[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78423-78424]
[DOCID:fr29de06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2195-011]

Clackamas River Hydroelectric Project, Portland General Electric
Company Clackamas County, Oregon; Notice of Availability of the Final
Enivironmental Impact Statement for the Clackamas River Hydroeletric
Project

December 21, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations contained in the Code of Federal Regulations (CFR)(18 CFR
Part 380 [FERC Order No. 486, 52 FR 47897]) the Office of Energy
Projects staff (staff) reviewed the application for a New Major License
for the Clackamas River Hydroelectric Project located on the Clackamas
River, Clackamas County, Oregon. On June 16, 2006, a draft
environmental impact statement (DEIS) was issued for the project. The
public

was invited to comment on the DEIS. Staff has reviewed and responded to
comments received and have prepared a final environmental impact
statement (FEIS) for the project.
    The FEIS contains staff's analysis of the potential environmental
effects of the project and concludes that licensing the project, with
staff's recommended measures, would not constitute a major federal
action significantly affecting the quality of the human environment.
Copies of the FEIS have been sent to federal, state, and local
agencies; public interest groups; and individuals on the Commission's
mailing list.
    A copy of the FEIS is available for review at the Commission's
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``e-Library'' link. Enter the docket

number (P-2195), to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at (866) 208-
2376, or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John Blair at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
[FR Doc. E6-22361 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 19, 2007 (Volume 71, Number 52)]
[CORRECTIONS]
[Page 12859]
[DOCID:fr19mr07-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55371; File No. SR-Phlx-2007-06]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Port Fees as Modified by Amendment No. 1

Correction

    In notice document E7-3916 beginning on page 10287 in the issue of
Wednesday, March 7, 2007, make the following correction:
    On page 10288, in the second column, in the first paragraph, in the
last two lines, ``March 27, 2007'' should read ``March 28, 2007''.

[FR Doc. Z7-3916 Filed 3-16-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Page 33013]
[FR Doc No: 2012-13410]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67070; File No. SR-ICC-2012-04]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Add Rules Related to the Clearing of Emerging Markets
Sovereign Index Credit Default Swaps

May 29, 2012.
    On April 3, 2012, ICE Clear Credit (``ICC'') 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 proposed rule change to amend Section
26C, Section 26E, and Schedule 502 of ICC's rulebook. The proposed rule
change was published for comment in the Federal Register on April 16,
2012.\3\ The Commission received no comments on this proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66777 (April 10,
2012), 77 FR 22623 (April 16, 2012).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day from the publication of notice of filing of this proposed rule
change is May 31, 2012. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change, which would
allow ICC to list the five year tenor of the CDX Emerging Markets Index
CDS, Series 14, 15, 16 and 17 contracts. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,\5\ designates July 13, 2012 as
the date by which the Commission should either approve or disapprove,
or institute proceedings to determine whether to disapprove, the
proposed rule change (SR-ICC-2012-04).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-13410 Filed 6-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Notices]
[Page 73072-73073]
[DOCID:fr29no10-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL10-29-002, EL10-36-002]

Notice of Filing

November 18, 2010.

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

------------------------------------------------------------------------
Terra-Gen Dixie Valley, LLC.............................     EL10-29-002
TGP Dixie Development Company, LLC......................
New York Canyon, LLC....................................
Green Borders Geothermal, LLC v. Terra-Gen Dixie Valley,     EL10-36-002
 LLC....................................................
------------------------------------------------------------------------

November 18, 2010.
    Take notice that, on November 15, 2010, Terra-Gen Dixie, LLC (Dixie
Valley) filed its proposed open access transmission tariff to govern
the terms of new interconnection and transmission service on Dixie
Valley's existing 212-mile, 230 kV radial generator tie line, in
compliance with the Federal Energy Regulatory Commission's (Commission)
September 16, 2010 ``Order Granting in Part and Denying in Part
Petition for Declaratory Order and Complaint, 132 FERC ] 61,215,
(September 16 Order). Dixie Valley is also submitting evidence

of its specific pre-existing generation development plans to support
priority rights for itself and its affiliates to the existing and
planned capacity of the Dixie Valley Line, in compliance with the
Commission's October 8, 2010, Notice of Extension of Time, Docket Nos.
EL10-29-000 and EL10-36-000 (Oct 8, 2010).
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 6, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29847 Filed 11-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Proposed Rules]
[Pages 35602-35604]
[FR Doc No: 2020-12586]

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

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

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

Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0468; Product Identifier 2018-SW-046-AD]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.A. Model A119 and AW119 MKII helicopters. This
proposed AD was prompted by reports that certain fuel control units
(FCU) may not have been calibrated to specification during overhaul.
This proposed AD would require revising the rotorcraft flight manual
(RFM) for your helicopter and installing a placard to prohibit
intentional entry into autorotation. This proposed AD would also allow
replacement of an affected FCU as an optional terminating action for
the RFM revision and placard installation. The FAA is proposing this AD
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 27,
2020.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Leonardo
S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0468; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Clark Davenport, Flight Test Analyst,
Flight Test Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0468;
Product Identifier 2018-SW-046-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD 2018-0124, dated June 5, 2018 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Leonardo S.p.A.
Model A119 and AW119 MKII helicopters. EASA advises that certain FCUs
may not have been calibrated to specification during overhaul, and that
this condition, if not corrected, can lead to N1 fluctuations, hung
engine starts, and the inability to recover power during autorotation
training, possibly resulting in reduced control of the helicopter. To
address this unsafe condition, the EASA AD requires amendment of the
applicable RFM and installation of a placard to prohibit intentional
entry into autorotation. The EASA AD also allows removal of the RFM
limitation and placard after replacement of an affected FCU.
    You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0468.

