adequacy of the SIP's compliance with the requirement in CAA section
182(d)(1)(A) that the SIP provide adequate enforceable control measures
``to allow total area emissions to comply with RFP and attainment
requirements.'' NRDC argues that, because the area has not adopted
sufficient enforceable control measures to provide for attainment
(citing to its comments that the attainment demonstration is not
approvable because, inter alia, measures relied on in that
demonstration were not in the SIP), this provision must be met and EPA
must direct the State/District to adopt the additional measures needed
for attainment, either as TCMs to reduce motor vehicle emissions, or as
controls on other source categories so that total emissions reductions
provide for attainment.
    Response: CAA section 182(d)(1)(A) requires the State to ``submit a
revision that identifies and adopts specific enforceable transportation
control strategies and transportation control measures * * * to attain
reductions in motor vehicle emissions as necessary, in combination with
other emission reduction requirements of [title 1, part D, subpart 2],
to comply with the requirements of [sections 182] (b)(2)(B) and
(c)(2)(B)'' and ``to consider measures specified in section 108(f) * *
* and to choose from among and implement such measures as necessary to
demonstrate attainment.''
    We have determined that the South Coast 2007 8-hour Ozone plan
meets the RFP requirements in sections 182(b)(2)(B) and (c)(2)(B) and
demonstrates attainment consistent with the subpart 2 requirements and
thus also meets the requirements of section 182(d)(1)(A) to adopt
transportation control strategies and TCMs as necessary to demonstrate
RFP and attainment. See 76 FR 57872, 57890 and TSD, section II.F.3; see
also TSD, section III.A.2. (responding to comments on the approvability
of the baseline emissions inventory and the attainment demonstration).
The SIP also includes documentation that the state considered the
transportation control measures listed in CAA section 108(f), evaluated
their effectiveness in contributing to expeditious attainment, and
concluded that they would not. See South Coast 2007 AQMP, Appendix IV-
C; 76 FR 57872, 57879 and 57890 and TSD, sections II.C.2.b. and II.F.2.
    We disagree with NRDC's summary of the CAA section 182(d)(1)(A)
requirements related to RFP and attainment. This specific section does
not require that the SIP provide ``adequate enforceable control
measures `to allow total area emissions to comply with RFP and
attainment requirements' '' but rather it requires that the state adopt
enforceable transportation strategies and TCM as necessary in
combination with other emissions reduction requirement of subpart 2 to
demonstrate RFP and to implement TCMs as necessary to demonstrate
attainment. Thus, if other SIP provisions provide for RFP and
attainment consistent with applicable CAA requirements (including, in
this case, the provisions of CAA section 182(e)(5)), then the state has
no obligation under section 182(d)(1)(A) to adopt transportation
control strategies and TCMs for RFP and attainment purposes.

F. Comments on Motor Vehicle Emissions Budgets

    See section IV. Motor Vehicle Emissions Budgets for Transportation
Conformity.

III. Approval Status of the Control Strategy Measures and Final Actions
on the Attainment Demonstration and Enforceable Commitments

A. Approval Status of Control Strategy Measures

    As part of its control strategy for attaining the 8-hour ozone
standards in the South Coast, the District made specific commitments to
adopt or revise fifteen measures for SIP credit on the schedule
identified in the revised 2007 AQMP. See SCAQMD, Revisions to the 2007
PM2.5 and Ozone State Implementation Plans for the South
Coast Air Basin and Coachella Valley (SIP Revisions), Tables 2 through
5. The District has now completed most of its adoption actions and EPA
has approved most of the adopted rules. See Table 1

below. The rules we have not yet approved have not been credited with
emissions reductions in the attainment demonstration.

  Table 1--Approval and Submittal Status of District Rules in the South
                             Coast 2007 AQMP
------------------------------------------------------------------------
                                                    Current SIP approval
        District rule             Adoption date            status
------------------------------------------------------------------------
Rule 445--Woodburning         03/07/08............  74 FR 27716, 6/11/
 fireplaces and wood stoves.                         09.
Rule 461--Gasoline transfer   03/07/08............  71 FR 18216, 4/11/
 and dispensing.                                     06.
Rule 1110.2--Liquid and       02/01/08............  74 FR 18995, 4/27/
 gaseous fuels--stationary                           09.
 ICEs.
Rule 1111--Further NOX        11/06/09............  75 FR 46845, 08/04/
 reductions from space                               10.
 heaters.
Rule 1127--Livestock Waste..  08/06/04............  Under EPA review.
Rule 1138--Restaurant         2012................  66 FR 36170, 7/11/
 Operations.                                         01.
Rule 1143--Consumer Paint     12/03/10............  76 FR 70888, 11/16/
 Thinners and Multi-Purpose                          11.
 Solvents.
Rule 1144--Vanishing oils     07/09/10............  76 FR 70888, 11/16/
 and rust inhibitors.                                11.
Rule 1145--Plastic, Rubber,   12/3/04.............  75 FR 40726, 07/14/
 Leather and Glass Coatings.                         10.
Rule 1146--NOX from           09/05/08............  Proposed limited
 industrial, institutional,                          approval/limited
 commercial boilers, steam                           disapproval 76 FR
 gens, and process heaters.                          40303, 7/8/11.
Rule 1146.1--NOX from small   09/05/08............  Proposed limited
 industrial, institutional,                          approval/limited
 commercial boilers, steam                           disapproval 76 FR
 gens, and process heaters.                          40303, 7/8/11.
Rule 1147--NOX reductions     12/05/08............  75 FR 46845, 08/04/
 from miscellaneous sources.                         10.
Rule 1149--Storage Tank and   05/02/08............  74 FR 67821, 12/21/
 Pipeline Cleaning and                               09.
 Degassing.
Rule 2002--Further SOX        11/4/10.............  76 FR 50128, 8/12/
 reductions from RECLAIM.                            11.
Rule 2301--Indirect Source    Scheduled for SCAQMD  ....................
 Review.                       Board adoption in
                               2012.
Rule 1123--Refinery Pilot     Scheduled for SCAQMD  N/A.
 Program.                      Board adoption in
                               February 2012 \a\.
Rule 2449--SOON program.....  5/2/08..............  Under EPA review.
AB923 Light and medium duty   No rules associated   N/A.
 vehicle high emitter          with these measures.
 program.
AB923 Light and medium duty   No rules associated   N/A.
 vehicle high emitter          with these measures.
 program.
------------------------------------------------------------------------
\a\ See SCAQMD Governing Board Agenda Item 22, December 2, 2011 Board
  Meeting.

