[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84344-84345]
[FR Doc No: 2020-28558]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1440]

Oncologic Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Oncologic Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on February 9, 2021, from 10 a.m. to 2
p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions about FDA advisory committee meetings may be
accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2020-N-1440. The docket will close on February
8, 2021. Submit either electronic or written comments on this public
meeting by February 8, 2021. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before February 8, 2021. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of February 8, 2021. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.
    Comments received on or before January 26, 2021, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is canceled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-1440 for ``Oncologic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: She-Chia Chen, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously

announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check
FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and
scroll down to the appropriate advisory committee meeting link, or call
the advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss supplemental biologics license application (sBLA) 125514/
s-089, for KEYTRUDA (pembrolizumab), submitted by Merck Sharp & Dohme
Corp., a subsidiary of Merck & Co., Inc. The proposed indication (use)
for this product is for the treatment of patients with high-risk,
early-stage triple-negative breast cancer, in combination with
chemotherapy as neoadjuvant treatment, then as a single agent as
adjuvant treatment after surgery.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before January 26, 2021, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 12 noon and 1 p.m. Eastern Time. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before January 15, 2021.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by January 19, 2021.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact She-Chia Chen (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 18, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-28558 Filed 12-23-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68540-68541]
[FR Doc No: 2019-26995]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-21]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Requests (ICRs) abstracted below to the
Office of Management and Budget (OMB) for review and comment. The ICRs
describe the information collections and their expected burden. On
October 2, 2019, FRA published a notice providing a 60-day period for
public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before
January 15, 2020.

ADDRESSES: Submit written comments on the ICRs to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer.
Comments may also be sent via email to OMB at the following address:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, Office of Railroad Safety, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590 (telephone:<PHONE_NUMBER>) or Ms. Kim Toone, Information
Collection Clearance Officer, Office of Information Technology, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On October 2, 2019, FRA
published a 60-day notice in the Federal Register soliciting public
comment on the ICRs for which it is now seeking OMB approval. See 84 FR
52588. FRA received one comment from the Brotherhood of Railroad
Signalmen (BRS), the collective bargaining representative for
approximately 10,000 signal employees. BRS supports the information
collection activities of both ICRs, considering them necessary to FRA's
regulatory duties and public safety responsibilities. BRS urges FRA to
continue to collect this information, noting that the information
provided from these activities can help guide FRA in solving issues
related to warning system failures at crossings and highway-rail grade
crossing accidents.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30-days' notice for public comment.
Federal law requires OMB to approve or disapprove paperwork packages
between 30 and 60 days after the 30-day notice is published. 44 U.S.C.
3507(b)-(c); 5 CFR 1320.10(b) and 1320.12(d); see also 60 FR 44978,
44983, Aug. 29, 1995. OMB believes the 30-day notice informs the
regulated community to file relevant comments and affords the agency
adequate time to digest public comments before it renders a decision.
60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their
respective comments to OMB within 30 days of publication to best ensure
having their full effect.
    Comments are invited on the following ICRs regarding: (1) Whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Grade Crossing Signal System Safety Regulations.
    OMB Control Number: 2130-0534.
    Abstract: FRA believes that highway-rail grade crossing (grade
crossing) accidents resulting from warning system failures can be
reduced. Accordingly, FRA's regulations require railroads to take
specific responses in the event of an activation failure. An activation
failure is defined as when a grade crossing warning system fails to
indicate the approach of a train at least 20 seconds prior to the
train's arrival at the crossing or to indicate the presence of a train
occupying the crossing. Specifically, railroads must report to FRA
every impact between on-track railroad equipment and an automobile,
bus, truck, motorcycle, bicycle, farm vehicle, or pedestrian at a
highway-rail grade crossing involving a crossing warning system
activation failure. Notification must be provided to the National
Response Center within 24 hours of occurrence at the stipulated toll-
free telephone number. Additionally, railroads must report to FRA
within 15 days of each activation failure of a highway-rail grade
warning system. Form FRA F 6180.83, ``Highway-Rail Grade Crossing
Warning

System Activation Failure Report,'' \1\ must be used for this purpose
and completed using the instructions printed on the form. With this
information, FRA can identify the causes of activation failures and
investigate them to determine whether periodic maintenance, inspection,
and testing standards are effective.
---------------------------------------------------------------------------

    \1\ FRA makes a technical correction to the title of Form FRA F
6180.83 in this notice.
---------------------------------------------------------------------------

