ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 63 [ EPA R06 OAR 2005 LA 0004; FRL ]

National Emission Standards for Hazardous Air Pollutants;

Delegation of Authority to Louisiana AGENCY: Environmental Protection Agency ( EPA).

ACTION: Direct final rule; delegation of authority SUMMARY: The Louisiana Department of Environmental Quality ( LDEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants ( NESHAPs) for certain sources ( both part 70 and non part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The delegation of authority under this notice does not apply to sources located in Indian Country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

DATES: This rule is effective on [ Insert date 60 days from date of publication in the Federal Register], without further notice, unless EPA receives adverse comment by [ Insert date 30 days from date of publication in the Federal Register]. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. 2 ADDRESSES: Submit your comments, identified by Docket ID No. EPA R06 OAR 2005 LA

0004, by one of the following methods:

° Federal eRulemaking Portal: http:// www. regulations. gov. Follow the on line instructions for submitting comments.

° U. S. EPA Region 6 " Contact Us" web site: http:// epa. gov/ region6/ r6coment. htm Please click on " 6PD" ( Multimedia) and select " Air" before submitting comments.

° E mail: Jeff Robinson at robinson. jeffrey@ epa. gov. Please also cc the person listed in the FOR FURTHER INFORMATION CONTACT section below.

° Fax: Mr. Jeff Robinson, Air Permits Section ( 6PD R), at fax number 214 665 7263.

° Mail: Mr. Jeff Robinson, Air Permits Section ( 6PD R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

° Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits Section ( 6PD R),

Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

Such deliveries are accepted only between the hours of 8: 00am and 4: 00pm weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA R06 OAR 2005 LA 0004. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www. regulations. gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through 3 www. regulations. gov or e mail. The www. 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 www. regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the www. regulations. gov index.

Although listed in the index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form.

Publicly available docket materials are available either electronically in www. regulations. gov or at the Air Permitting Section ( 6PD R), Environmental Protection Agency, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202 2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8: 30am and 4: 30pm weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 4 cents per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment:

Louisiana Department of Environmental Quality, Office of Environmental Assessment,

602 N. Fifth Street, Baton Rouge, Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U. S. EPA, Region 6,

Multimedia Planning and Permitting Division ( 6PD), 1445 Ross Avenue, Dallas, TX 75202

2733, telephone ( 214) 665 6435; fax number 214 665 7263; or electronic mail at robinson. jeffrey@ epa. gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever " we," " us," or " our" is used, we mean the EPA.

SUPPLEMENTARY INFORMATION:

Table of Contents I. General Information II. What Does This Action Do?

III. What Is The Authority For Delegation? 5 IV. What Criteria Must Louisiana's Program Meet To Be Approved?

V. How Did LDEQ Meet The Subpart E Approval Criteria?

VI. What Is Being Delegated?

VII. What Is Not Being Delegated?

VIII. How Will Applicability Determinations Under Section 112 Be Made?

IX. What Authority Does EPA Have?

X. What Information Must LDEQ Provide To EPA?

XI. What Is EPA's Oversight Of This Delegation To LDEQ?

XII. Should Sources Submit Notices To EPA Or LDEQ?

XIII. How Will Unchanged Authorities Be Delegated To LDEQ In The Future?

XIV. Final Action XV. Statutory and Executive Order Reviews I. General Information A. Tips for Preparing Your Comments.

When submitting comments, remember to:

1. Identify the rulemaking by docket 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. 6 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.

B. Submitting confidential business information ( CBI)

Do not submit this information to EPA through www. regulations. gov or e mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

II. What Does This Action Do? 7 EPA is taking direct final action to approve the delegation of certain NESHAPs to LDEQ. With this delegation, LDEQ has the primary responsibility to implement and enforce the delegated standards. See Section VI, below, for a complete discussion of which standards are being delegated and which are not being delegated.

III. What Is The Authority For Delegation?

Section 112( l) of the CAA and 40 CFR part 63, Subpart E, authorizes EPA to delegate authority to any state or local agency which submits adequate regulatory procedures for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR part 63.

IV. What Criteria Must Louisiana's Program Meet To Be Approved?

EPA previously approved LDEQ's program for the delegation of certain NESHAP standards in 40 CFR part 63 on March 26, 2004 ( 69 FR 15687), and updated the delegation on December 15, 2004 ( 69 FR 74979). Section 112( l) of the CAA enables EPA to approve State air toxics programs or rules to operate in place of the Federal air toxics program or rules. 40 CFR part 63, Subpart E ( Subpart E) governs EPA's approval of State rules or programs under Section 112( l).

