[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4233-4234]
[FR Doc No: 2018-01776]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3382-EM; Docket ID FEMA-2018-0001]

Louisiana; Amendment No. 3 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Louisiana (FEMA-3382-EM), dated August 28, 2017, and
related determinations.

DATES: The change occurred on January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, John E. Long,
of FEMA is appointed to act as the Federal Coordinating Officer for
this emergency.
    This action terminates the appointment of William J. Doran III as
Federal Coordinating Officer for this emergency.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-01776 Filed 1-29-18; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69401-69402]
[FR Doc No: 2019-27196]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87721; File No. SR-NASDAQ-2019-049]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend the Definition of Family Member in Listing Rule
5605(a)(2) for Purposes of the Definition of Independent Director

December 12, 2019.
    On May 29, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposal to modify the definition of a ``Family Member'', for purposes
of the independence of directors, under Nasdaq Rule 5605(a)(2). The
proposed rule change was published for comment in the Federal Register
on June 18, 2019.\3\ On August 1, 2019, pursuant to Section 19(b)(2) of
the Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\5\

On September 13, 2019, the Commission issued an order instituting
proceedings under Section 19(b)(2)(B) of the Act \6\ to determine
whether to approve or disapprove the proposed rule change (``OIP'').\7\
The Commission received one comment letter, from Nasdaq, in response to
the OIP.\8\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 86095 (June 12,
2019), 84 FR 28379.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 86545 (August 1,
2019), 84 FR 38704 (August 7, 2019). The Commission designated
September 16, 2019, as the date by which it should approve,
disapprove, or institute proceedings to determine whether to
disapprove the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 86969 (September 13,
2019), 84 FR 49353 (September 19, 2019).
    \8\ See letter from Jeffrey S. Davis, Senior Vice President and
Senior Deputy General Counsel, Nasdaq, to Vanessa A. Countryman,
Secretary, Commission, dated November 12, 2019.
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on June 18, 2019. The 180th day after publication of
the Notice is December 15, 2019, and February 13, 2020 is an additional
60 days from that date.
    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change and the comment letter. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,\10\ designates February 13,
2020 as the date by which the Commission shall either approve or
disapprove the proposed rule change (File No. SR-NASDAQ-2019-049).
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ Id.
    \11\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27196 Filed 12-17-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60777-60778]
[FR Doc No: 2020-21344]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL20-72-000]

Louisiana Public Service Commission, Arkansas Public Service
Commission, Council of the City of New Orleans, Louisiana, Mississippi
Public Service Commission v. System Energy Resources, Inc., Entergy
Services, LLC; Notice of Complaint

    Take notice that on September 21, 2020, pursuant to sections 306,
and 309 of the Federal Power Act, 16 U.S.C. 825e, and 825h, and Rule
206 of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206, Louisiana Public Service
Commission, Arkansas Public Service Commission, Council of the City of
New Orleans, Louisiana, and Mississippi Public Service Commission
(Complainants) filed a formal complaint against System Energy
Resources, Inc. (SERI) and Entergy Services, LLC (Respondents),
alleging that SERI violated its filed rate and the Commission's
ratemaking and accounting requirements in billing the costs of the
Grand Gulf nuclear unit to its four affiliated customers, Entergy
Arkansas, LLC., Entergy Louisiana LLC., Entergy Mississippi, LLC. and
Entergy New Orleans, LLC, pursuant to a Unit Power Sales Agreement, all
as more fully explained in the complaint.
    The Complainants certifies that copies of the complaint were served
on the contacts listed for Respondents in the Commission's list of
Corporate Officials.
    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. The Respondent's answer and all
interventions, or protests must be filed on or before the comment date.
The Respondent's answer, motions to intervene, and protests must be
served on the Complainants.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 12, 2020.

    Dated: September 22, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21344 Filed 9-25-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30485-30487]
[FR Doc No: E9-15145]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0272; FRL-8923-3]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District and South Coast
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and South
Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
particulate matter emissions from open burning; wood burning fireplaces
and heaters; and the storage, handling, and transportation of coke,
coal, and sulfur. We are proposing to approve local rules that regulate
these emissions under the Clean Air Act as amended in 1990 (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.