    As part of its control strategy for attaining the 8-hour ozone
standards in the South Coast, CARB committed to propose certain
measures on the schedule identified in the 2007 State Strategy. These
commitments, which were updated in the 2011 Ozone SIP revision, and
their current approval status, are shown in Table 2. Of the measures
listed in the 2007 State Strategy's updated rulemaking schedule, we
note that only reductions from the ``SmogCheck Improvements,''
``Cleaner In-Use Heavy-Duty Trucks and Buses,'' ``Cleaner In-Use Off-
Road Equipment (over 25 hp),'' ``Ship Auxiliary Engine Cold Ironing and
Clean Technology,'' ``Cleaner Main Ship Engines and Fuel--Main
Engines,'' ``Clean UP Existing Harbor Craft,'' and ``Consumer
Products'' are currently credited with emissions reductions in the
attainment demonstration. See 76 FR 57872 (Table 5).
    Generally, EPA will approve a State plan that takes emissions
reduction credit for a control measure only where EPA has approved the
measure as part of the SIP, or in the case of certain on-road and
nonroad measures, where EPA has issued the related waiver of preemption
or authorization under CAA section 209(b) or section 209(e). In our
September 2011 proposed rule, in calculating and proposing to approve
the State's aggregate emissions reductions commitment in connection
with our proposed approval of the attainment demonstration, we assumed
that full final approval, waiver, or authorization of a number of CARB
rules would occur prior to our final action on the South Coast 8-hour
ozone plan. See 76 FR 57872, at 57880-57881 (Table 5). Two specific
CARB rules on which the attainment demonstration relies include the
Truck Rule and the Drayage Truck Rule. We proposed approval of both
rules at 76 FR 40652 (July 11, 2011), but will be unable to take final
action on the rules until after taking final action on the plan
because, while CARB has adopted the rules, the rules cannot take effect
until approved by the California Office of Administrative Law (OAL) and
such approval will not happen before EPA's final action must be taken
on the plan. On November 9, 2011, OAL approved the Drayage Truck rule,
and December 14, 2011 OAL approved the Cleaner In-Use Heavy Duty Truck
rule. CARB submitted the drayage rule on December 9, and the truck rule
on December 15, and we expect to complete action on these rules prior
to the effective date of this rule.
    Based on anticipated approval of these CARB rules, we are allowing
the plan's attainment demonstration, and our final approval of it, to
rely on the emissions reductions from the CARB rules for the following
reasons:
     Both rules have been adopted by CARB, approved by the
California OAL, and submitted to EPA as a revision to the California
SIP,\35\ and the adopted

versions are essentially the same as those for which EPA proposed
approval;
---------------------------------------------------------------------------

    \35\ The Truck Rule and Drayage Truck Rules were included in a
SIP submittal dated September 21, 2011. We have placed this SIP
submittal in the docket for this rulemaking.
---------------------------------------------------------------------------

     The comments that we have received on our proposed
approval of the CARB rules contend that the rules are costly and may
not be economically or technologically feasible, but such
considerations cannot form the basis for EPA disapproval of a rule
submitted by a state as part of a SIP [see Union Electric Company v.
EPA; 427 U.S. 246, 265 (1976)];
    We are confident that the final action on the rules will be
completed in the near term and that, as a result, continued reliance by
the South Coast 2007 8-hour ozone plan, and our final approval of it,
on the emissions reductions associated with the rules is reasonable and
appropriate. If, however, we are unable to complete a final action on
the rules prior to the effective date of today's action, we will take
appropriate remedial action to ensure that our action on the plan is
fully supportable or to reconsider that action.