    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses (railroads).
    Form(s): FRA F 6180.83.
    Respondent Universe: 746 railroads.
    Frequency of Submission: On occasion/monthly.
    Total Estimated Annual Responses: 60,252.
    Total Estimated Annual Burden: 5,042 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$342,863.
    Title: Alleged Violation Reporting Form.
    OMB Control Number: 2130-0590.
    Abstract: The Alleged Violation Reporting Form is a response to
section 307(b) of the Rail Safety Improvement Act of 2008, which
requires FRA to ``provide a mechanism for the public to submit written
reports of potential violations of Federal railroad safety and
hazardous materials transportation laws, regulations, and orders to the
Federal Railroad Administration.'' The Alleged Violation Reporting Form
allows the general public to submit alleged violations directly to FRA.
The form allows FRA to collect information necessary to investigate the
alleged violation and to follow up with the submitting party. FRA may
share the information collected with partnering State departments of
transportation and law enforcement agencies.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: General public.
    Form(s): FRA F 6180.151.
    Respondent Universe: \2\ 570 individuals.
---------------------------------------------------------------------------

    \2\ After an internal agency review, FRA updated the respondent
universe estimate.
---------------------------------------------------------------------------

    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 570.
    Total Estimated Annual Burden: 48 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,296.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019-26995 Filed 12-13-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Page 26502]
[FR Doc No: 2019-11899]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on a Request To Release
Surplus Property at the Vidalia Regional Airport, Vidalia, Georgia

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: FAA is considering a request from the City of Vidalia to waive
the requirement that 6.11 acres of surplus property located at the
Vidalia Regional Airport be used for aeronautical purposes. Currently,
the ownership of the property provides for the protection of FAR Part
77 surfaces and compatible land use which would continue to be
protected with deed restrictions required in the transfer of land
ownership. The land is owned and operated by the airport, but not
currently in use or planned for aeronautical use.

DATES: Comments must be received on or before July 8, 2019.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA at the following address: Atlanta Airports
District Office, Attn: Rob Rau, Planning Team Lead, 1701 Columbia Ave.,
Suite 220, Atlanta, GA 30337-2747.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Nick Overstreet, City Manager, City of
Vidalia at the following address: 114 Jackson Street, Vidalia, GA
30475.

FOR FURTHER INFORMATION CONTACT: Rob Rau, Planning Team Lead, Atlanta
Airports District Office, 1701 Columbia Ave., Suite 220, Atlanta, GA
30337-2747,<PHONE_NUMBER>. The application may be reviewed in person
at this same location.

SUPPLEMENTARY INFORMATION: The FAA is reviewing a request to release
6.11 acres of surplus property at the Vidalia Regional Airport (VDI)
under the provisions of 49 U.S.C. 47151(d). On May 1, 2019, the City of
Vidalia requested the FAA release 6.11 acres of surplus property for
economic development purposes. The FAA has determined that the proposed
property release at the Vidalia Regional Airport, as submitted by the
City, meets the procedural requirements of the FAA and release of the
property does not and will not impact future aviation needs at the
airport. The location of the land relative to existing or anticipated
aircraft noise contours greater than 65 ldn are not considered to be an
issue. The FAA may approve the request, in whole or in part, no sooner
than thirty days after the publication of this notice. In accordance
with 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the airport will receive
fair market value for the property, which will be subsequently
reinvested in another eligible airport improvement project for aviation
facilities at the Vidalia Regional Airport.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at the
Vidalia Regional Airport.

    Issued in Atlanta, Georgia, on May 31, 2019.
Parks Preston,
Assistant Manager, Atlanta Airports District Office, Southern Region.
[FR Doc. 2019-11899 Filed 6-5-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 28-30]
[FR Doc No: 2015-32891]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7532; Directorate Identifier 2015-NM-069-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Dassault Aviation Model FALCON 7X airplanes. This proposed AD was
prompted by reports of multiple cases of ram air turbine (RAT) blade
damage.

This proposed AD would require deployment of the RAT, replacement of
the RAT placard with a new RAT placard, and re-identification of the
RAT. We are proposing this AD to prevent blade damage to the RAT which
could prevent RAT deployment in flight during an emergency, possibly
resulting in reduced control of the airplane.