Related Service Information Under 1 CFR Part 51

    Leonardo S.p.A. has issued Leonardo Helicopters Emergency Alert
Service Bulletin 119-089, Revision A, dated June 5, 2018. This service
information describes procedures for revising the RFM and installing a
placard in the cockpit.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
after evaluating all the relevant information and determining the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD affects 64 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................             $50             $220          $14,080
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable it to
provide cost estimates for the optional terminating action specified in
this proposed AD.

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

Leonardo S.p.A.: Docket No. FAA-2020-0468; Product Identifier 2018-
SW-046-AD.

(a) Comments Due Date

    The FAA must receive comments by July 27, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.A. Model A119 and AW119 MKII
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 1100, Placards and
markings.

(e) Reason

    This AD was prompted by reports that certain fuel control units
(FCU) may not have been calibrated to specification during overhaul.
The FAA is issuing this AD to address certain FCUs that may not have
been calibrated to specification during overhaul. This condition, if
not corrected, can lead to N1 fluctuations, hung engine starts, and
the inability to recover power during autorotation training,
possibly resulting in reduced control of the helicopter.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions in paragraphs
(g)(1) through (3) of this AD apply.
    (1) An affected FCU is one that is identified in section 1.A.,
``Effectivity,'' of Leonardo Helicopters Emergency Alert Service
Bulletin 119-089, Revision A, dated June 5, 2018.
    (2) Group 1 helicopters are those that have an affected FCU
installed.
    (3) Group 2 helicopters are those that do not have an affected
FCU installed.

(h) Required Rotorcraft Flight Manual (RFM) Amendment

    For Group 1 helicopters: Before further flight involving
intentional autorotation, or within 30 days after the effective date
of this AD, whichever occurs first, revise the Limitations Section
of the RFM for your helicopter in accordance with paragraph 4. of
the Accomplishment Instructions of Leonardo Helicopters Emergency
Alert Service Bulletin 119-089, Revision A, dated June 5, 2018.

(i) Required Placard Installation

    For Group 1 helicopters: Concurrently with the RFM amendment
required by paragraph (h) of this AD, install a placard in the
cockpit in accordance with paragraph 3. of the Accomplishment
Instructions of Leonardo Helicopters Emergency Alert Service
Bulletin 119-089, Revision A, dated June 5, 2018.

(j) Optional Terminating Action

    For Group 1 helicopters: Replacing the affected FCU with a non-
affected FCU allows the amendment to be removed from the RFM for
your helicopter and the placard to be removed from the helicopter.

(k) Parts Installation Prohibition

    (1) For Group 1 helicopters: Do not install an affected FCU on
any helicopter after replacement with a non-affected FCU.
    (2) For Group 2 helicopters: Do not install an affected FCU on
any helicopter after the effective date of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: Clark Davenport,

Flight Test Analyst, Flight Test Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, notify your
principal inspector or lacking a principal inspector, the manager of
the local flight standards district office or certificate holding
district office, before operating any aircraft complying with this
AD through an AMOC.

(m) Related Information

    (1) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2018-0124, dated June 5, 2018. This EASA AD may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0468.
    (2) For service information identified in this AD, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    Issued on June 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-12586 Filed 6-10-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Notices]
[Page 55592-55593]
[DOCID:fr25se08-106]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications Delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

N--New application.
M--Modification request.
PM--Party to application with modification request.

    Issued in Washington, DC, on September 17, 2008.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                     Modification to Special Permits
------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
14167-M...............  Trinityrail,                   4      09-30-2008
                         Dallas, TX.
8723-M................  Alaska Pacific                 1      09-30-2008
                         Powder Company,
                         Anchorage, AK.
10950-M...............  The Fertilizer                 1      10-31-2008
                         Institute,
                         Washington, DC.
13583-M...............  Structural                     1      10-31-2008
                         Composites
                         Industries,
                         Pomona, CA.
------------------------------------------------------------------------

                     New Special Permit Applications
------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
14643-N...............  World Airways,                 3      11-30-2008
                         Inc. Peachtree
                         City, GA.
14661-N...............  FIBA                           4      09-30-2008
                         Technologies,
                         Inc., Millbury,
                         MA.
14663-N...............  Department of                  1      10-31-2008
                         Energy,
                         Washington, DC.
14664-N...............  Century Arms,                  4      09-30-2008
                         Inc., Fairfax.
                         VT.
14668-N...............  Lincoln                        1      02-28-2009
                         Composites,
                         Lincoln, NE.
------------------------------------------------------------------------

[FR Doc. E8-22306 Filed 9-24-08; 8:45 am]

BILLING CODE 4910-60-M


ATTACHMENT A: 15 U.S.C. 2604  -  Section 5 of the Toxic Substances Control Act

15 U.S.C.
United States Code, 2011 Edition
Title 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER I - CONTROL OF TOXIC SUBSTANCES
Sec. 2604 - Manufacturing and processing notices
From the U.S. Government Printing Office, http://www.gpo.gov/