EPA will approve an air toxics program if we find that: 8 ( 1) the State program is " no less stringent" than the corresponding Federal program or rule;

( 2) the State has adequate authority and resources to implement the program;

( 3) the schedule for implementation and compliance is sufficiently expeditious; and ( 4) the program otherwise complies with Federal guidance.

In order to obtain approval of its program to implement and enforce Federal section 112 rules as promulgated without changes ( straight delegation), only the criteria of 40 CFR 63.91( d)

must be met. 40 CFR 63.91( d)( 3) provides that interim or final Title V program approval will satisfy the criteria of 40 CFR 63.91( d) for part 70 sources.

V. How Did LDEQ Meet The Subpart E Approval Criteria?

As part of its Title V submission, LDEQ stated that it intended to use the mechanism of incorporation by reference to adopt unchanged Federal section 112 into its regulations. This applied to both existing and future standards as they applied to part 70 sources. 59 FR 43797 ( August 25, 1994) and 60 FR 17750 ( April 7, 1995). On September 12, 1995, EPA promulgated final full approval of the State's operating permits program effective October 12, 1995. 60 FR 42296. Under 40 CFR 63.91( d)( 2), once a state has satisfied up front approval criteria, it needs only to reference the previous demonstration and reaffirm that it still meets the criteria for any subsequent submittals. LDEQ has affirmed that it still meets the up front approval criteria. 9 VI. What Is Being Delegated?

EPA received LDEQ's request to update the NESHAP delegation on August 12, 2005.

LDEQ requested the EPA to update the delegation of authority for the following:

A. NESHAPs ( 40 CFR part 63 standards) through July 1, 2004.

LDEQ's request was for delegation of certain NESHAPS for all sources ( both part 70 and non part 70 sources). The request includes revisions of the NESHAP standards adopted unchanged into Louisiana Administrative Code ( LAC) Title 33: III, Chapter 51, Subchapter C, §

5122  Incorporation by Reference of 40 CFR part 63 as it Applies to Major Sources; and Chapter 53, Subchapter B, § 5311  Incorporation by Reference of 40 CFR part 63 as it Applies to Area Sources. LDEQ also requested that EPA remove the delegation for Subpart D   Early Reductions. LDEQ has requested delegation of the part 63 NESHAPs set forth in Table 1 below.

Table 1 40 CFR Part 63 NESHAP for Source Categories Subpart Source Category EEEE Organic Liquids Distribution ( Non Gasoline)

FFFF Miscellaneous Organic Chemical Manufacturing ( MON)

IIII Surface Coating of Auto and Light Duty Trucks KKKK Surface Coating of Metal Cans MMMM Surface Coating of Miscellaneous Metal Parts and Products PPPP Surface Coating of Plastic Parts and Products YYYY Stationary Combustion Turbines ZZZZ Stationary Reciprocating Internal Combustion Engines ( RICE) 10 AAAAA Lime Manufacturing Plants EEEEE Iron and Steel Foundries GGGGG Site Remediation HHHHH Miscellaneous Coating Manufacturing IIIII Mercury Cell Chlor Alkali Plants RRRRR Taconite Iron Ore Processing TTTTT Primary Magnesium Refining VII. What Is Not Being Delegated?

EPA cannot delegate to a State any of the Category II Subpart A authorities set forth in 40 CFR 63.91( g)( 2). These include the following provisions: § 63.6( g), Approval of Alternative Non Opacity Standards; § 63.6( h)( 9), Approval of Alternative Opacity Standards; §

63.7( e)( 2)( ii) and ( f), Approval of Major Alternatives to Test Methods; § 63.8( f), Approval of Major Alternatives to Monitoring; and § 63.10( f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, some MACT standards have certain provisions that cannot be delegated to the States [ e. g. 40 CFR 63.106( b)]. Therefore, any MACT standard that EPA is delegating to LDEQ that provides that certain authorities cannot be delegated are retained by EPA and not delegated. Furthermore, no authorities are delegated that require rulemaking in the Federal Register to implement, or where Federal overview is the only way to ensure national consistency in the application of the standards or requirements of CAA Section 112. EPA will change the delegation status of part 63  Subpart J standard for Polyvinyl Chloride and 11 Copolymers Production in this delegation action. This standard was vacated by Mossville Environmental Action Now v. EPA, 370 F. 3d 1232 ( D. C. Cir. 2004), and EPA's petition for rehearing was denied by the Court of Appeals for the D. C. Circuit on April 15, 2005. This standard was previously delegated to LDEQ. EPA is currently preparing a new Subpart J standard. Finally, Section 112( r), the accidental release program authority, is not being delegated by this approval.