       Table 2--Revised 2007 State Strategy Defined Measures Schedule for Consideration and Current Status
----------------------------------------------------------------------------------------------------------------
          State measures              Expected action  year         Implementation  date        Current status
----------------------------------------------------------------------------------------------------------------
                                     Defined Measures in 2007 State Strategy
----------------------------------------------------------------------------------------------------------------
Smog Check Improvements (Bureau    2007-2009..................  2008-2010; 2013............  Elements approved
 of Automotive Repair).                                                                       75 FR 38023 (July
                                                                                1, 2010).\36\
Expanded Vehicle Retirement (AB    2007.......................  2009.......................  Adopted by CARB,
 118).                                                                                June 2009; by BAR,
                                                                                September 2010.
Modifications to Reformulated      2007.......................  2010.......................  Approved 75 FR
 Gasoline Program.                                                                            26653 (May 12,
                                                                                2010).
Cleaner In-use Heavy Duty Trucks   2007, 2008, 2010...........  2011-2015..................  Proposed approval
 (includes Drayage Truck Rule).                                                               76 FR 40562, July
                                                                                11, 2011. See
                                                                                discussion above.
Auxiliary Ship Cold Ironing and    2007-2008..................  2010.......................  Waiver granted; 76
 Other Clean Technologies.                                                                    FR 77515, December
                                                                                13, 2011.
Cleaner Main Ship Engines and      Fuel: 2008-2011............  Fuel: 2009-2015............  Proposed approval
 Fuels.                                                                                76 FR 40562, July
                                                                                11, 2011. See
                                                                                discussion above.
                                   Engines: 2008..............  Engines: 2011..............
Port Truck Modernization.........  2007, 2008, 2010...........  2008-2020..................  Adopted December
                                                                                2007 and December
                                                                                2008.
Accelerated Introduction of        2008.......................  2012.......................  Prop 1B funds
 Cleaner Locomotives.                                                                         awarded to upgrade
                                                                                line-haul
                                                                                locomotive engines
                                                                                not already
                                                                                accounted for by
                                                                                enforceable
                                                                                agreements with
                                                                                the railroads.
                                                                                Those cleaner line-
                                                                                hauls will begin
                                                                                operation by 2012.
Clean Up Existing Harbor Craft...  2007, 2010.................  2009-2018..................  Waiver granted; 76
                                                                                FR 77521, December
                                                                                13, 2011.
Cleaner In-Use Off-Road Engines..  2007, 2010.................  2009.......................  Waiver decision
                                                                                pending.
New Emissions Standards for        2013.......................  tbd........................  Partially adopted,
 Recreational Boats.                                                                          July, 2008;
                                                                                additional action
                                                                                expected 2013.
Expanded Off-Road Recreational     2013.......................  tbd........................  Partially adopted,
 Vehicle Emissions Standards.                                                                 July, 2008;
                                                                                additional action
                                                                                expected 2013.
Enhanced Vapor Recovery for Above  2008.......................  2009-2016..................  Adopted June, 2007.
 Ground Storage Tanks.
Additional Evaporative Emissions   2009.......................  2010-2012..................  Partial adoption:
 Standards.                                                                                September, 2008
                                                                                (outboard marine
                                                                                tanks).
Consumer Products Program (I &     2008, 2009, 2011...........  2010-2014..................  Approved 74 FR
 II).                                                                                57074 (November 4,
                                                                                2009), 76 FR 27613
                                                                                (May 12, 2011),
                                                                                and approval
                                                                                signed December 7,
                                                                                2011.
----------------------------------------------------------------------------------------------------------------
Sources: 2009 State Strategy Status Report, p. 23 (footnotes in original not included) and 2011 Progress Report,
  Appendix B, Table B-1. Additional information from www.ca.arb.gov. Only defined measures with 8-hour ozone,
  VOC, SOX or NOX reductions in South Coast are shown here.

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

    \36\ California Assembly Bill 2289, passed in 2010, requires the
Bureau of Automotive Repair to direct older vehicles to high
performing auto technicians and test stations for inspection and
certification effective 2013.
---------------------------------------------------------------------------

B. Enforceable Commitments

    For the 2007 Ozone Plan, the District committed to achieve certain
aggregate emissions reductions of NOX and VOC. See SCAQMD,
Revisions to the 2007 PM2.5 and Ozone State Implementation
Plans for the South Coast Air Basin and Coachella Valley (SIP
Revisions), Table 1. EPA is approving these aggregate emissions
reductions commitments.

     Table 3--South Coast AQMD 2007 Ozone Plan Emissions Reductions
                               Commitments
                       [2023 Tons per summer day]
------------------------------------------------------------------------
                                                         NOX       VOC
------------------------------------------------------------------------
2023................................................       9.2     19.3
------------------------------------------------------------------------
Source: SCAQMD, 2007 AQMP, Table 4-2A, page 4-10, as revised by Appendix
  F of the 2011 Progress Report.

    In the 2007 State Strategy, CARB committed to achieve certain
aggregate emissions reductions of 141 tpd NOX and 54 tpd VOC
in the South Coast by the attainment year of 2023 that are sufficient,
in combination with existing SIP-creditable measures, the District's
commitments, and commitments for reductions under the CAA section
182(e)(5) new technologies provision, to attain the 1997 8-hour ozone
standards in the South Coast by the applicable attainment date of June
15, 2024. CARB also made enforceable commitments to achieve aggregate
emissions reductions in the South Coast in the RFP milestone years of
2014 and 2020. See 2007 State Strategy, p. 63; CARB Resolution 07-28,
Attachment B, p. 4; and 2009 State Strategy Status Report, p. 20. See
Table 4 below.

  Table 4--CARB Commitments to Specific Aggregate Emissions Reductions
                          [Tons per summer day]
------------------------------------------------------------------------
                                                         NOX       VOC
------------------------------------------------------------------------
2014................................................       152        46
2020 \a\............................................       144        52
2023................................................       141        54
2023 CAA 182(e)(5)..................................       241       40
------------------------------------------------------------------------
\a\ The 2020 commitment in the South Coast is necessary to provide for
  attainment in the downwind nonattainment areas. The South Coast 8-hour
  ozone plan does not rely on this emission reduction commitment for
  2020. Source: 2009 State Strategy Status Report, p. 20.

    The 2011 Ozone SIP Revision revised the State's emissions estimates
for certain source categories and projection years and provided
additional information on the State and District's progress to date in
achieving their total emission reduction commitments. In this action,
we are approving CARB's and the SCAQMD's emission reduction commitments
as submitted in the 2007 State Strategy, 2009 State Strategy Update and
the 2007 AQMP without change, because we do not have sufficient
information to determine how the 2011 SIP Revision alters the State's
near-term and long-term emission reduction commitments. We note that
the amount and relative proportion of reductions from measures
scheduled for long-term adoption under section 182(e)(5), as compared
to measures already adopted or scheduled for near-term adoption, should
decrease in any future SIP update.