§2604. Manufacturing and processing notices
(a) In general
  (1) Except as provided in subsection (h) of this section, no person may --
        (A) manufacture a new chemical substance on or after the 30th day after the date on which the Administrator first publishes the list required by section 2607(b) of this title, or
        (B) manufacture or process any chemical substance for a use which the Administrator has determined, in accordance with paragraph (2), is a significant new use,

  unless such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d) of this section, of such person's intention to manufacture or process such substance and such person complies with any applicable requirement of subsection (b) of this section.
  (2) A determination by the Administrator that a use of a chemical substance is a significant new use with respect to which notification is required under paragraph (1) shall be made by a rule promulgated after a consideration of all relevant factors, including --
        (A) the projected volume of manufacturing and processing of a chemical substance,
        (B) the extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance,
        (C) the extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance, and
        (D) the reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.
(b) Submission of test data
  (1)(A) If (i) a person is required by subsection (a)(1) of this section to submit a notice to the Administrator before beginning the manufacture or processing of a chemical substance, and (ii) such person is required to submit test data for such substance pursuant to a rule promulgated under section 2603 of this title before the submission of such notice, such person shall submit to the Administrator such data in accordance with such rule at the time notice is submitted in accordance with subsection (a)(1) of this section.
  (B) If --
        (i) a person is required by subsection (a)(1) of this section to submit a notice to the Administrator, and
        (ii) such person has been granted an exemption under section 2603(c) of this title from the requirements of a rule promulgated under section 2603 of this title before the submission of such notice,

  such person may not, before the expiration of the 90 day period which begins on the date of the submission in accordance with such rule of the test data the submission or development of which was the basis for the exemption, manufacture such substance if such person is subject to subsection (a)(1)(A) of this section or manufacture or process such substance for a significant new use if the person is subject to subsection (a)(1)(B) of this section.
  (2)(A) If a person --
        (i) is required by subsection (a)(1) of this section to submit a notice to the Administrator before beginning the manufacture or processing of a chemical substance listed under paragraph (4), and
        (ii) is not required by a rule promulgated under section 2603 of this title before the submission of such notice to submit test data for such substance,

  such person shall submit to the Administrator data prescribed by subparagraph (B) at the time notice is submitted in accordance with subsection (a)(1) of this section.
  (B) Data submitted pursuant to subparagraph (A) shall be data which the person submitting the data believes show that --
        (i) in the case of a substance with respect to which notice is required under subsection (a)(1)(A) of this section, the manufacture, processing, distribution in commerce, use, and disposal of the chemical substance or any combination of such activities will not present an unreasonable risk of injury to health or the environment, or
        (ii) in the case of a chemical substance with respect to which notice is required under subsection (a)(1)(B) of this section, the intended significant new use of the chemical substance will not present an unreasonable risk of injury to health or the environment.

  (3) Data submitted under paragraph (1) or (2) shall be made available, subject to section 2613 of this title, for examination by interested persons.
  (4)(A)(i) The Administrator may, by rule, compile and keep current a list of chemical substances with respect to which the Administrator finds that the manufacture, processing, distribution in commerce, use, or disposal, or any combination of such activities, presents or may present an unreasonable risk of injury to health or the environment.
  (ii) In making a finding under clause (i) that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or any combination of such activities presents or may present an unreasonable risk of injury to health or the environment, the Administrator shall consider all relevant factors, including --
        (I) the effects of the chemical substance on health and the magnitude of human exposure to such substance; and
        (II) the effects of the chemical substance on the environment and the magnitude of environmental exposure to such substance.

  (B) The Administrator shall, in prescribing a rule under subparagraph (A) which lists any chemical substance, identify those uses, if any, which the Administrator determines, by rule under subsection (a)(2) of this section, would constitute a significant new use of such substance.
  (C) Any rule under subparagraph (A), and any substantive amendment or repeal of such a rule, shall be promulgated pursuant to the procedures specified in section 553 of title 5, except that (i) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions, (ii) a transcript shall be kept of any oral presentation, and (iii) the Administrator shall make and publish with the rule the finding described in subparagraph (A).
(c) Extension of notice period
  The Administrator may for good cause extend for additional periods (not to exceed in the aggregate 90 days) the period, prescribed by subsection (a) or (b) of this section before which the manufacturing or processing of a chemical substance subject to such subsection may begin. Subject to section 2613 of this title, such an extension and the reasons therefor shall be published in the Federal Register and shall constitute a final agency action subject to judicial review.
(d) Content of notice; publications in the Federal Register
  (1) The notice required by subsection (a) of this section shall include --
        (A) insofar as known to the person submitting the notice or insofar as reasonably ascertainable, the information described in subparagraphs (A), (B), (C), (D), (F), and (G) of section 2607(a)(2) of this title, and
        (B) in such form and manner as the Administrator may prescribe, any test data in the possession or control of the person giving such notice which are related to the effect of any manufacture, processing, distribution in commerce, use, or disposal of such substance or any article containing such substance, or of any combination of such activities, on health or the environment, and
        (C) a description of any other data concerning the environmental and health effects of such substance, insofar as known to the person making the notice or insofar as reasonably ascertainable.

  Such a notice shall be made available, subject to section 2613 of this title, for examination by interested persons.
  (2) Subject to section 2613 of this title, not later than five days (excluding Saturdays, Sundays and legal holidays) after the date of the receipt of a notice under subsection (a) of this section or of data under subsection (b) of this section, the Administrator shall publish in the Federal Register a notice which --
        (A) identifies the chemical substance for which notice or data has been received;
        (B) lists the uses or intended uses of such substance; and
        (C) in the case of the receipt of data under subsection (b) of this section, describes the nature of the tests performed on such substance and any data which was developed pursuant to subsection (b) of this section or a rule under section 2603 of this title.