All of the inquiries and requests concerning implementation and enforcement of the excluded standards in the State of Louisiana should be directed to the EPA Region 6 Office.

In addition, this delegation to LDEQ to implement and enforce certain NESHAPs does not extend to sources or activities located in Indian country, as defined in 18 U. S. C. 1151. Under this definition, EPA treats as reservations, trust lands validly set aside for the use of a Tribe even if the trust lands have not been formally designated as a reservation. Consistent with previous federal program approvals or delegations, EPA will continue to implement the NESHAPs in Indian country because LDEQ has not adequately demonstrated its authority over sources and activities located within the exterior boundaries of Indian reservations and other areas in Indian country.

VIII. How Will Applicability Determinations Under Section 112 Be Made? 12 In approving this delegation, LDEQ will obtain concurrence from EPA on any matter involving the interpretation of section 112 of the CAA or 40 CFR part 63 to the extent that implementation, administration, or enforcement of these sections have not been covered by EPA determinations or guidance.

IX. What Authority Does EPA Have?

We retain the right, as provided by CAA section 112( l)( 7), to enforce any applicable emission standard or requirement under Section 112. EPA also has the authority to make certain decisions under the General Provisions ( Subpart A) of part 63. We are granting LDEQ some of these authorities, and retaining others, as explained in Sections VI and VII above. In addition,

EPA may review and disapprove of State determinations and subsequently require corrections.

( See 40 CFR 63.91( g) and 65 FR 55810, 55823, September 14, 2000.)

Furthermore, we retain any authority in an individual emission standard that may not be delegated according to provisions of the standard. Also, listed in the footnotes of the part 63 delegation table at the end of this rule are the authorities that cannot be delegated to any State or local agency which we therefore retain.

X. What Information Must LDEQ Provide To EPA? 13 In delegating the authority to implement and enforce these rules and in granting a waiver of EPA notification requirements, we require LDEQ to input all source information into the Aerometric Information Retrieval System ( AIRS) for both point and area sources, as applicable.

LDEQ must enter this information into the AIRS system and update the information by September 30 of every year. LDEQ must provide any additional compliance related information to EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 days of a request under 40 CFR 63.96( a).

In receiving delegation for specific General Provisions authorities, LDEQ must submit to EPA Region 6 on a semi annual basis, copies of determinations issued under these authorities.

For part 63 standards, these determinations include: applicability determinations ( 63.1);

approval/ disapprovals of construction and reconstruction [ 63.5( e) and ( f)]; notifications regarding the use of a continuous opacity monitoring system [ 63.6( h)( 7)( ii)]; finding of compliance [ 63.6( h)( 8)]; approval/ disapprovals of compliance extensions [ 63.6( i)];

approvals/ disapprovals of minor [ 63.7( e)( 2)( i)] or intermediate [ 63.7( e)( 2)( ii) and ( f)] alternative test methods; approval of shorter sampling times and volumes [ 63.7( e)( 2)( iii)]; waiver of performance testing [ 63.7( e)( 2)( iv) and ( h)( 2), ( 3)]; approvals/ disapprovals of minor or intermediate alternative monitoring methods [ 63.8( f)]; approval of adjustments to time periods for submitting reports ( 63.9 and 63.10); and approvals/ disapprovals of minor alternatives to recordkeeping and reporting [ 63.10( f)]. 14 Additionally, EPA's Emission Measurement Center of the Emissions Monitoring and Analysis Division must receive copies of any approved intermediate changes to test methods or monitoring. ( Please note that intermediate changes to test methods must be demonstrated as equivalent through the procedures set out in EPA method 301.) This information on approved intermediate changes to test methods and monitoring will be used to compile a database of decisions that will be accessible to State and local agencies and EPA Regions for reference in making future decisions. ( For definitions of major, intermediate and minor alternative test methods or monitoring methods, see 40 CFR 63.90). The LDEQ should forward these intermediate test methods or monitoring changes via mail or facsimile to: Chief, Source Categorization Group A, EPA ( MD 19), Research Triangle Park, NC 27711, Facsimile telephone number: ( 919) 541 1039.

