is derived from sources other than conventional petroleum, heavy oil deposits, coal, tar sands, and/ or oil sands.

An atypical diesel fuel contains 0.05 percent or less sulfur by weight and does not meet the requirements for a baseline diesel fuel or a nonbaseline diesel fuel. For example, it could contain an additive which has an element other than carbon, hydrogen, oxygen, nitrogen, and sulfur.

Item 13. Grouping : Self explanatory.

Item 14. Confidentiality: Check the number( s) of those items for which your company asserts a claim of confidentiality.

Item 15. Attached Information: Check the appropriate box. List a description for each item attached to the notification.

Item 16. Certification : The notification form must be signed and dated by the fuel manufacturer or its authorized agent. The printed name of the signer and the signer's telephone number should be given. If the form is signed by an authorized agent, the company must provide a letter authorizing such agent. Page 3 of 4 Fuel Manufacturer Notification Instructions ( 6 2003) The public reporting burden for this Environmental Protection Agency ( EPA) collection of information is estimated to average 4 hours per response. This includes time for reviewing instructions and regulations, searching company records, gathering the needed data, and completing, reviewing, copying, and transmitting the collection of information.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137) 401 M St., S. W., Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office of Management of Budget, 725 17th Street, NW, Washington, DC 20503, Attention, Desk Officer for EPA. Include the EPA ICR number 0309.10 and OMB control number 2060 0150 in any correspondence.

NOTE: This office is operated by a contractor, MACI ( Arlington, VA) for the EPA, under contract number 68 W 01 050. Information submitted with this form will be provided to MACI for processing into a database at the registration office. Page 4 of 4 Fuel Manufacturer Notification Instructions ( 6 2003)


[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76565-76566]
[FR Doc No: 2020-26310]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0561; FRL-10016-63-OGC]

Proposed Settlement Agreements, Clean Water Act and Endangered
Species Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's October 16, 2017, Directive Promoting Transparency and
Public Participation in Consent Decrees and Settlement Agreements,
notice is hereby given of a proposed stipulated order of partial
dismissal to address several claims in a lawsuit filed by Northwest
Environmental Advocates in the U.S. District Court for the District of
Idaho. On September 24, 2013 the Northwest Environmental Advocates and
the Idaho Conservation League (collectively ``Plaintiffs'') filed an
amended complaint bringing claims against the EPA alleging, among other
things, that it failed to perform duties mandated by the Endangered
Species Act (ESA) to consult with the Fish & Wildlife Service and the
National Marine Fisheries Service (collectively ``the Services'')
regarding its actions under the Clean Water Act (CWA) and that EPA
failed to complete various mandatory duties under the CWA with respect
to various new and revised water quality standards adopted by the Idaho
Department of Environmental Quality. EPA seeks public input on the
proposed stipulated order of partial dismissal prior to its final
decision-making to settle the litigation.

DATES: Written comments on the proposed settlement agreements must be
received by December 30, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0561, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of the General Counsel Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30

a.m. to 4:30 p.m., Monday through Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
    For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets

FOR FURTHER INFORMATION CONTACT: Thomas Glazer, Water Law Office
(2355A), Office of General Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone:
(202) 564-0908; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Stipulated Partial
Dismissal

    On June 15, 2013, Plaintiffs filed suit in the federal district
court for the District of Idaho against the Services. The original
complaint alleged that the Services unreasonably delayed or unlawfully
withheld completion of ESA consultation with EPA regarding new and
revised water quality standards that were submitted in 1996 and/or
1997. On September 24, 2013, Plaintiffs filed an amended complaint
adding various CWA and ESA claims against EPA regarding dozens of Idaho
water quality standard submissions dating back to 1994. Broadly
speaking, Plaintiffs' claims fell into two categories: claims that EPA
failed to consult with the Services on various water quality standard
approval actions and claims that EPA failed to complete its mandatory
duties under the CWA with respect to various new and revised water
quality standards adopted by the State. In April 2015, the Services
entered a stipulated dismissal with Plaintiffs, by which they agreed to
complete certain ESA obligations. This left EPA as the sole defendant
in the case.
    On February 28, 2019, the court partially granted EPA's motion to
dismiss a number of claims on statute of limitations grounds,
dismissing all ESA failure-to-consult claims regarding EPA actions that
predated September 24, 2007--6 years prior to filing the amended
complaint. The court declined to dismiss any CWA mandatory duty claims,
finding that the statute of limitations did not require dismissal
because Plaintiffs had alleged an ongoing failure to act by EPA. This
left seven discrete claims against EPA alleging a failure to undertake
various duties pursuant to the ESA and CWA with regard to Idaho water
quality standards.
    The parties have negotiated a settlement framework in the form of a
stipulated order of partial dismissal. The court would enter the order
and retain jurisdiction to construe, carry out, enforce, modify, or
resolve any dispute regarding the terms and conditions of the order.
EPA and Plaintiffs negotiated a three-year timeline for EPA to complete
an effects determination pursuant to 50 CFR 402.14(a) for its May 22,
2008 approval of Idaho's revisions to its salmonid spawning timing
procedure and, as appropriate, to request initiation of any necessary
ESA section 7 consultation with the Services. The State has been
informed of the timeline and will be an applicant in any ESA
consultation. The Order would also resolve Plaintiffs' claim for
attorney's fees with an agreement to pay $37,000.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
obligations of EPA for resolution of the claims contained in the
proposed stipulated order of partial dismissal from persons who are not
named as original parties or intervenors to the litigation in question.
EPA or the Department of Justice may withdraw or withhold consent to
the proposed stipulated order of partial dismissal if the comments
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the CWA or ESA. Unless EPA or the Department of Justice
determines that consent to this proposed stipulated order of partial
dismissal should be withdrawn, the terms of the proposed stipulated
order of partial dismissal will be affirmed and entered with the court.

II. Public Participation

    Written Comments
    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0561, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

    Dated: November 17, 2020.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2020-26310 Filed 11-27-20; 8:45 am]
BILLING CODE 6560-50-P