  A notice under this paragraph respecting a chemical substance shall identify the chemical substance by generic class unless the Administrator determines that more specific identification is required in the public interest.
  (3) At the beginning of each month the Administrator shall publish a list in the Federal Register of (A) each chemical substance for which notice has been received under subsection (a) of this section and for which the notification period prescribed by subsection (a), (b), or (c) of this section has not expired, and (B) each chemical substance for which such notification period has expired since the last publication in the Federal Register of such list.
(e) Regulation pending development of information
  (1)(A) If the Administrator determines that --
        (i) the information available to the Administrator is insufficient to permit a reasoned evaluation of the health and environmental effects of a chemical substance with respect to which notice is required by subsection (a) of this section; and
        (ii)(I) in the absence of sufficient information to permit the Administrator to make such an evaluation, the manufacture, processing, distribution in commerce, use, or disposal of such substance, or any combination of such activities, may present an unreasonable risk of injury to health or the environment, or
        (II) such substance is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance,

  the Administrator may issue a proposed order, to take effect on the expiration of the notification period applicable to the manufacturing or processing of such substance under subsection (a), (b), or (c) of this section, to prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of such substance or to prohibit or limit any combination of such activities.
  (B) A proposed order may not be issued under subparagraph (A) respecting a chemical substance (i) later than 45 days before the expiration of the notification period applicable to the manufacture or processing of such substance under subsection (a), (b), or (c) of this section, and (ii) unless the Administrator has, on or before the issuance of the proposed order, notified, in writing, each manufacturer or processor, as the case may be, of such substance of the determination which underlies such order.
  (C) If a manufacturer or processor of a chemical substance to be subject to a proposed order issued under subparagraph (A) files with the Administrator (within the 30-day period beginning on the date such manufacturer or processor received the notice required by subparagraph (B)(ii)) objections specifying with particularity the provisions of the order deemed objectionable and stating the grounds therefor, the proposed order shall not take effect.
  (2)(A)(i) Except as provided in clause (ii), if with respect to a chemical substance with respect to which notice is required by subsection (a) of this section, the Administrator makes the determination described in paragraph (1)(A) and if --
        (I) the Administrator does not issue a proposed order under paragraph (1) respecting such substance, or
        (II) the Administrator issues such an order respecting such substance but such order does not take effect because objections were filed under paragraph (1)(C) with respect to it,

  the Administrator, through attorneys of the Environmental Protection Agency, shall apply to the United States District Court for the District of Columbia or the United States district court for the judicial district in which the manufacturer or processor, as the case may be, of such substance is found, resides, or transacts business for an injunction to prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of such substance (or to prohibit or limit any combination of such activities).
  (ii) If the Administrator issues a proposed order under paragraph (1)(A) respecting a chemical substance but such order does not take effect because objections have been filed under paragraph (1)(C) with respect to it, the Administrator is not required to apply for an injunction under clause (i) respecting such substance if the Administrator determines, on the basis of such objections, that the determinations under paragraph (1)(A) may not be made.
  (B) A district court of the United States which receives an application under subparagraph (A)(i) for an injunction respecting a chemical substance shall issue such injunction if the court finds that --
        (i) the information available to the Administrator is insufficient to permit a reasoned evaluation of the health and environmental effects of a chemical substance with respect to which notice is required by subsection (a) of this section; and
        (ii)(I) in the absence of sufficient information to permit the Administrator to make such an evaluation, the manufacture, processing, distribution in commerce, use, or disposal of such substance, or any combination of such activities, may present an unreasonable risk of injury to health or the environment, or
        (II) such substance is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance.

  (C) Pending the completion of a proceeding for the issuance of an injunction under subparagraph (B) respecting a chemical substance, the court may, upon application of the Administrator made through attorneys of the Environmental Protection Agency, issue a temporary restraining order or a preliminary injunction to prohibit the manufacture, processing, distribution in commerce, use, or disposal of such a substance (or any combination of such activities) if the court finds that the notification period applicable under subsection (a), (b), or (c) of this section to the manufacturing or processing of such substance may expire before such proceeding can be completed.
  (D) After the submission to the Administrator of test data sufficient to evaluate the health and environmental effects of a chemical substance subject to an injunction issued under subparagraph (B) and the evaluation of such data by the Administrator, the district court of the United States which issued such injunction shall, upon petition dissolve the injunction unless the Administrator has initiated a proceeding for the issuance of a rule under section 2605(a) of this title respecting the substance. If such a proceeding has been initiated, such court shall continue the injunction in effect until the effective date of the rule promulgated in such proceeding or, if such proceeding is terminated without the promulgation of a rule, upon the termination of the proceeding, whichever occurs first.
(f) Protection against unreasonable risks
  (1) If the Administrator finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance with respect to which notice is required by subsection (a) of this section, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or environment before a rule promulgated under section 2605 of this title can protect against such risk, the Administrator shall, before the expiration of the notification period applicable under subsection (a), (b), or (c) of this section to the manufacturing or processing of such substance, take the action authorized by paragraph (2) or (3) to the extent necessary to protect against such risk.
  (2) The Administrator may issue a proposed rule under section 2605(a) of this title to apply to a chemical substance with respect to which a finding was made under paragraph (1) --
        (A) a requirement limiting the amount of such substance which may be manufactured, processed, or distributed in commerce,
        (B) a requirement described in paragraph (2), (3), (4), (5), (6), or (7) of section 2605(a) of this title, or
        (C) any combination of the requirements referred to in subparagraph (B).

  Such a proposed rule shall be effective upon its publication in the Federal Register. Section 2605(d)(2)(B) of this title shall apply with respect to such rule.
  (3)(A) The Administrator may --
        (i) issue a proposed order to prohibit the manufacture, processing, or distribution in commerce of a substance with respect to which a finding was made under paragraph (1), or
        (ii) apply, through attorneys of the Environmental Protection Agency, to the United States District Court for the District of Columbia or the United States district court for the judicial district in which the manufacturer, or processor, as the case may be, of such substance, is found, resides, or transacts business for an injunction to prohibit the manufacture, processing, or distribution in commerce of such substance.