IV. Approval of Motor Vehicle Emissions Budgets for Transportation
Conformity

    CARB submitted revised transportation conformity motor vehicle
emissions budgets for the South Coast nonattainment area and their
documentation in Appendices A and C, respectively, of the 2011 Ozone
SIP Revision. The revised budgets are for NOX and VOC for
the RFP years of 2011, 2014, 2017 and 2020, and the attainment year of
2023. No budgets were included for the RFP year of 2008 because it is
no longer applicable as a conformity analysis year. Additional
information associated with the motor vehicle emission budget
calculations were provided in Attachment 1 of the CARB Ozone SIP
Revision supplement and an electronic mail from CARB.\37\
---------------------------------------------------------------------------

    \37\ See electronic mail from Douglas Ito, Chief, Air Quality
and Transportation Planning Branch, CARB, to Elizabeth Adams, Deputy
Director, Air Division, EPA Region 9, dated August 11, 2011.
---------------------------------------------------------------------------

    As part of our review of the approvability of the budgets, we have
evaluated the revised budgets using our adequacy criteria in 40 CFR
93.318(e)(4). We posted the revised budgets on our Web site for
adequacy review on September 19, 2011 for a 30-day comment period which
ended on October 19, 2011 (see http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). We received no comments on our adequacy
posting. We have completed our adequacy review of these budgets (see
the TSD, Section H) and also have completed our detailed review of the
South Coast 2007 8-hour ozone plan and supplemental submittals,
including the 2011 Ozone SIP Revision, and are approving the SIP's
attainment and RFP demonstrations. We have also reviewed the revised
budgets submitted with the 2011 Ozone SIP Revision and have found that
they are consistent with the attainment and RFP demonstrations and are
based on control measures that have already been adopted and
implemented. Therefore, we are approving the 2011, 2014, 2017, 2020 and
2023 budgets as shown in Table 5 below.
    Now that the approval of the budgets is finalized, the area's
metropolitan planning organization, the Southern California Association
of Governments (SCAG) and the U.S. Department of Transportation are
required to use the revised budgets in transportation conformity
determinations after the effective date of the approval. Due to the
formatting of the budgets (combining emissions changes, recession
impacts and reductions from control measures), CARB will need to
provide SCAG with emission reductions associated with the control
measures incorporated into the budgets for the appropriate analysis
years in future conformity determinations per 40 CFR section 93.122. In
addition, for these conformity determinations, the motor vehicle
emissions from implementation of the transportation plan should be
projected and compared to the budgets at the same level of accuracy as
the budgets in the plan, for example, emissions should be rounded to
the nearest ton (e.g., 11 tpd).

                      Table 5--Motor Vehicle Emissions Budgets in the South Coast 2007 8-Hour Ozone SIP as Revised on July 21, 2011
                                                                  [Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      2011              2014              2017              2020              2023
                                                               -----------------------------------------------------------------------------------------
                                                                  VOC      NOX      VOC      NOX      VOC      NOX      VOC      NOX      VOC      NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
South Coast Air Basin.........................................     172      328      136      277      119      224      108      185       99     140
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: ``8-Hour Ozone State Implementation Plan Revisions and Technical Revisions to the PM2.5 State Implementation Plan Transportation Conformity
  Budgets for the South Coast and San Joaquin Valley Air Basins,'' Appendix C, submitted July 29, 2011.

    During the comment period on the proposed approval of the South
Coast 2007 8-hour ozone SIP, CARB requested that EPA limit the duration
of our approval of the motor vehicle emission budgets submitted on July
29, 2011 until the effective date of EPA's adequacy finding for any
subsequently submitted budgets. See letter, Douglas Ito, Chief, Air
Quality and Transportation Planning Branch, California Air Resources
Board, October 17, 2011.
    The transportation conformity rule allows EPA to limit the approval
of budgets. See 40 CFR 93.118(e)(1). However, we can only consider a
state's request to limit our approval if a state adequately addresses
three factors. First, the state must acknowledge and explain why the
budgets under consideration have become outdated or deficient; second,
the state must make a commitment to update the budgets as part of a
comprehensive SIP update. Finally, the state must request that EPA
limit the duration of its approval to the point in time when the new
budgets have been found to be adequate for transportation conformity
purposes. See 67 FR 69141 (November 15, 2002) (limiting our prior
approval of budgets in certain California SIPS).

    Because CARB's request does not include all these elements, we
cannot address CARB's request at this time. Once CARB has submitted
additional information to adequately address these factors, EPA intends
to propose to limit the duration of our approval of the budgets in the
South Coast 2007 8-hour ozone plan and to provide the public an
opportunity to comment.\38\ The duration of the approval of the budgets
will not be limited until we complete the rulemaking initiated by that
proposal.
---------------------------------------------------------------------------

    \38\ In the same comment letter, CARB also requested that we
limit the duration of our recent approval of the PM2.5
motor vehicle budgets. These budgets were also submitted on July 29,
2011 as an appendix to the 2011 Ozone SIP Revision.
---------------------------------------------------------------------------