DATES: We must receive comments on this proposed AD by February 18,
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone:<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7532; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriquez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-7532;
Directorate Identifier 2015-NM-069-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0076, dated May 6, 2015 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Dassault Aviation Model FALCON 7X airplanes.
The MCAI states:

    A few cases of Ram Air Turbine (RAT) blade damage have been
reported during maintenance operations. This kind of damage is
caused by an incorrect locking of RAT rotor, due to improper
positioning of blades at beginning of retraction, and locking check
during retraction, which likely occurs during stowage of the RAT,
after its deployment for maintenance purposes.
    This condition, if not corrected, could prevent RAT deployment
in flight during an emergency, possibly resulting in reduced control
of the aeroplane.
    To address this potential unsafe condition, Dassault Aviation
issued Service Bulletin (SB) 7X-289, which provides instructions to
smoothly deploy the RAT and install an improved placard to ensure
proper RAT stowage/retraction after maintenance.
    For the reasons described above, this [EASA] AD requires
replacement of the existing RAT placard with a new placard and RAT
re-identification. This [EASA] AD also provides conditions for
installation of a RAT on an aeroplane.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7532.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Dassault Mandatory Service Bulletin
7X-289, dated January 21, 2015. The service information describes
procedures for deployment of the RAT, replacement of the RAT placard
with a new RAT placard, and re-identification of the RAT. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 45 airplanes of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $121 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $20,745, or $461 per product.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Dassault Aviation: Docket No. FAA-2015-7532; Directorate Identifier
2015-NM-069-AD.

(a) Comments Due Date

    We must receive comments by February 18, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by reports of multiple cases of ram air
turbine (RAT) blade damage. We are issuing this AD to prevent blade
damage to the RAT which could prevent RAT deployment in flight
during an emergency, possibly resulting in reduced control of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Placard Replacement

    Except as provided by paragraph (h) of this AD: Within 28 months
or during the next accomplishment of the RAT functional test,
whichever occurs first after the effective date of this AD, deploy
the RAT, replace the RAT placard with a new RAT placard, and re-
identify the RAT part number (P/N) 1705673A to a part number
identified in paragraph (g)(1) or (g)(2) of this AD, in accordance
with the Accomplishment Instructions of Dassault Mandatory Service
Bulletin 7X-289, dated January 21, 2015.
    (1) Change P/N 1705673A to P/N 1705673B.
    (2) Change P/N 1705673A to a part number that is approved as a
replacement for P/N 1705673A and approved as part of the type design
by the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Dassault Aviation's EASA Design Organization Approval (DOA); after
the issue date of Dassault Mandatory Service Bulletin 7X-289, dated
January 21, 2015.

(h) Exception to Paragraph (g) of This AD

    An airplane on which Dassault Aviation Modification M1428 has
been embodied in production is not affected by the requirements of
paragraph (g) of this AD, provided no RAT P/N 1705673A has been
installed on that airplane since first flight.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
RAT, part number 1705673A, on any airplane.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriquez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-
1137; fax:<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2015-0076, dated May 6, 2015, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2015-7532.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone:<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You
may view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 18, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-32891 Filed 12-31-15; 8:45 am]
 BILLING CODE 4910-13-P


ATTACHMENT - SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

   SIP Submitted by:

     Date Submitted:                Subject:     Confirmation of
110(a)(2)(A)-(M) 8-Hour ozone NAAQS Requirements in the Current Georgia
SIP

110(a)(2)(A)-(M) Requirements Checklist – Georgia

Section 110(a) element	Summary of element	How Addressed in Submittal

§110(a)(2)(A)	include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.	State
confirmed adequate in their letter.

391-3-1-.02 “Emission Standards”

391-3-1-.02(4) “Ambient Air Standards” - emission limits for ozone,

§110(a)(2)(B)	provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to monitor, compile,
and analyze data on ambient air quality, and upon request, make such
data available to the Administrator;  	State confirmed adequate in their
letter.

391-3-1-.02(3) “Sampling”

391-3-1-.02(6) “Source Monitoring”

§110(a)(2)(C)	include a program to provide for the enforcement of the
measures described in subparagraph (A) and regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that national ambient air
quality standards are achieved, including a permit program as required
in parts C and D;	State confirmed adequate in their letter.

391-3-1-.02(7) “Prevention of Signification Deterioration of Air
Quality”

§110(a)(2)(D)	contain adequate provisions—

   (i) prohibiting, consistent with the provisions of this title, any
source or other type of emissions activity within the state from
emitting any air pollutant in amounts which will--

     (I) contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with respect to any such national
primary or secondary ambient air quality standard, or

     (II) interfere with measures required to be included in the
applicable implementation plan for any other State under part C to
prevent significant deterioration of air quality or to protect
visibility,

  (ii) insuring compliance with the applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement);	State confirmed adequate in their letter.

Georgia’s CAIR rule was published on October 9, 2007.

Prong 4 – Regional Haze SIP will be submitted to EPA in early 2008.

§110(a)(2)(E)(i)	provide

   (i) necessary assurances that the state (or, except where the
Administrator deems inappropriate, the general purpose local government
or governments, or a regional agency designated by the state or general
purpose local governments for such purpose) will have adequate
personnel, funding, and authority under state (and, as appropriate,
local) law to carry out such implementation plan (and is not prohibited
by any provision of federal or state law from carrying out such
implementation plan or portion thereof);	Yes.