  A proposed order issued under clause (i) respecting a chemical substance shall take effect on the expiration of the notification period applicable under subsection (a), (b), or (c) of this section to the manufacture or processing of such substance.
  (B) If the district court of the United States to which an application has been made under subparagraph (A)(ii) finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance with respect to which such application was made, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment before a rule promulgated under section 2605 of this title can protect against such risk, the court shall issue an injunction to prohibit the manufacture, processing, or distribution in commerce of such substance or to prohibit any combination of such activities.
  (C) The provisions of subparagraphs (B) and (C) of subsection (e)(1) of this section shall apply with respect to an order issued under clause (i) of subparagraph (A); and the provisions of subparagraph (C) of subsection (e)(2) of this section shall apply with respect to an injunction issued under subparagraph (B).
  (D) If the Administrator issues an order pursuant to subparagraph (A)(i) respecting a chemical substance and objections are filed in accordance with subsection (e)(1)(C) of this section, the Administrator shall seek an injunction under subparagraph (A)(ii) respecting such substance unless the Administrator determines, on the basis of such objections, that such substance does not or will not present an unreasonable risk of injury to health or the environment.
(g) Statement of reasons for not taking action
  If the Administrator has not initiated any action under this section or section 2605 or 2606 of this title to prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance, with respect to which notification or data is required by subsection (a)(1)(B) or (b) of this section, before the expiration of the notification period applicable to the manufacturing or processing of such substance, the Administrator shall publish a statement of the Administrator's reasons for not initiating such action. Such a statement shall be published in the Federal Register before the expiration of such period. Publication of such statement in accordance with the preceding sentence is not a prerequisite to the manufacturing or processing of the substance with respect to which the statement is to be published.
(h) Exemptions
  (1) The Administrator may, upon application, exempt any person from any requirement of subsection (a) or (b) of this section to permit such person to manufacture or process a chemical substance for test marketing purposes --
        (A) upon a showing by such person satisfactory to the Administrator that the manufacture, processing, distribution in commerce, use, and disposal of such substance, and that any combination of such activities, for such purposes will not present any unreasonable risk of injury to health or the environment, and
        (B) under such restrictions as the Administrator considers appropriate.

  (2)(A) The Administrator may, upon application, exempt any person from the requirement of subsection (b)(2) of this section to submit data for a chemical substance. If, upon receipt of an application under the preceding sentence, the Administrator determines that --
        (i) the chemical substance with respect to which such application was submitted is equivalent to a chemical substance for which data has been submitted to the Administrator as required by subsection (b)(2) of this section, and
        (ii) submission of data by the applicant on such substance would be duplicative of data which has been submitted to the Administrator in accordance with such subsection,

  the Administrator shall exempt the applicant from the requirement to submit such data on such substance. No exemption which is granted under this subparagraph with respect to the submission of data for a chemical substance may take effect before the beginning of the reimbursement period applicable to such data.
  (B) If the Administrator exempts any person, under subparagraph (A), from submitting data required under subsection (b)(2) of this section for a chemical substance because of the existence of previously submitted data and if such exemption is granted during the reimbursement period for such data, then (unless such person and the persons referred to in clauses (i) and (ii) agree on the amount and method of reimbursement) the Administrator shall order the person granted the exemption to provide fair and equitable reimbursement (in an amount determined under rules of the Administrator) --
        (i) to the person who previously submitted the data on which the exemption was based, for a portion of the costs incurred by such person in complying with the requirement under subsection (b)(2) of this section to submit such data, and
        (ii) to any other person who has been required under this subparagraph to contribute with respect to such costs, for a portion of the amount such person was required to contribute.

  In promulgating rules for the determination of fair and equitable reimbursement to the persons described in clauses (i) and (ii) for costs incurred with respect to a chemical substance, the Administrator shall, after consultation with the Attorney General and the Federal Trade Commission, consider all relevant factors, including the effect on the competitive position of the person required to provide reimbursement in relation to the persons to be reimbursed and the share of the market for such substance of the person required to provide reimbursement in relation to the share of such market of the persons to be reimbursed. For purposes of judicial review, an order under this subparagraph shall be considered final agency action.
  (C) For purposes of this paragraph, the reimbursement period for any previously submitted data for a chemical substance is a period --
        (i) beginning on the date of the termination of the prohibition, imposed under this section, on the manufacture or processing of such substance by the person who submitted such data to the Administrator, and
        (ii) ending --
          (I) five years after the date referred to in clause (i), or
          (II) at the expiration of a period which begins on the date referred to in clause (i) and is equal to the period which the Administrator determines was necessary to develop such data,

whichever is later.

  (3) The requirements of subsections (a) and (b) of this section do not apply with respect to the manufacturing or processing of any chemical substance which is manufactured or processed, or proposed to be manufactured or processed, only in small quantities (as defined by the Administrator by rule) solely for purposes of --
        (A) scientific experimentation or analysis, or
        (B) chemical research on, or analysis of such substance or another substance, including such research or analysis for the development of a product,