DATES: Any comments must arrive by July 27, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0272, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public

comment. 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public Comment and Final Action.
III. Statutory and Executive Order Reviews.

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that the rules were amended by the local air agencies and submitted by
the California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                               Rule
               Local agency                               Rule title               Amended    Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..................................       4103  Open Burning.....................    05/17/07    04/06/09
SJVUAPCD..................................       4901  Wood Burning Fireplaces and Wood     10/16/08    12/23/08
                                                        Burning Heaters.
SCAQMD....................................       1158  Storage, Handling, and Transport     07/11/08    12/23/08
                                                        of Coke, Coal and Sulfur.
----------------------------------------------------------------------------------------------------------------

    On April 20, 2009, the submittal of SJVUAPCD Rule 4901 and SCAQMD
Rule 1158 was determined to meet the completeness criteria in 40 CFR
part 51, appendix V, which must be met before formal EPA review. On May
13, 2009, the submittal of SJVUAPCD Rule 4103 was determined to meet
the completeness criteria.

B. Are there other versions of these rules?

    A version of SJVUAPCD Rule 4103 was approved into the SIP on April
11, 2006 (71 FR 18216). A version of SJVUAPCD Rule 4901 was approved
into the SIP on September 30, 2003 (68 FR 56181). A version of SCAQMD
Rule 1158 was approved into the SIP on June 10, 2002 (67 FR 39616).

C. What is the purpose of the submitted rule revisions?

    Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of local air
districts' programs to control these pollutants.
    The purpose of SJVUAPCD Rule 4103 is to regulate open burning
activities and minimize smoke impacts on the public. The purpose of
SJVUAPCD Rule 4901 is to limit emissions of carbon monoxide and
particulate matter from wood burning fireplaces, wood burning heaters,
and outdoor wood burning devices. The purpose of SCAQMD Rule 1158 is to
reduce emissions of particulate matter from the storage, handling, and
transport of coke, coal, and sulfur. EPA's technical support documents
(TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
CAA) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas, and Best
Available Control Measures (BACM), including Best Available Control
Technology (BACT), in serious PM nonattainment areas (see CAA sections
189(a)(1) and 189(b)(1)). SJVUAPCD regulates a PM-10 maintenance area
so must continue to fulfill the requirements of BACM/BACT. SCAQMD
regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so
SCAQMD Rule 1158 must fulfill the requirements of BACM/BACT.
    Guidance and policy documents that we used to help evaluate rules
consistently include the following guidance documents:
    1. Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
    2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, EPA (May 25, 1988). [The Bluebook]
    3. Addendum to the General Preamble for the Implementation of Title
I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16,
1994).
    4. PM-10 Guideline Document (EPA-452/R-93-008).
    5. 2007 Ozone Plan, San Joaquin Valley Air Pollution Control
District (April 30, 2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
    6. Minimum BACM/RACM Control Measures for Residential Wood
Combustion Rules, EPA Region IX (February 17, 2009).
    7. 2008 PM2.5 Plan, San Joaquin Valley Air Pollution Control
District (April 30, 2008). http://www.valleyair.org/air_quality_plans/aq_proposed_pm25_2008.htm.

B. Do the rules meet the evaluation criteria?

    We believe that SJVUAPCD Rules 4103 and 4901, and SCAQMD Rule 1158,
are consistent with the relevant policy and guidance regarding
enforceability, BACM/BACT, and SIP relaxations. The TSDs have more
information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD for SJVUAPCD Rule 4901 describes additional revisions that
do not affect EPA's current action but are recommended for the next
time the local agency modifies the rule.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the CAA. We will accept comments from

the public on this proposal for the next 30 days. Unless we receive
convincing new information during the comment period, we intend to
publish a final approval action that will incorporate these rules into
the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: June 8, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-15145 Filed 6-25-09; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5248-5249]
[FR Doc No: 2011-1463]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA-08-0055]

Insurer Reporting Requirements; Annual Insurer Report on Motor
Vehicle Theft for the 2005 Reporting Year

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice of availability.