§110(a)(2)(E)(ii)	(ii) requirements that the state comply with the
requirements respecting state boards under section 128, and	Yes.

§110(a)(2)(E)(iii)	(iii) necessary assurances that, where the state has
relied on a local or regional government, agency, or instrumentality for
the implementation of any plan provision, the state has responsibility
for ensuring adequate implementation of such plan provision;	SIP is
adequate because it does not rely upon local or regional governments.

§110(a)(2)(F)	require, as may be prescribed by the Administrator—

   (i) the installation, maintenance, and replacement of equipment, and
the implementation of other necessary steps by owners or operators of
stationary sources to monitor emissions from such sources,

   (ii) periodic reports on the nature and amounts of emissions and
emissions-related data from such sources, and

   (iii) correlation of such reports by the state agency with any
emission limitations or standards established pursuant to this Act,
which reports shall be available at reasonable times for public
inspection;  	State confirmed adequate in their letter.

391-3-1-.02(6) “Source Monitoring”

§110(a)(2)(G)	provide for authority comparable to that in section 303
and adequate contingency plans to implement such authority;	Plan to
submit cert. letter by 12/15/07 stating they’ve met all req. except
Section 110(a)(2)(G) emergency episodes.  There will be a finding for
this element.

§110(a)(2)(H)	provide for revision of such plan—

    (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and

   (iii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to the
Administrator that the plan is substantially inadequate to attain the
national ambient air quality standard which it implements, or to
otherwise comply with any additional requirements established under this
Act;  	Yes.  Submitted with each SIP revision.                         .

§110(a)(2)(I)	in the case of a plan or plan revision for an area
designated as a nonattainment area, meet the applicable requirements of
part D (relating to nonattainment areas);	Yes.

§110(a)(2)(J)

(§ 121 consultation)

	meet the applicable requirements of section 121 (relating to
consultation), …	Yes.  Included in official SIP submittals.

§110(a)(2)(J)

(Section 127 public notification)	meet the applicable requirements of
section 7427 of this title,	Yes.  Included in official SIP submittals.

§110(a)(2)(J)

(PSD)	meet the applicable requirements of … part C (relating to
prevention of significant deterioration of air quality and visibility
protection);	Yes.

391-3-1-.02(7) “Prevention of significant deterioration”

§110(a)(2)(K)

	provide for:

   (i) the performance of such air quality modeling as the Administrator
may prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which the
Administrator has established a national ambient air quality standard,
and

   (ii) the submission, upon request, of data related to such air
quality modeling to the Administrator;	State confirmed adequate in their
letter.

391-3-1-.02(3) “Sampling”

391-3-1-.02(6) “Source Monitoring”

391-3-1-.02(7) “Prevention of significant deterioration”

391-3-1-.02(11) “Compliance Assurance Monitoring”

§110(a)(2)(L)

require the owner or operator of each major stationary source to pay to
the permitting authority, as a condition of any permit required under
this Act, a fee sufficient to cover—

   (i) the reasonable costs of reviewing and acting upon any application
for such a permit, and

    (ii) if the owner or operator receives a permit for such source, the
reasonable costs of implementing and enforcing the terms and conditions
of any such permit (not including any court costs or other costs
associated with any enforcement action), until such fee requirement is
superseded with respect to such sources by the Administrator's approval
of a fee program under title V; 	State confirmed adequate in their
letter.  Part of State regulations.  Not approved in Federal SIP.

§110(a)(2)(M)

	provide for consultation and participation by local political
subdivisions affected by the plan.	State confirmed adequate in their
letter.

391-2-20 “Enhanced Inspection and Maintenance”

§§110(a)(2)(C) & 110(a)(2)(J)	Part C Permit program:

§110(a)(2)(J) meet the applicable requirements of … part C (relating
to prevention of significant deterioration of air quality and visibility
protection);

§110(a)(2)(C) …  regulation of the modification and construction of
any stationary source within the areas covered by the plan as necessary
to assure that national ambient air quality standards are achieved,
including a permit program as required in parts C and D;

40 CFR 51.166:  Amend PSD regulations as required by the November 29,
2005 final rule (70 FR 71612 at 71699-71700).  See also 70 FR
71671-71684.


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Page 67342]
[FR Doc No: 2016-23676]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-8011-000]

Wheeler, Brent E.; Notice of Filing

    Take notice that on September 22, 2016, Brent E. Wheeler filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b), Part 45
of the Regulations of the Federal Energy Regulatory Commission
(Commission), 18 CFR part 45, and Order 664.\1\
---------------------------------------------------------------------------

    \1\ Comm'n Authorization to Hold Interlocking Positions, 112
FERC ]61,298 (2005) (``Order No. 664''); order on reh'g, 114 FERC ]
61,142 (2006) (``Order No. 664-A'').
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 13, 2016.