  if all persons engaged in such experimentation, research, or analysis for a manufacturer or processor are notified (in such form and manner as the Administrator may prescribe) of any risk to health which the manufacturer, processor, or the Administrator has reason to believe may be associated with such chemical substance.
  (4) The Administrator may, upon application and by rule, exempt the manufacturer of any new chemical substance from all or part of the requirements of this section if the Administrator determines that the manufacture, processing, distribution in commerce, use, or disposal of such chemical substance, or that any combination of such activities, will not present an unreasonable risk of injury to health or the environment. A rule promulgated under this paragraph (and any substantive amendment to, or repeal of, such a rule) shall be promulgated in accordance with paragraphs (2) and (3) of section 2605(c) of this title.
  (5) The Administrator may, upon application, make the requirements of subsections (a) and (b) of this section inapplicable with respect to the manufacturing or processing of any chemical substance (A) which exists temporarily as a result of a chemical reaction in the manufacturing or processing of a mixture or another chemical substance, and (B) to which there is no, and will not be, human or environmental exposure.
  (6) Immediately upon receipt of an application under paragraph (1) or (5) the Administrator shall publish in the Federal Register notice of the receipt of such application. The Administrator shall give interested persons an opportunity to comment upon any such application and shall, within 45 days of its receipt, either approve or deny the application. The Administrator shall publish in the Federal Register notice of the approval or denial of such an application.
(i) "Manufacture" and "process" defined
  For purposes of this section, the terms "manufacture" and "process" mean manufacturing or processing for commercial purposes.
(Pub. L. 94 - 469, title I, §5, Oct. 11, 1976, 90 Stat. 2012; renumbered title I, Pub. L. 99 - 519, §3(c)(1), Oct. 22, 1986, 100 Stat. 2989.)


[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Page 71261]
[FR Doc No: 2021-27065]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-395-000.
    Applicants: East Cheyenne Gas Storage, LLC.
    Description: Sec.  4(d) Rate Filing: East Cheyenne Tariff Filing to
be effective 1/6/2022.
    Filed Date: 12/7/21.
    Accession Number: 20211207-5062.
    Comment Date: 5 p.m. ET 12/20/21.

    Docket Numbers: RP22-396-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Compliance filing: Annual Flowthrough Crediting
Mechanism Filing on 12/8/21 to be effective N/A.
    Filed Date: 12/8/21.
    Accession Number: 20211208-5051.
    Comment Date: 5 p.m. ET 12/20/21.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding. The filings are accessible in the Commission's eLibrary
system (https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by
querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 8, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-27065 Filed 12-14-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Proposed Rules]
[Page 63730-63732]
[DOCID:fr18oc10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0529; Airspace Docket No. 10-ANM-3]

Proposed Establishment of Class E Airspace; Panguitch, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This supplemental notice of proposed rulemaking would expand
controlled Class E airspace to include a portion extending upward from
1,200 feet above the surface at Panguitch Municipal Airport, Panguitch,
UT. In an NPRM published in the Federal Register June 28, 2010, the FAA
proposed to establish controlled airspace from 700 feet above the
surface. The FAA has reassessed the proposal to include Class E
airspace 700 feet and 1,200 feet above the surface to further the
safety and management of Instrument Flight Rules (IFR) operations at
the airport.

DATES: Comments must be received on or before December 2, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0529; Airspace Docket No. 10-ANM-3, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On June 28, 2010, the FAA published a NPRM to establish Class E
airspace extending upward from 700 feet or more above the surface, at
Panguitch Municipal Airport, Panguitch, UT (75 FR 36585). The comment
period closed August 12, 2010. Two comments were received.
    One commenter recommended establishing Class E surface airspace at
Panguitch Municipal Airport. The FAA does not agree. There is no ATC
communications down to the surface at the airport; therefore, the
airport does not meet the requirements of Class E

surface area airspace. One commenter recommended expanding the proposed
Class E 700 feet airspace area to include 1,200 feet above the surface
for aircraft safety. The FAA agrees and has proposed to include a
portion of Class E airspace upward from 1,200 feet above the surface,
with Class E airspace extending upward from 700 feet above the surface,
for Standard Instrument Approach Procedures (SIAPs) at Panguitch
Municipal Airport. The FAA seeks comments on this SNPRM.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2010-0529 and Airspace Docket No. 10-ANM-3) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2010-0529 and Airspace Docket No. 10-ANM-3''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Supplemental Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 1,200 feet above the surface at Panguitch Municipal
Airport, Panguitch UT. Controlled airspace extending upward from 700
feet and 1,200 feet above the surface is necessary to accommodate
aircraft using the new RNAV (GPS) SIAPs at Panguitch Municipal Airport
and would enhance the safety and management of IFR operations.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9U, dated August 18, 2010 and effective September 15,
2010, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Panguitch Municipal
Airport, Panguitch, UT.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

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

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM UT E5 Panguitch, UT [New]

Panguitch Municipal Airport, UT
    (Lat. 37[deg]50'43'' N., Long. 112[deg]23'31'' W.)

    That airspace extending from 700 feet above the surface within
an 11.7-mile radius of the Panguitch Municipal Airport, and that
airspace extending upward from 1,200 feet above the surface within
an area bounded by lat. 38[deg]25'00'' N., long. 112[deg]32'00'' W.,
to lat. 38[deg]24'00'' N., long. 112[deg]02'00'' W., to lat.
37[deg]52'00'' N., long. 111[deg]47'00'' W., to lat. 37[deg]14'00''
N., long. 112[deg]20'00'' W., to lat. 37[deg]14'00'' N., long.
112[deg]56'00'' W., to lat.

37[deg]42'30'' N., long. 112[deg]55'00'' W., to lat. 37[deg]43'00''
N., long. 112[deg]43'00'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on October 6, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-26096 Filed 10-15-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53569-53572]
[DOCID:fr19se07-77]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0934; FRL-8149-7]

FIFRA Scientific Advisory Panel; Notice of Public Meeting

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Notice.

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 SUMMARY: There will be a 4-day meeting of the Federal Insecticide,
Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to
consider and review the interpretation of the Ecological Significance
of Atrazine Stream-Water Concentrations Using a Statistically-Designed
Monitoring Program.