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SUMMARY: This notice announces publication by NHTSA of the annual
insurer report on motor vehicle theft for the 2005 reporting year.
Section 33112(h) of Title 49 of the U.S. Code, requires this
information to be compiled periodically and published by the agency in
a form that will be helpful to the public, the law enforcement
community, and Congress. As required by section 33112(c), this report
provides information on theft and recovery of vehicles; rating rules
and plans used by motor vehicle insurers to reduce premiums due to a
reduction in motor vehicle thefts; and actions taken by insurers to
assist in deterring thefts.

ADDRESSES: Interested persons may obtain a copy of this report or read
background documents by going to http://regulations.dot.gov at any time
or to Room W12-140 on the ground level of the West Building, 1200 New
Jersey Avenue, SE., Washington DC, 20590, between 9 am and 5 pm, Monday
through Friday, except Federal Holidays. Requests should refer to
Docket No. 2008-0055.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Ave., SE., Washington, DC 20590. Ms. Ballard's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Motor Vehicle Theft Law Enforcement Act
of 1984 (Theft Act) was implemented to enhance detection and
prosecution of motor vehicle theft (Pub. L. 98-547). The Theft Act
added a new Title VI to the Motor Vehicle Information and Cost Savings
Act, which required the Secretary of Transportation to issue a theft
prevention standard for identifying major parts of certain high-theft
lines of passenger cars. The Act also addressed several other actions
to reduce motor vehicle theft, such as increased criminal penalties for
those who traffic in stolen vehicles and parts, curtailment of the
exportation of stolen motor vehicles and off-highway mobile equipment,
establishment of penalties for dismantling vehicles for the purpose of
trafficking in stolen parts, and development of ways to encourage
decreases in premiums charged to consumers for motor vehicle theft
insurance.
    This notice announces publication by NHTSA of the annual insurer
report on motor vehicle theft for the 2005 reporting year. Section
33112(h) of Title 49 of the U.S. Code, requires this information to be
compiled periodically and published by the agency in a form that will
be helpful to the public, the law enforcement community, and Congress.
As required by section 33112(h), this report focuses on the assessment
of information on theft and recovery of motor vehicles, comprehensive
insurance coverage and actions taken by insurers to reduce thefts for
the 2005 reporting period.

    Section 33112 of Title 49 requires subject insurers or designated
agents to report annually to the agency on theft and recovery of
vehicles, on rating rules and plans used by insurers to reduce premiums
due to a reduction in motor vehicle thefts, and on actions taken by
insurers to assist in deterring thefts. Rental and leasing companies
also are required to provide annual theft reports to the agency. In
accordance with 49 CFR 544.5, each insurer, rental and leasing company
to which this regulation applies must submit a report annually not
later than October 25, beginning with the calendar year for which they
are required to report. The report would contain information for the
calendar year three years previous to the year in which the report is
filed. The report that was due by October 25, 2008 contains the
required information for the 2005 calendar year. Interested persons may
obtain a copy of individual insurer reports for CY 2005 by contacting
the U.S. Department of Transportation, Docket Management, 1200 New
Jersey Avenue, SE., West Building, Room W12-140 ground level,
Washington, DC 20590-001. Requests should refer to Docket No. 2008-
0055.
    The annual insurer reports provided under section 33112 are
intended to aid in implementing the Theft Act and fulfilling the
Department's requirements to report to the public the results of the
insurer reports. The first annual insurer report, referred to as the
Section 612 Report on Motor Vehicle Theft, was prepared by the agency
and issued in December 1987. The report included theft and recovery
data by vehicle type, make, line, and model which were tabulated by
insurance companies and, rental and leasing companies. Comprehensive
premium information for each of the reporting insurance companies was
also included. This report, the twentieth, discloses the same subject
information and follows the same reporting format.

    Issued on: January 20, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-1463 Filed 1-27-11; 8:45 am]
BILLING CODE 4910-59-P


                                   MEMORANDUM

Tetra Tech, Inc. 10306 Eaton Place, Suite 340 Fairfax, VA 22030 phone<PHONE_NUMBER> fax<PHONE_NUMBER>

DATE: 		March 15, 2012; revised February 26, 2014

TO:			Paul Shriner and Lisa Biddle, EPA 	 FROM:		Blaine Snyder, Henry Latimer, and Kelly Meadows, Tetra Tech