    Dated: September 23, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-23676 Filed 9-29-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37168-37170]
[FR Doc No: 2016-13701]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0132]
RIN 1625-AA01

Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is considering establishing new anchorage
grounds in the Hudson River from Yonkers, NY, to Kingston, NY. We are
considering this action after receiving requests suggesting that
anchorage grounds may improve navigation safety along an extended
portion of the Hudson River, which currently has no anchorage grounds,
allowing for a safer and more efficient flow of vessel traffic. The
Coast Guard is seeking comments and information about the operational
need for new anchorage grounds and what form possible regulations
should take.

DATES: Comments and related material must be received by the Coast
Guard on or before September 7, 2016.
    Requests for public meetings must be received by the Coast Guard on
or before June 30, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0132 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Mr. Craig Lapiejko, Waterways Management Branch
at Coast Guard First District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Acronyms

ANPRM Advance notice of proposed rulemaking
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comments can help shape the outcome of this possible
rulemaking. If you submit a comment, please include the docket number
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this ANPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted and if
we publish rulemaking documents related to this ANPRM.

B. Regulatory History and Information

    Under title 33 Code of Federal Regulation (CFR) 109.05, U.S. Coast
Guard District Commanders are delegated the authority to establish
anchorage grounds by the Commandant of the U.S. Coast Guard. The Coast
Guard establishes Anchorage Grounds under the authority in Section 7 of
the act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471),
and places these regulations in title 33 CFR part 110, subpart B.
Hudson River Anchorage Ground regulations were last amended by rules
published on March 31, 2016, January 15, 2015, and on July 20, 1999;
these are 81 FR 18494, 80 FR 2011, and 64 FR 38828, respectively. The
Coast Guard is now considering a proposed rulemaking to establish new
anchorage grounds in the Hudson River.

C. Basis and Purpose

    The legal basis and authorities for this ANPRM are found in 33
U.S.C. 471, 1221 through 1236, and 2071, as well as 33 CFR 1.05-1 and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory anchorages. The Coast Guard is considering
establishing new anchorage grounds.
    The Coast Guard received requests from the Maritime Association of
the Port of NY/NJ Tug and Barge Committee, the Hudson River Port
Pilot's Association, and the American Waterways Operators to consider
establishing new anchorage grounds on the Hudson River. The purpose of
this ANPRM is to solicit comments on potential proposed rulemakings to
increase the available anchorage grounds on the Hudson River in areas
which currently have no anchorages.

D. Discussion of Possible Proposed Rule

    The Coast Guard is considering proposing to establish new anchorage
grounds on the Hudson River. The anticipated users of the proposed
anchorage grounds are commercial vessels and their attending tug, tow,
or pushboats.
    The approximate depths of the proposed anchorage grounds range from
21 feet to 65 feet, which would accommodate a variety of vessel types
and configurations, and would not interfere with the areas where
vessels have historically transited the Hudson River. Preliminary
details describing these contemplated anchorage grounds are provided
below using coordinates based on North American Datum of 1983 (NAD 83).
Illustrations showing the locations of these anchorage grounds are
available in the docket.

Contemplated Kingston Flats South Anchorage Ground

    We are considering proposing that a Kingston Flats South Anchorage
Ground would cover approximately 279 acres for up to three vessels with
a draft of less than 22 feet for long term usage. It would provide a
vessel swing radius of approximately 1,300 feet for one vessel and of
approximately 1,800 feet for two vessels. The contemplated anchorage
ground would encompass waters within lines connecting the following
points: 41-56.79' N., 073-57.24' W.; thence to 41-56.78' N., 073-56.85'
W.; thence to 41-55.81' N., 073-56.95' W.; thence to 41-55.81' N., 073-
57.42' W.; thence to the point of origin (NAD 83).

Contemplated Port Ewen Anchorage Ground

    We are considering proposing that a Port Ewen Anchorage Ground
would cover approximately 47 acres for one vessel with a draft of less
than 30 feet for short term usage. It would provide a vessel swing
radius of approximately 1,200 feet. The contemplated anchorage ground
would encompass waters within lines connecting the following points:
41-54.85' N., 073-57.85' W.; thence to 41-54.79' N., 073-57.59' W.;
thence to 41-54.58' N., 073-57.64' W.; thence to 41-54.57' N., 073-
57.95' W.; thence to the point of origin (NAD 83).