V. Final Actions

    For the reasons discussed in our September 16, 2011 proposal and
explained further above, EPA is approving California's SIP for
attaining the 1997 8-hour ozone NAAQS in the South Coast nonattainment
area. California's 8-hour ozone attainment SIP for the South Coast
nonattainment area is composed of the relevant portions of the South
Coast 2007 AQMP as revised in 2011 and the South Coast-specific
portions of CARB's 2007 State Strategy as revised in 2009 and 2011 that
address CAA requirements and EPA regulations for attainment of the 1997
8-hour ozone standards in the South Coast nonattainment area.
    Specifically, EPA is approving under CAA section 110(k)(3) the
following elements of the South Coast 8-hour ozone attainment SIP:
    1. The revised 2002 base year emissions inventory as meeting the
requirements of CAA section 182(a)(1) and 40 CFR 51.915;
    2. The reasonably available control measure demonstration as
meeting the requirements of CAA section 172(c)(1) and 40 CFR 51.912(d);
    3. The reasonable further progress demonstration as meeting the
requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR
51.910;
    4. The attainment demonstration as meeting the requirements of CAA
section 182(c)(2)(A) and 40 CFR 51.908;
    5. The provisions for the development of new technologies pursuant
to CAA section 182(e)(5) and CARB's commitment to adopt and submit by
2020 contingency measures to be implemented if the new technologies do
not achieve the planned emissions reductions, in addition to additional
attainment contingency measures meeting the requirements of CAA section
172(c)(9), pursuant to CAA section 182(e)(5) as given in CARB
Resolution 11-22 (July 21, 2011); and CARB's commitment to develop and
submit by 2020, revisions to the SIP that will (1) reflect
modifications to the 2023 emission reduction target based on updated
science and (2) identify additional strategies and implementing
agencies needed to achieve the needed reductions by the beginning of
the 2023 ozone season as given in the 2011 Ozone SIP Revision, p. A-8;
    6. The contingency measure provisions for failure to make RFP and
to attain as meeting the requirements of CAA sections 172(c)(9) and
182(c)(9);
    7. The demonstration that the SIP provides for transportation
control strategies and measures sufficient to offset any growth in
emissions from growth in VMT or the number of vehicle trips, and to
provide for RFP and attainment, as meeting the requirements of CAA
section 182(d)(1)(A);
    8. The revised motor vehicle emissions budgets for the RFP
milestone years of 2011, 2014, 2017 and 2020, and for the attainment
year of 2023, because they are derived from approvable RFP and
attainment demonstrations and meet the requirements of CAA sections
176(c) and 40 CFR part 93, subpart A;
    9. The SCAQMD's commitments to achieve specific aggregate emission
reductions of NOX and VOC as listed in Table 4-2A of the
South Coast 2007 AQMP (as revised March 4, 2011) and as given in Table
3; and
    10. CARB's commitments to propose certain defined measures, as
listed in Appendix B, Table B-1 of the 2011 Ozone SIP Revision; to
achieve specific aggregate emission reductions of 152 tpd of
NOX and 46 tpd of VOC by 2014; 141 tpd of NOX and
54 tpd of VOC from existing technologies in the South Coast
nonattainment area by 2023; and 241 tpd of NOX and 40 tpd of
VOC from new technologies by 2023 as provided in CARB Resolution 07-28,
Attachment B, and the 2009 State Strategy update, p. 20; and to achieve
the emissions reductions needed to attain the 8-hour ozone standards in
the South Coast nonattainment area as provided in CARB Resolution 07-
28, Attachment B, p. 4, 2009 State Strategy Status Report, p. 20 and as
given in Table 4.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because this approval action does not create any
new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in

estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to the private sector. This
Federal action approves pre-existing requirements under State or local
law, and imposes no new requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
State rule implementing a Federal standard.

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

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA lacks the discretionary authority to address environmental
justice in this rulemaking. In reviewing SIP submissions, EPA's role is
to approve or disapprove state choices, based on the criteria of the
Clean Air Act. Accordingly, this action merely approves certain State
requirements for inclusion into the SIP under CAA section 110 and
subchapter I, part D, and will not in-and-of itself create any new
requirements. Accordingly, it does not provide EPA with the
discretionary authority to address, as appropriate, disproportionate
human health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2). This rule will be effective on April 30, 2012.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 30, 2012. Filing a
petition for reconsideration by

the Administrator of this final rule does not affect the finality of
this rule for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. This
action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

     Dated: December 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region 9.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraph (c)(397) (ii)(A)(5),
(c)(398)(ii)(A)(3) and (c)(401)(ii)(A)(1)(i) and (2)(i).

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (397) * * *
    (ii) * * *
    (A) * * *
    (5) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions
necessary to attain the Federal standards in the South Coast air basin,
which represent 152 tpd of NOX and 46 tpd of VOC by 2014,
and 54 tpd of VOC and 141 tpd of nitrogen oxides by 2023 for purposes
of the 1997 8-hour ozone NAAQS, as described in Resolution No. 07-28 at
Attachment B, p. 4, and modified by CARB Resolution No. 09-34 (April
24, 2009) adopting the ``Status Report on the State Strategy for
California's 2007 State Implementation Plan (SIP) and Proposed Revision
to the SIP reflecting Implementation of the 2007 State Strategy.''
* * * * *
    (398) * * *
    (ii) * * *
    (A) * * *
    (3) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the
Governing Board of the South Coast Air Quality Management District
certifying the final Program Environmental Impact Report for the 2007
Air Quality Management Plan, adopting the Final 2007 Air Quality
Management Plan (AQMP), to be referred to after adoption as the Final
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions
reductions form the Carl Moyer Program in the State Implementation
Plan,'' June 1, 2007. Commitments to achieve emissions reductions
(including emissions reductions of 19.3 tpd of VOC and 9.2 tpd of
nitrogen oxides by 2023) as described by SCAQMD Governing Board
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments
to adopt and submit control measures as described in Table 4-2A of the
Final 2007 AQMP, as amended March 4, 2011.
* * * * *
    (401) * * *
    (ii) * * *
    (A) * * *
    (1) * * *
    (i) Commitment to develop and submit by 2020 revisions to the SIP
that will reflect modifications to the 2023 emissions reduction target
based on updated science, and identify additional strategies and
implementing agencies needed to achieve the needed reductions by 2023
as given in the 2011 Ozone SIP Revision on page A-8.
    (2) * * *
    (i) Commitment to develop, adopt and submit by 2020 contingency
measures to be implemented if advanced technology measures do not
achieve the planned emissions reductions, and attainment contingency
measures meeting the requirements of CAA section 172(c)(9), pursuant to
CAA section 182(e)(5) as given on p. 4.
* * * * *
[FR Doc. 2012-4673 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17728-17730]
[FR Doc No: 2023-05970]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0232]
RIN 1625-AA87

Security Zone; Congressional Visit, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of Biscayne Bay and the Atlantic Intracoastal
Waterway near Miami Beach, Florida. The moving security zone will
encompass all navigable waters within 100 yards of the M/V BISCAYNE
LADY. This action is necessary to protect an official party, public,
and surrounding waterways from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Miami, or a designated
representative.