 DATES: The meeting will be held on December 4-7, 2007, from
approximately 8:30 a.m. to 5 p.m, Eastern Standard Time.
    Comments. The Agency encourages written comments be submitted by
November 19, 2007 and requests for oral comments be submitted by
November 27, 2007. Written comments and requests to make oral comments
are accepted until the date of the meeting but anyone submitting
written comments after November 19, 2007 should contact the Designated
Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT.
For additional instructions, see Unit I.C. of the SUPPLEMENTARY
INFORMATION.
    Nominations. Nominations of candidates to serve as ad hoc members
of the FIFRA SAP for this meeting should be provided on or before
October 3, 2007.
    Special accommodations. For information on access or services for
individuals with disabilities, and to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to give EPA as much time
as possible to process your request.

ADDRESSES: The meeting will be held at the Crowne Plaza - Washington
National Airport, 1489 Jefferson Davis Highway, Arlington, VA 22202.
The telephone number for the Crowne Plaza - Washington National Airport
is<PHONE_NUMBER>.
    Comments. Submit your comments, identified by docket identification
(ID)

number EPA-HQ-OPP-2007-0934, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
      Mail: Office of Pesticide Programs (OPP) Regulatory
Public Docket (7502P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW, Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions. Direct your comments to docket ID number EPA-HQ-OPP-
2007-0934. If your comments contain any information that you consider
to be CBI or otherwise protected, please contact the DFO listed under
FOR FURTHER INFORMATION CONTACT to obtain special instructions before
submitting your comments. EPA's policy is that all comments received
will be included in the docket without change and may be made available
on-line 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
regulations.gov or e-mail. The regulations.gov website 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 regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the 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 docket are listed in a docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in a docket index, some information is not publicly
available, e.g., 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 in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The hours of operation of this Docket Facility are from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.
    Nominations, requests to present oral comments, and requests for
special accommodations. Submit nominations to serve as an ad hoc member
of the FIFRA SAP, requests for special seating accommodations, or
requests to present oral comments to the DFO listed under FOR FURTHER
INFORMATION CONTACT.

 FOR FURTHER INFORMATION CONTACT: Jim Downing, DFO, Office of Science
Coordination and Policy (7201M), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8432; fax number:<PHONE_NUMBER>; e-mail addresses:
<EMAIL_ADDRESS>

 SUPPLEMENTARY INFORMATION:

 I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of particular interest to persons who are or may be
required to conduct testing of chemical substances under the Federal
Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality
Protection Act of 1996 (FQPA). Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the DFO listed under FOR FURTHER INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     2. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

 C. How May I Participate in this Meeting?

    You may participate in this meeting by following the instructions
in this unit. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-OPP-2007-0934 in the subject line
on the first page of your request.
    1. Written comments. The Agency encourages that written comments be
submitted, using the instructions in ADDRESSES, no later than November
19, 2007, to provide FIFRA SAP the time necessary to consider and
review the written comments. Written comments are accepted until the
date of the meeting but anyone submitting written comments after
November 19, 2007 should contact the DFO listed under FOR FURTHER
INFORMATION CONTACT. Anyone submitting written comments at the meeting
should bring 30 copies for distribution to the FIFRA SAP.
    2. Oral comments. The Agency encourages that each individual or
group wishing to make brief oral comments to FIFRA SAP submit their
request to the DFO listed under FOR FURTHER INFORMATION CONTACT no
later than November 27, 2007, in order to be included on the meeting
agenda. Requests to present oral comments will be accepted until the
date of the meeting and, to the extent that time permits, the

Chair of the FIFRA SAP may permit the presentation of oral comments at
the meeting by interested persons who have not previously requested
time. The request should identify the name of the individual making the
presentation, the organization (if any) the individual will represent,
and any requirements for audiovisual equipment (e.g., overhead
projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP
are limited to approximately 5 minutes unless prior arrangements have
been made. In addition, each speaker should bring 30 copies of his or
her comments and presentation slides for distribution to the FIFRA SAP
at the meeting.
    3. Seating at the meeting. Seating at the meeting will be open and
on a first-come basis.
    4. Request for nominations to serve as ad hoc members of the FIFRA
SAP for this meeting. As part of a broader process for developing a
pool of candidates for each meeting, the FIFRA SAP staff routinely
solicits the stakeholder community for nominations of prospective
candidates for service as ad hoc members of the FIFRA SAP. Any
interested person or organization may nominate qualified individuals to
be considered as prospective candidates for a specific meeting.
Individuals nominated for this meeting should have expertise in one or
more of the following areas: Aquatic ecology, aquatic community
modeling, environmental sampling statistics, environmental monitoring
design and exposure assessment, watershed vulnerability assessment,
including experience in evaluating chemical run-off potential, and soil
science. Nominees should be scientists who have sufficient professional
qualifications, including training and experience, to be capable of
providing expert comments on the scientific issues for this meeting.
Nominees should be identified by name, occupation, position, address,
and telephone number. Nominations should be provided to the DFO listed
under FOR FURTHER INFORMATION CONTACT on or before October 3, 2007. The
Agency will consider all nominations of prospective candidates for this
meeting that are received on or before this date. However, final
selection of ad hoc members for this meeting is a discretionary
function of the Agency.
     The selection of scientists to serve on the FIFRA SAP is based on
the function of the panel and the expertise needed to address the
Agency's charge to the panel. No interested scientists shall be
ineligible to serve by reason of their membership on any other advisory
committee to a Federal department or agency or their employment by a
Federal department or agency except the EPA. Other factors considered
during the selection process include availability of the potential
panel member to fully participate in the panel's reviews, absence of
any conflicts of interest or appearance of lack of impartiality,
independence with respect to the matters under review, and lack of
bias. Although financial conflicts of interest, the appearance of lack
of impartiality, lack of independence, and bias may result in
disqualification, the absence of such concerns does not assure that a
candidate will be selected to serve on the FIFRA SAP. Numerous
qualified candidates are identified for each panel. Therefore,
selection decisions involve carefully weighing a number of factors
including the candidates' areas of expertise and professional
qualifications and achieving an overall balance of different scientific
perspectives on the panel.
    In order to have the collective breadth of experience needed to
address the Agency's charge for this meeting, the Agency anticipates
selecting approximately 10 ad hoc scientists. FIFRA SAP members are
subject to the provisions of 5 CFR part 2634, Executive Branch
Financial Disclosure, as supplemented by the EPA in 5 CFR part 6401. In
anticipation of this requirement, prospective candidates for service on
the FIFRA SAP will be asked to submit confidential financial
information which shall fully disclose, among other financial
interests, the candidate's employment, stocks and bonds, and where
applicable, sources of research support. The EPA will evaluate the
candidates financial disclosure form to assess whether there are
financial conflicts of interest, appearance of a lack of impartiality
or any prior involvement with the development of the documents under
consideration (including previous scientific peer review) before the
candidate is considered further for service on the FIFRA SAP. Those who
are selected from the pool of prospective candidates will be asked to
attend the public meetings and to participate in the discussion of key
issues and assumptions at these meetings. In addition, they will be
asked to review and to help finalize the meeting minutes. The list of
FIFRA SAP members participating at this meeting will be posted on the
FIFRA SAP website at http://epa.gov/scipoly/sap or may be obtained from the OPP Regulatory Public Docket at http://www.regulations.gov.