Contemplated Big Rock Point Anchorage Ground

    We are considering proposing that a Big Rock Point Anchorage Ground
would cover approximately 208 acres for up to four vessels with a draft
of less than 35 feet for long term usage. It would provide a vessel
swing radius of approximately 1,200 feet for each vessel. The
contemplated anchorage ground would encompass waters within lines
connecting the following points: 41-54.25' N., 073-58.04' W.; thence to
41-54.31' N., 073-57.76' W.; thence to 41-53.79' N., 073-57.55' W.;
thence to 41-53.40' N., 073-57.25' W.; thence to 41-53.21' N., 073-
57.45' W.; thence to 41-53.68' N., 073-57.80' W.; thence to the point
of origin (NAD 83).

Contemplated Roseton Anchorage Ground

    We are considering proposing that a Roseton Anchorage Ground would
cover approximately 305 acres for up to three vessels with a draft of
less than 40 feet for long term usage. It would provide a vessel swing
radius of approximately 1,700 feet for each vessel. The contemplated
anchorage ground would encompass waters within lines connecting the
following points: 41-33.46' N., 073-58.71' W.; thence to 41-33.41' N.,
073-58.27' W.; thence to 41-32.92' N., 073-58.77' W.; thence to 41-
32.41' N., 073-59.21' W.; thence to 41-32.65' N., 073-59.47' W.; thence
to 41-33.12' N., 073-59.11' W.; thence to the point of origin (NAD 83).

Contemplated Milton Anchorage Ground

    We are considering proposing that a Milton Anchorage Ground would
cover approximately 74 acres for up to two vessels with a draft of less
than 40 feet for long term usage. It would provide a vessel swing
radius of approximately 1,200 feet for each vessel. The contemplated
anchorage ground would encompass waters within lines connecting the
following points: 41-38.56' N., 073-57.02' W.; thence to 41-38.64' N.,
073-56.72' W.; thence to 41-38.12' N., 073-56.79' W.; thence to 41-
37.93' N., 073-56.88' W.; thence to 41-38.19' N., 073-57.05' W.; thence
to the point of origin (NAD 83).

Contemplated Marlboro Anchorage Ground

    We are considering proposing that a Marlboro Anchorage Ground would
cover approximately 154 acres for up to three vessels with a draft of
less than 35 feet for long term usage. It would provide a vessel swing
radius of approximately 1,800 feet for each vessel. The contemplated
anchorage ground would encompass waters within lines connecting the
following points: 41-36.68' N., 073-57.12' W.; thence to 41-38.82' N.,
073-57.76' W.; thence to 41-35.88' N., 073-57.21' W.; thence to 41-
35.87' N., 073-56.92' W.; thence to the point of origin (NAD 83).

Contemplated Newburgh Anchorage Ground

    We are considering proposing that a Newburgh Anchorage Ground would
cover approximately 445 acres for up to five vessels with a draft of
less than 32 feet toward the northern end and less than 22 feet toward
the southern end for long term usage. It would provide a vessel swing
radius of approximately 1,800 feet for each vessel. The contemplated
anchorage ground would encompass waters within lines connecting the
following points: 41-29.75' N., 073-59.98' W.; thence to 41-29.96' N.,
073-59.48' W.; thence to 41-28.38' N., 073-59.94' W.; thence to 41-
28.29' N., 074-00.20' W.; thence to the point of origin (NAD 83).

Contemplated Tompkins Cove Anchorage Ground

    We are considering proposing that a Tomkins Cove Anchorage Ground
would cover approximately 98 acres for up to three vessels with a draft
of less than 40 feet for long term usage. It would provide a vessel
swing radius of approximately 1,200 feet for each vessel. The
contemplated anchorage ground would encompass waters within lines
connecting the following points: 41-15.91' N., 073-58.51' W.; thence to
41-15.91' N., 073-58.21' W.; thence to 41-15.27' N., 073-58.38' W.;
thence to 41-15.28' N., 073-58.65' W.; thence to the point of origin
(NAD 83).

Contemplated Montrose Point Anchorage Ground

    We are considering proposing that a Montrose Point Anchorage Ground
would cover approximately 127 acres for up to three vessels with a
draft of

less than 26 feet for long term usage. It would provide a vessel swing
radius of approximately 1,400 feet for each vessel. The contemplated
ground would encompass waters within lines connecting the following
points: 41-14.02' N., 073-57.45' W.; thence to 41-14.09' N., 073-57.15'
W.; thence to 41-31.10' N., 073-57.00' W.; thence to 41-13.18' N., 073-
56.60' W.; thence to the point of origin (NAD 83).