DATES: This rule is effective from 6 p.m. through 11 p.m. on March 25,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0232 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Benjamin Adrien, Waterways Management Division, U.S.
Coast Guard; telephone:<PHONE_NUMBER>, email:
[email protected]

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. Local authorities asked the Coast Guard to
establish the security zone within several days of the request,
therefore the Coast Guard lacks sufficient time to provide for a
comment period and then consider those comments before issuing the
rule, since this rule is needed by March 25, 2023. This rule s needed
to prevent vessels from approaching the VIP location in Miami Beach,
FL. It would be contrary to public interest to postpone establishing
the temporary security zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
prevent interference with the VIP visit to Miami Beach, FL.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70124. The Captain of the Port (COTP) Miami has determined the VIP
visit on March 25, 2023 presents a potential target for terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature. This moving security zone is necessary to protect the

official party, public, and surrounding waterways surrounding the M/V
BISCAYNE LADY in Miami Beach, Florida.

IV. Discussion of the Rule

    This rule establishes a moving security zone from 6 p.m. through 11
p.m. on March 25, 2023. The moving security zone will cover all
navigable waters within 100 yards of the M/V BISCAYNE LADY. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP Miami or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the security zone is granted by the COTP or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP or a designated
representative.

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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size and
location of the security zone. The moving security zone is limited in
size and location as it will encompass all navigable waters within 100
yards of the M/V BISCAYNE LADY, transiting through the ICW in the
vicinity of Miami Beach, FL. Although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the
security zone without authorization from the Captain of the Port Miami
or a designated representative, they may operate in the surrounding
area during the enforcement period. Furthermore, the rule will allow
vessels to seek permission to enter the zone. Persons and vessels may
only enter, transit through, anchor in, or remain within the security
zone during the enforcement period if authorized by the Captain of the
Port Miami or a designated representative.

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 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, 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
call or email 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 Order
13132.
    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.

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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
temporary moving security zone lasting approximately 5 hours that will
prohibit entry of persons or vessels during the VIP visit in Miami
Beach, Florida. It is categorically excluded from further review under
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.
    A Draft Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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:
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0232 to read as follows:

Sec.  165.T07-0232  Security Zone; VIP Visit, Miami Beach, FL.

    (a) Locations: The following is a temporary moving security zone:
    (1) All waters within 100 yards of the M/V BISCAYNE LADY, Miami
Beach, FL from 6 p.m. until 11 p.m. on March 25, 2023.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the security zone.
    (c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone described in
paragraph (a) of this section unless authorized by the COTP Miami or a
designated representative. If authorization is granted, persons and/or
vessels receiving such authorization must comply with the instructions
of the COTP Miami or designated representative.
    (2) Persons who must notify or request authorization from the COTP
may do so by telephone at<PHONE_NUMBER> or may contact a designated
representative via VHF radio on channel 16.
    (d) Enforcement Period. This rule will be enforced from 6 p.m.
through 11 p.m. on March 25, 2023.

    Dated: March 17, 2023.
F.J. Del Rosso,
Captain, U.S. Coast Guard, Acting, Captain of the Port Miami.
[FR Doc. 2023-05970 Filed 3-23-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 4, 2006 (Volume 71, Number 150)]
[Notices]
[Page 44326-44328]
[DOCID:fr04au06-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27442]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

July 28, 2006.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
July, 2006. A copy of each application may be obtained for a fee at the
SEC's Public Reference Branch (tel.<PHONE_NUMBER>). An order granting
each application will be issued unless the SEC orders a hearing.
Interested persons may request a hearing on any application by writing
to the SEC's Secretary at the address below and serving the relevant
applicant with a copy of the request, personally or by mail. Hearing
requests should be received by the SEC by 5:30 p.m. on August 22, 2006,
and should be accompanied by proof of service on the applicant, in the
form of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    For Further Information Contact: Diane L. Titus at<PHONE_NUMBER>,
SEC, Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

 The Thurlow Funds, Inc. [File No. 811-8219]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 17, 2006, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $16,500 incurred in connection with the
liquidation were paid by Thurlow Capital Management, Inc., applicant's
investment adviser.
    Filing Date: The application was filed on June 30, 2006.
    Applicant's Address: 3212 Jefferson St. 416, Napa, CA
94558.

Retirement Income Trust [File No. 811-21320]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 27, 2006, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on July 19, 2006.
    Applicant's Address: 5553 Woodmont St., Pittsburgh, PA 15217.

WM Prime Income Fund [File No. 811-9122]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 17,
1998, applicant made a liquidating distribution to its shareholders,
based on net asset value. Expenses of approximately $4,000 incurred in
connection with the liquidation were paid by WM Advisors, Inc.,
applicant's investment adviser.
    Filing Date: The application was filed on June 6, 2006.
    Applicant's Address: John T. West, c/o WM Advisors, Inc., 1201
Third Ave., Suite 2200, Seattle, WA 98101.