XI. What Is EPA's Oversight Of This Delegation To LDEQ?

EPA must oversee LDEQ's decisions to ensure the delegated authorities are being adequately implemented and enforced. We will integrate oversight of the delegated authorities into the existing mechanisms and resources for oversight currently in place. If, during oversight,

we determine that LDEQ made decisions that decreased the stringency of the delegated standards, then LDEQ shall be required to take corrective actions and the source( s) affected by the decisions will be notified, as required by 40 CFR 63.91( g)( 1)( ii). We will initiate withdrawal of the program or rule if the corrective actions taken are insufficient. 15 XII. Should Sources Submit Notices To EPA Or LDEQ?

All of the information required pursuant to the Federal NESHAP ( 40 CFR part 63) should be submitted by sources located outside of Indian country, directly to the LDEQ at the following address: Office of Environmental Services, P. O. Box 4313,

Baton Rouge, LA 70821 4313. The LDEQ is the primary point of contact with respect to delegated NESHAPs. Sources do not need to send a copy to EPA. EPA Region 6 waives the requirement that notifications and reports for delegated standards be submitted to EPA in addition to LDEQ in accordance with 40 CFR 63.9( a)( 4)( ii) and 63.10( a)( 4)( ii).

XIII. How Will Unchanged Authorities Be Delegated To LDEQ In The Future?

In the future, LDEQ will only need to send a letter of request to EPA, Region 6,

for those NESHAP regulations that LDEQ has adopted by reference. The letter must reference the previous up front approval demonstration and reaffirm that it still meets the up front approval criteria. We will respond in writing to the request stating that the request for delegation is either granted or denied. A Federal Register will be published to inform the public and affected sources of the delegation, indicate where source notifications and reports should be sent, and to amend the relevant portions of the Code of Federal Regulations showing which NESHAP standards have been delegated to LDEQ. 16 XIV. Final Action The public was provided the opportunity to comment on the proposed approval of the program and mechanism for delegation of Section 112 standards, as they apply to part 70 sources, on August 24, 1994, for the proposed interim approval of LDEQ's Title V operating permits program; and on April 7, 1995, for the proposed final approval of LDEQ's Title V operating permits program. In EPA's final full approval of Louisiana's Operating Permits Program ( 60 FR 47296), the EPA discussed the public comments on the proposed delegation of the Title V operating permits program. The public was also given the opportunity to comment on the delegation of authority to Louisiana for National Emission Standards for Hazardous Air Pollutants on March 26, 2004 ( 69 FR 15687 and 69 FR 15755) and on December 15, 2004 ( 69 FR 74979), and received no public comments on either delegation of authority. In this action, the public is given the opportunity to comment on the approval of LDEQ's request for delegation of authority to implement and enforce certain Section 112 standards for all sources ( both part 70 and non part 70 sources) which have been adopted by reference into Louisiana's state regulations. However, the Agency views the approval of these requests as a noncontroversial action and anticipates no adverse comments. Therefore, EPA is publishing this rule without prior proposal. However, in the " Proposed Rules" section of today's Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the program and delegation of authority described in this action if adverse comments are received. This action was effective on [ Insert date 60 days from date of publication in the Federal Register], without further notice unless the Agency 17 receives relevant adverse comments by [ Insert date 30 days from date of publication in the Federal Register].

If EPA receives adverse comments, we will publish a timely withdrawal in the Federal Register informing the public the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.

XV. Statutory and Executive Order Reviews Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use" ( 66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable 18 duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4).

This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be 19 inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act.

Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

The Congressional Review Act, 5 U. S. C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report,

which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a " major rule" as defined by 5 U. S. C. section 804( 2).

Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ FEDERAL REGISTER OFFICE: insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may 20 be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances,

Intergovernmental relations, Reporting and recordkeeping requirements, Incorporation by reference.

Authority: This action is issued under the authority of Section 112 of the Clean Air Act,

as amended, 42 U. S. C. 7412.

April 7, 2006.

__________________________ Dated: Richard E. Greene Regional Administrator Region 6 21 40 CFR part 63 is amended as follows:

Part 63   [ AMENDED]

1. The authority citation for part 63 continues to read as follows:

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

Subpart E   Approval of State Programs and Delegation of Federal Authorities 2. Section 63.99 is amended by revising paragraph ( a)( 18)( i) as follows:

§ 63.99 Delegated Federal Authorities ( a) ***

( 18) ***

( i) The following table lists the specific part 63 standards that have been delegated unchanged to the Louisiana Department of Environmental Quality for all sources. The " X" symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law,

regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after the date of adoption are not delegated.