Contemplated Yonkers Extension Anchorage Ground

    We are considering proposing that a Yonkers Extension Anchorage
Ground would cover approximately 715 acres for up to 16 vessels with a
draft of less than 35 feet for long term usage. It would provide a
vessel swing radius of approximately 1,200 feet for each vessel. The
contemplated anchorage ground would encompass waters within lines
connecting the following points: 41-00.60' N., 073-53.61' W.; thence to
41-00.60' N., 073-53.31' W.; thence to 40-58.05' N., 073-53.96' W.;
thence to 40-56.96' N., 073-54.39' W.; thence to 40-57.02' N., 073-
54.71' W.; thence to 40-58.11' N., 073-54.25' W.; thence to the point
of origin (NAD 83).

E. Information Requested

    Public participation is requested to assist in determining the best
way forward with respect to establishing new anchorage grounds on the
Hudson River between Yonkers, NY, to Kingston, NY. To aid us in
developing a possible proposed rule, we seek any comments, whether
positive or negative, including but not limited to the impacts
anchorage grounds may have on navigation safety and current vessel
traffic in this area, the proposed number and size of vessels anchoring
in each proposed anchorage ground, and the authorized duration for each
vessel in each proposed anchorage ground. We are also seeking comments
on any additional locations where anchorage grounds may be helpful on
the Hudson River or any recommended alterations to the specific
locations considered in this notice. Please submit any comments or
concerns you may have in accordance with the ``Public Participation and
Request for Comments'' section above.

L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander First Coast Guard District.
[FR Doc. 2016-13701 Filed 6-8-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40270-40271]
[DOCID:fr11au09-138]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60439; File No. SR-NYSE-2009-78]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending a Temporary Equity Transaction Fee for Shares Executed on the
NYSE MatchPoint\SM\ System Through October 31, 2009

August 5, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 31, 2009, New York Stock Exchange LLC (``NYSE'' 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend a temporary equity transaction fee
for shares executed on the NYSE MatchPoint\SM\ (``NYSE MatchPoint'' or
``MatchPoint'') system, effective upon filing through October 31, 2009.
The text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

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
    On January 7, 2009, the Exchange filed with the Securities and
Exchange Commission (the ``Commission'') a proposed rule change to
adopt a temporary equity transaction fee for shares executed on the
NYSE MatchPointSM system, effective until February 28, 2009
(the ``January filing'').\4\ On February 26, 2009, the Exchange filed
with the Commission a proposed rule change to extend this temporary
equity transaction fee until April 30, 2009 (the ``March filing'').\5\
On April 29, 2009, the Exchange filed with the Commission a proposed
rule change to further extend this temporary equity transaction fee
until June 30, 2009 (the ``April filing'').\6\ On July 6, 2009, the
Exchange filed with the Commission a proposed rule change to further
extend this temporary equity transaction fee until July 31, 2009 (the
``July filing'').\7\ Through this filing, the Exchange proposes to
extend this equity transaction fee to be effective upon filing through
October 31, 2009.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59229 (January 12,
2009) 74 FR 3119 (January 16, 2009) (SR-NYSE-2009-01).
    \5\ See Securities Exchange Act Release No. 59491 (March 3,
2009) 74 FR 10107 (March 9, 2009) (SR-NYSE-2009-20).
    \6\ See Securities Exchange Act Release No. 59864 (May 5, 2009)
74 FR 22194 (May 12, 2009) (SR-NYSE-2009-44).
    \7\ See Securities Exchange Act Release No. 60278 (July 10,
2009) 74 FR 34615 (July 16, 2009) (SR-NYSE-2009-67).
---------------------------------------------------------------------------

    Prior to the January filing, the equity transaction fee was $.0015
per share executed on the MatchPoint system. In the January filing, the
Exchange proposed to adopt a scaled fee for MatchPoint users based on
the average daily volume of shares executed during a calendar month
through the MatchPoint system as follows:

------------------------------------------------------------------------
  Average daily volume of shares executed               Rate
------------------------------------------------------------------------
                                            ............................
50,000 shares or less.....................  $.0015 per share.
                                            ............................
Over 50,000 to 499,999....................  $.0010 per share.
                                            ............................
500,000 and greater.......................  $.0005 per share.
                                            ............................
------------------------------------------------------------------------

    The March, April and July filings proposed to continue this fee
schedule.
    The Exchange believes that the extension of the fee schedule
through October 31, 2009 will continue to reward those who have been
using the MatchPoint system for share execution, and will provide a
continued incentive for new participants in MatchPoint.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\8\ for the proposed rule change is the requirement under Section
6(b)(4) that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. The Exchange believes the fees
are reasonable in that they carry forward a reduction in fees that the
January filing established and that the March, April and July filings
extended, and are equitable in that they are available to all members
who access the MatchPoint system.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78a.
---------------------------------------------------------------------------