Smith Barney Principal Return Fund [File No. 811-5678]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 31, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $27,000 incurred in connection with the liquidation will be
paid by applicant using $13,372 in cash held by its custodian, State
Street Bank and Trust Company, and remaining amounts will be paid by
Smith Barney Fund Management LLC, applicant's investment adviser.
    Filing Date: The application was filed on June 27, 2006.
    Applicant's Address: 125 Broad St., 10th Floor, New York, NY 10004.

Fidelity Qualified Dividend Fund [File No. 811-3071]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 30, 1991, applicant transferred
its assets to Fidelity Utilities Income Fund, a series of Fidelity
Devonshire Trust, based on net asset value. Expenses incurred in
connection with the reorganization were paid by applicant.
    Filing Dates: The application was filed on March 9, 2006, and
amended on July 17, 2006.
    Applicant's Address: 82 Devonshire St., Boston, MA 02109.

The Nevis Fund, Inc. [File No. 811-8689]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 30, 2005, applicant transferred
its assets to Brown Advisory Opportunity Fund, a series of Forum Funds,
based on net asset value. Expenses of $164,891 incurred in connection
with the reorganization were paid by Nevis Capital Management LLC and
Brown Investment Advisory Incorporated, applicant's investment
advisers.
    Filing Date: The application was filed on June 13, 2006.
    Applicant's Address: 2 Hamill Rd., Suite 272, Baltimore, MD 21210.

Highland Institutional Floating Rate Income Fund [File No. 811-8955]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On May 5,
2006, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Applicant paid expenses of
approximately $14,800 incurred in connection with the liquidation.
    Filing Date: The application was filed on June 15, 2006.
    Applicant's Address: c/o Highland Capital Management, L.P., Two
Galleria Tower, 13455 Noel Rd., Suite 800, Dallas, TX 75240.

CIM High Yield Securities [File No. 811-5328]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On April 28,
2006, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Applicant incurred $75,214 in
expenses in connection with the liquidation.
    Filing Date: The application was filed on June 16, 2006.
    Applicant's Address: c/o Invesco Institutional (N.A.), Inc., 400 W
Market St., Suite 3300, Louisville, KY 40202.

Morgan Stanley KLD Social Index Fund [File No. 811-10353]; Morgan
Stanley Biotechnology Fund [File No. 811-21040]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On April 7, 2006, each applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $10,000 incurred in connection with each
liquidation were paid by Morgan Stanley Investment Advisors Inc.,
investment adviser to each applicant.
    Filing Date: The applications were filed on July 18, 2006.
    Applicants' Address: Morgan Stanley Investment Advisors Inc., 1221
Avenue of the Americas, New York, NY 10020.

ACM Government Securities Fund, Inc. [File No. 811-5402]; ACM
Government Spectrum Fund, Inc. [File No. 811-5500]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company. On
December 19, 2000, each applicant transferred its assets to ACM Income
Fund, Inc. (formerly, ACM Government Income Fund, Inc.), based on net
asset value. Each applicant paid $17,500 of the expenses incurred in
connection with the reorganizations.
    Filing Date: The applications were filed on June 30, 2006.
    Applicants' Address: 1345 Avenue of the Americas, New York, NY
10105.

Scudder Yieldwise Funds [File No. 811-8047]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 10, 2005, applicant transferred its
assets to corresponding series of DWS Money Funds (formerly, Scudder
Money Funds), based on net asset value. Expenses of $217,524 incurred
in connection with the reorganization were paid by Deutsche Investment
Management Americas, Inc., applicant's investment adviser.
    Filing Date: The application was filed on June 29, 2006.
    Applicant's Address: 222 South Riverside Plaza, Chicago, IL 60606.

Scudder Focus Value Plus Growth Fund [File No. 811-7331]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 26, 2005, applicant transferred its
assets to DWS Growth & Income Fund, a series of DWS Investment Trust,
based on net asset value. Expenses of $238,121 incurred in connection
with the reorganization were paid by Deutsche Investment Management
Americas, Inc., applicant's investment adviser.
    Filing Date: The application was filed on June 29, 2006.
    Applicant's Address: 222 South Riverside Plaza, Chicago, IL 60606.

Scudder Growth Trust [File No. 811-1365]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 14, 2005, applicant transferred its
assets to DWS Capital Growth Fund, a series of DWS Investment Trust,
based on net asset value. Expenses of $399,868 incurred in connection
with the reorganization were paid by Deutsche Investment Management
Americas, Inc., applicant's investment adviser.
    Filing Dates: The application was filed on July 6, 2006.
    Applicant's Address: 222 South Riverside Plaza, Chicago, IL 60606.

Scudder Dynamic Growth Fund [File No. 811-1702]; Scudder Aggressive
Growth Fund [File No. 811-7855]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On December 20, 2004 and September 17,
2005, respectively, each applicant transferred its assets to
corresponding series of DWS Advisor Funds (formerly, Scudder Advisor
Funds), based on net asset value. Expenses of approximately $417,209
and $195,103, respectively, incurred in connection with the
reorganizations were paid by Deutsche Investment Management Americas,
Inc., applicants' investment adviser.

    Filing Date: The applications were filed on July 6, 2006.
    Applicants' Address: 222 South Riverside Plaza, Chicago, IL 60606.

Scudder Investors Trust [File No. 811-9057]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 15, 2005, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $115,176 incurred in connection with the liquidation were
paid by Deutsche Investment Management Americas, Inc., applicant's
investment adviser.
    Filing Date: The application was filed on June 29, 2006.
    Applicant's Address: 222 South Riverside Plaza, Chicago, IL 60606.