 II. Background

 A. Purpose of the FIFRA SAP

    The FIFRA SAP serves as the primary scientific peer review
mechanism of EPA's Office of Prevention, Pesticides and Toxic
Substances (OPPTS) and is structured to provide scientific advice,
information and recommendations to the EPA Administrator on pesticides
and pesticide-related issues as to the impact of regulatory actions on
health and the environment. The FIFRA SAP is a Federal advisory
committee established in 1975 under FIFRA that operates in accordance
with requirements of the Federal Advisory Committee Act. The FIFRA SAP
is composed of a permanent panel consisting of seven members who are
appointed by the EPA Administrator from nominees provided by the
National Institutes of Health and the National Science Foundation.
FIFRA, as amended by FQPA, established a Science Review Board
consisting of at least 60 scientists who are available to the
Scientific Advisory Panel on an ad hoc basis to assist in reviews
conducted by the Scientific Advisory Panel. As a peer review mechanism,
the FIFRA SAP provides comments, evaluations and recommendations to
improve the effectiveness and quality of analyses made by Agency
scientists. Members of the FIFRA SAP are scientists who have sufficient
professional qualifications, including training and experience, to
provide expert advice and recommendation to the Agency.

 B. Public Meeting

    A risk assessment was conducted by EPA as part of the 2003 Interim
Registration Eligibility Document (IRED) for the pesticide active
ingredient atrazine. The assessment indicated potential community-and
population-level risk to sensitive aquatic ecosystems at prolonged
concentrations of atrazine from 10 - 20 parts per billion. As a
condition of re-registration, atrazine registrants were required to
develop a monitoring program to determine the extent to which atrazine
concentrations in streams associated with corn and sorghum production
may be exceeding levels that could cause effects to aquatic
communities. If the threshold were exceeded, then a watershed-based
mitigation program could be required.
    The atrazine exposure threshold was developed based on an analysis
of the magnitude and duration of atrazine exposure that caused
significant effects as reported in experimental microcosm and mesocosm
studies. The primary endpoint of concern focused on impacts

to the primary producers in the aquatic plant community and the
subsequent impacts to community structure. The monitoring program
design was based on a population of 1,172 watersheds whose streams were
identified as highly vulnerable to atrazine exposure based on factors
such as atrazine use intensity in corn and sorghum production and run-
off vulnerability. A sub-set of 40 sites was selected for monitoring
using a stratified, random statistical survey design. Streams were
monitored for a minimum of two years with samples collected at least
once every four days. Data from each stream were evaluated on a yearly
basis to determine if atrazine concentrations were detected at
sufficient levels over sufficiently long time durations to exceed the
exposure threshold of concern. Based on the sampling design, the
results from the streams in the 40 watersheds allow statistically-based
inferences to the larger population of 1,172 watersheds vulnerable to
atrazine runoff.
    Key questions to be addressed by the FIFRA SAP at this public
meeting are as follows:
    1. Based on available experimental microcosm and mesocosm studies
and ecosystem response models were the relationships between atrazine
exposure profiles and aquatic community responses determined in a
reasonable and transparent manner to establish thresholds of concern
for atrazine?
    2. Based on the monitoring design, is the approach to estimating
the extent of watersheds in corn and sorghum producing areas that
exceed atrazine thresholds of concern for aquatic community effects
appropriate?
    3. Based on results of the monitoring study, are the hypotheses and
related methods and data sets being employed to identify potential
watershed attributes associated with higher atrazine exposures
appropriate?

C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, related supporting materials, charge/
questions to the FIFRA SAP, FIFRA SAP composition (i.e., members and ad
hoc members for this meeting), and the meeting agenda will be available
by mid-November 2007. In addition, the Agency may provide additional
background documents as the materials become available. You may obtain
electronic copies of these documents, and certain other related
documents that might be available electronically, at http://www.regulations.gov and the FIFRA SAP homepage at http://www.epa.gov/

scipoly/sap.
    The FIFRA SAP will prepare meeting minutes summarizing its
recommendations to the Agency approximately 90 days after the meeting.
The meeting minutes will be posted on the FIFRA SAP website or may be
obtained from the OPP Regulatory Public Docket at http://www.regulations.gov
.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 13, 2007.
Clifford J. Gabriel,
Director, Office of Science Coordination and Policy.
[FR Doc. E7-18455 Filed 9-18-07; 8:45 am]

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