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-NYSE-2009-78 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-NYSE-2009-78. 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 inspection and
copying 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 the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2009-78 and should be
submitted on or before September 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19183 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Rules and Regulations]
[Page 653-656]
[DOCID:fr08ja07-6]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0648; FRL-8266-1]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Identification of the Northern Virginia PM2.5 Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revision consists of the
addition of counties in Northern Virginia which were designated as
nonattainment for the fine particulate (PM2.5) national ambient air
quality standard (NAAQS). EPA is approving this revision in accordance
with the requirements of the Clean Air Act.

DATES: This rule is effective on March 9, 2007 without further notice,
unless EPA receives adverse written comment by February 7, 2007. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0648 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0648, Linda Miller, Acting Chief, Air
Quality Planning and Analysis Branch,

Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No EPA-R03-OAR-
2006-0648. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia, 23219.

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

I. Background

    On May 8, 2006, the Commonwealth of Virginia submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of the addition of counties in the Northern Virginia PM2.5
nonattainment area to the air quality regulations in the Virginia Code
(9 VAC 5-20-204). This section of the Virginia regulations identifies
areas included in nonattainment areas for the National Ambient Air
Quality Standards (NAAQS).
    On July 18, 1997, EPA revised the NAAQS for particulate matter to
add a new standard for fine particulates (PM2.5), airborne
particles with a nominal aerodynamic diameter of 2.5 micrometers or
less. The health-based standards for air quality are the
PM2.5 annual NAAQS, 15 micrograms per cubic meter, based on
a 3-year average of annual mean PM2.5 concentrations; and
the 24-hour NAAQS. 65 micrograms per cubic meter based on a 3-year
average of the 98th percentile of 24-hour concentrations. Nonattainment
areas for the fine particle standard (PM2.5) were
promulgated by EPA on January 5, 2005 as required by section 197(d) of
the Clean Air Act (CAA). Additional information on the designation
process and requirements for nonattainment areas is found in the
Federal Register document for the designations (70 FR 944 and 71 FR
19844). The designation of these counties and local jurisdictions in a
PM2.5 nonattainment area is not the subject of this
rulemaking.

II. Summary of SIP Revision

    The Commonwealth of Virginia is amending 9 VAC 5-20-204.A.3 to
include the previously designated counties and local jurisdictions into
the Northern Virginia portion of the Washington, DC PM2.5
nonattainment area. The counties and local areas included in the
nonattainment area are Arlington County, Fairfax County, Loudon County,
Prince William, Alexandria City, Fairfax City, Falls Church City,
Manassas City, and Manassas Park City. This SIP revision approves the
addition of these counties and local jurisdictions to the planning
areas listed in the Virginia Code (9 VAC 5-20-204.A.3).

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) That are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements

imposed by Federal law,'' any person making a voluntary disclosure of
information to a state agency regarding a violation of an environmental
statute, regulation, permit, or administrative order is granted
immunity from administrative or civil penalty. The Attorney General's
January 12, 1998 opinion states that the quoted language renders this
statute inapplicable to enforcement of any Federally authorized
programs, since ``no immunity could be afforded from administrative,
civil, or criminal penalties because granting such immunity would not
be consistent with Federal law, which is one of the criteria for
immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving the revision (VA D05) which identifies areas
designated as part of the Northern Virginia portion of the Washington,
DC PM2.5 nonattainment area. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. The
designation process included opportunity for public comment. In
addition, there were no public comments in the State public
participation process. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on March 9, 2007
without further notice unless EPA receives adverse comment by February
7, 2007. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 9, 2007.
    Filing a petition for reconsideration by the Administrator of this
final rule to update the Virginia regulations to include counties and
local jurisdictions in the Northern Virginia PM2.5 nonattainment area
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, Particulate
matter,

Reporting and recordkeeping requirements.

    Dated: December 22, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entry for Chapter 20, Part II, Section 5-20-204 to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                     State
  State  citation  (9         Title/subject        effective       EPA approval date       Explanation  [former
        VAC 5)                                        date                                    SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
                                         Chapter 20 General Provisions

                                                 * * * * * * *
                                          Part II Air Quality Programs

                                                  * * * * * * *
5-20-204..............     Nonattainment Areas       5/4/05       1/8/07 [Insert page     Paragraph 5-20-204A.3
                                                                    number where the             is added.
                                                                    document begins]

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

* * * * *
 [FR Doc. E6-22552 Filed 1-5-07; 8:45 am]

BILLING CODE 6560-50-P