Scudder New Europe Fund, Inc. [File No. 811-5969]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 14, 2005, applicant transferred its
assets to DWS Europe Equity Fund, a series of DWS International Fund,
Inc. (formerly, Scudder International Fund, Inc.), based on net asset
value. Expenses of approximately $283,745 incurred in connection with
the reorganization were paid by Deutsche Investment Management
Americas, Inc., applicant's investment adviser.
    Filing Date: The application was filed on July 6, 2006.
    Applicant's Address: 345 Park Ave., New York, NY 10154.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-12634 Filed 8-3-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50954]
[DOCID:fr29au08-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13175-000]

FFP Ohio River 22, LLC; Notice of Preliminary Permit Applications
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

August 22, 2008.
    On April 15, 2008, FFP Ohio River 22, LLC each filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Ohio River 22 Project, to be
located on the Ohio River in Dearborn County, Indiana and Boone County,
Kentucky.
    The proposed Ohio River 22 Project consists of: (1) 3,240 proposed
20 kilowatt Free Flow generating units having a total installed
capacity of 64.8 megawatts, (2) a proposed transmission line, and (3)
appurtenant facilities. The FFP Ohio River 22, LLC, project would have
an average annual generation of 283.82 gigawatt-hours and be sold to a
local utility.
    Applicant Contact: Mr. Dan Irvin, FFP Ohio River 22, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    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.
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
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13175) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20048 Filed 8-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48243-48244]
[FR Doc No: 2020-17420]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0765; FRL-10013-23-ORD]

Board of Scientific Counselors (BOSC) Homeland Security
Subcommittee Meeting--August 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting.

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SUMMARY: The Environmental Protection Agency (EPA), Office of Research
and Development (ORD), gives notice of a virtual meeting of the Board
of Scientific Counselors (BOSC) Homeland Security (HS) Subcommittee to
review the initial progress on implementation of the FY 19-22 HS
Strategic Research Action Plan (StRAP).

DATES: 1. The initial meeting will be held over two days via
videoconference:
    a. Thursday, August 20, 2020, from 12:00 p.m. to 5:00 p.m. (EDT);
and

    b. Friday, August 21, 2020, from 12:00 p.m. to 5:00 p.m. (EDT).
Attendees must register by August 19, 2020.
    2. A BOSC deliberation will be held on Wednesday, September 9,
2020, from 2:00 p.m. to 5:00 p.m. (EDT). Attendees must register by
September 8, 2020.
    3. A final summary teleconference will be held on Thursday,
September 24, 2020, from 2:00 p.m. to 5:00 p.m. (EDT). Attendees must
register by September 23, 2020. Meeting times are subject to change.
These series of meetings are open to the public. Comments must be
received by August 19, 2020 to be considered by the subcommittee.
Requests for the draft agenda or making a presentation at the meeting
will be accepted until August 19, 2020.

ADDRESSES: Instructions on how to connect to the videoconference will
be provided upon registration at https://epa-bosc-homeland-security-subcommittee.eventbrite.com.
    Submit your comments to Docket ID No. EPA-HQ-ORD-2015-0765 by one
of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
    [ssquf] Note: comments submitted to the www.regulations.gov website
are anonymous unless identifying information is included in the body of
the comment.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0765.
    [ssquf] Note: comments submitted via email are not anonymous. The
sender's email will be included in the body of the comment and placed
in the public docket which is made available on the internet.
    Instructions: All comments received, including any personal
information provided, will be included in the public docket without
change and may be made available online at www.regulations.gov.
Information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute will not be
included in the public docket, and should not be submitted through
www.regulations.gov or email. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Public Docket: Publicly available docket materials may be accessed
Online at www.regulations.gov.
    Copyrighted materials in the docket are only available via hard
copy. The telephone number for the ORD Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer (DFO),
Tom Tracy, via phone/voicemail at:<PHONE_NUMBER>; or via email at:
<EMAIL_ADDRESS>Any member of the public interested in receiving a
draft agenda, attending the meeting, or making a presentation at the
meeting should contact Tom Tracy no later than August 19, 2020.

SUPPLEMENTARY INFORMATION: The Board of Scientific Counselors (BOSC) is
a Federal advisory committee that provides advice and recommendations
to EPA's Office of Research and Development on technical and management
issues of its research programs. The meeting agenda and materials will
be posted to https://www.epa.gov/bosc.
    Proposed agenda items for the meeting include, but are not limited
to, the following: Water Security & Resilience, Oil Response, and
Progress of StRAP Implementation.
    Information on Services Available: For information on translation
services, access, or services for individuals with disabilities, please
contact Tom Tracy at<PHONE_NUMBER> or<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Tom Tracy at least ten
days prior to the meeting to give the EPA adequate time to process your
request.

    Authority: Pub. L. 92-463, 1, Oct. 6, 1972, 86 Stat. 770.

    Dated: July 29, 2020.
Mary Ross,
Director, Office of Science Advisor, Policy, and Engagement.
[FR Doc. 2020-17420 Filed 8-7-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4178]
[DOCID:fr23ja09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-637-000; ER08-637-001; ER08-637-004; ER08-637-005]

Midwest Independent Transmission System Operator, Inc.; Notice of
Filing

January 14, 2009.
    Take notice that on January 12, 2009, Alliant Energy Corporate
Services and Midwest TDU's \1\ filed an Offer of Settlement in the
above-referenced proceeding.
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    \1\ Midwest TDU's consist of the Great Lakes Utilities, Madison
Gas & Electric Company, Midwest Municipal Transmission Group,
Missouri Joint Municipal Electric Agency of Nebraska, and Wisconsin
Public Power Inc.
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    By this notice, initial comments should be filed on or before
January 27, 2009. Reply comments should be filed on or before February
3, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-1349 Filed 1-22-09; 8:45 am]

BILLING CODE 6717-01-P