SUBJECT:	Fragile Fish Species

EPA is reviewing approaches for including or excluding certain fish species from some impingement mortality (IM) requirements based on fragility, a concept suggested in comments. In this analysis, we characterize those fish identified in IM studies used in developing the IM performance standards based on their relative fragility. Specifically, EPA reviewed the species-specific mortality data from the studies that were used to develop the IM performance standard. (See the Technical Development Document for more details.) From that data, any species that exhibited a survival rate of less than 30% was deemed to be fragile and were then excluded from calculations for the performance standard. These species are: alewife, American shad, Atlantic herring, Atlantic long-finned squid, Atlantic menhaden, bay anchovy, blueback herring, bluefish, butterfish, gizzard shad, grey snapper, hickory shad, menhaden, rainbow smelt, round herring, and silver anchovy. These fragile species are specifically named in the regulatory language.

EPA corroborated this approach using two independent approaches; these approaches to defining the "fragility" of species subjected to impingement are summarized in the attached spreadsheet. The corroborating approaches are based on expert biologist opinion, and compared to existing impingement survival information.

The first analysis assumes that all fish were late juveniles or adults. It's difficult to craft a specific definition for "fragile" in this context, but one approach identifies those species that are considered particularly fragile because they are the least likely to survive stresses associated with impingement (e.g., the top third of the species on a theoretical impingement mortality gradient). Even with a definition of "fragile" and/or a threshold for distinguishing fragile and non-fragile species, there would still be some intermediate species. This is reflected in the attached spreadsheet, which used a sampling of IM studies to develop a list of commonly impinged fish and then assessed their hardiness. We used red, yellow, and green highlights to tag species as particularly fragile, somewhat fragile, and rather hardy in an IM context, respectively.

The red category includes some species that should be universally recognized as fragile, such as the anchovies and the herrings. Others like mackerel and bluefish were included in the red category because they're fast-swimming pelagic predator species that by nature are constantly moving and are unlikely to tolerate the "inactivity" of being impinged. The Salmonidae (trout and salmon) and Anguillidae (American eel) are highlighted in yellow because, depending on conditions and life stages, they can be somewhat fragile (e.g., American eel IM survival rates can vary widely).

Impingement survival can vary within species based on life stage, ambient conditions (e.g., water temperature or season, salinity, etc.), and intake conditions (e.g., amount of debris on screens, type of screen, screen wash frequency, screen travel time, etc.). However, late juvenile and adult species identified as fragile species are still categorized as fragile regardless of the other conditions, life stage, ambient conditions, and intake conditions. Therefore, other generalizations were not necessary to identify the most fragile (least hardiness categories) as highlighted in the spreadsheet.

After completing this analysis, we conducted a second analysis that compared EPRI's estimates of impingement survival for fish families (as found in Impingement and Entrainment Survival Studies Technical Support Document. EPRI, Palo Alto, CA. 2005. Technical Report #1011278) to our species ratings. EPRI summarized impingement survival data by fish family, and separated families into three categories: high survival rate potential (71-100%); intermediate survival rate potential (31-70%); and low survival rate potential (0-30%). EPRI based their survival estimates on the apparent overall potential for surviving impingement in prior studies. They noted that these estimations should only be used as an approximation of survival. We re-classified all species based on the EPRI fish family ratings and inserted those classifications as a separate column in the attached spreadsheet.

Conclusion

There is good general agreement in fragile species ratings between the list of fragile species in the draft regulation and the two independent analyses, particularly for the low survival (or fragile) category. Nearly all of the species identified from the IM studies as fragile are also identified as fragile in the Tt analysis; the exceptions are the Atlantic long-finned squid, grey snapper, hickory shad, round herring, and silver anchovy. None of these species were identified in the Tt analysis but all belong to a family identified by EPRI as being fragile. As a result, the analysis supports the draft definition and list of fragile species.

Similarly, the EPRI data also supports the draft definition and resultant list of fragile species. The EPRI analysis identified families of fragile fish; this broader approach identified each of the species identified by EPA in reviewing studies for the IM performance standards, and resulted in a virtually identical list of species.

This revised analysis also generally agreed with the EPRI analysis. We highlighted 14 fragile species, 12 of which were in families identified as having a low survival rate potential by EPRI; the other two (mackerel and Spanish mackerel) were in families identified as having an intermediate survival rate by EPRI.