DELEGATION STATUS FOR PART 63 STANDARDS  STATE OF LOUISIANA1 SUBPART SOURCE CATEGORY LDEQ 2,3 A General Provisions X 22 F Hazardous Organic NESHAP ( HON)  Synthetic Organic Chemical Manufacturing Industry ( SOCMI) X G HON  SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X H HON  Equipment Leaks X I HON  Certain Processes Negotiated Equipment Leak Regulation X J Polyvinyl Chloride and Copolymers Production X 4 K ( Reserved)

L Coke Oven Batteries X M Perchloroethylene Dry Cleaning X N Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Sterilizers X P ( Reserved)

Q Industrial Process Cooling Towers X R Gasoline Distribution X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V ( Reserved)

W Epoxy Resins Production and Non Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading X Z ( Reserved)

AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing X FF ( Reserved)

GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair Facilities X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X 23 MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand Alone Semichemical Pulp Mills X NN ( Reserved)

OO Tanks  Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X TT Equipment Leaks  Control Level 1 X UU Equipment Leaks  Control Level 2 Standards X VV Oil Water Separators and Organic Water Separators X WW Storage Vessels ( Tanks)  Control Level 2 X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X YY Generic Maximum Achievable Control Technology Standards X ZZ BBB ( Reserved)

CCC Steel Pickling  HCl Process Facilities and Hydrochloric Acid Regeneration X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF ( Reserved)

GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X KKK ( Reserved)

LLL Portland Cement Manufacturing X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Amino/ Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS ( Reserved)

TTT Primary Lead Smelting X 24 UUU Petroleum Refineries   Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works ( POTW) X WWW ( Reserved)

XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X CCCC Nutritional Yeast Manufacturing X EEEE Organic Liquids Distribution ( Non Gasoline) X FFFF Miscellaneous Organic Chemical Manufacturing X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet Formed Fiberglass Mat Production X IIII Auto & Light Duty Trucks X JJJJ Paper and other Web Coating X KKKK Surface Coating of Metal Cans X MMMM Surface Coating of Miscellaneous Metal Parts and Products X NNNN Surface Coating of Large Appliances X OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X PPPP Surface Coating of Plastic Parts and Products X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating for Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Production Manufacture X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Tire Manufacturing X YYYY Stationary Combustion Turbines X ZZZZ Stationary Reciprocating Internal Combustion Engines ( RICE) X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters EEEEE Iron and Steel Foundries X 25 FFFFF Integrated Iron and Steel X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X KKKKK Clay Ceramics Manufacturing X LLLLL Asphalt Roofing and Processing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production, Fumed Silica Production X PPPPP Engine Test Facilities X QQQQQ Friction Products Manufacturing X RRRRR Taconite Ore Processing X SSSSS Refractory Products Manufacturing X TTTTT Primary Magnesium Refining X 1 Program delegated to Louisiana Department of Environmental Quality ( LDEQ).

2 Federal rules adopted unchanged as of July 1, 2004.

3 Authorities which may not be delegated include: 63.6( g), Approval of Alternative Non Opacity Emission Standards; 63.6( h)( 9), Approval of Alternative Opacity Standards; 63.7( e)( 2)( ii) and ( f), Approval of Major Alternatives to Test Methods; 63.8( f), Approval of Major Alternatives to Monitoring; 6.3.10( f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts ( e. g., under " Delegation of Authority") that cannot be delegated.

4 The standard was previously delegated to LDEQ. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 ( D. C. Cir. 2004). Because of the D. C. Circuit Court's holding this standard is not delegated to LDEQ at this time.


[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]
[Page 730-731]
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59182; File No. SR-CBOE-2008-130]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Options Regulatory Fee

December 30, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 24, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by CBOE. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    CBOE proposes to amend its Fees Schedule relating to the Options
Regulatory Fee. The text of the proposed rule change is available on
the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary and at the Commission.

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

    In its filing with the Commission, CBOE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CBOE has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

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

(a) Purpose
    The Exchange recently filed a proposed rule change with the
Commission to eliminate Registered Representative Fees and establish a
transaction-based ``Options Regulatory Fee'' (``ORF'').\3\ Effective
January 1, 2009, the Exchange would assess $.0045 per contract to each
member for all options transactions executed by the member that are
cleared by The Options Clearing Corporation (``OCC'') in the customer
range (i.e., that clear in a customer account at OCC), excluding
Options Intermarket Linkage Plan (``Linkage'') orders. The ORF would be
imposed upon all such transactions executed by a member, even if such
transactions do not take place on the Exchange. The ORF would be
collected indirectly from members through their clearing firms by OCC
on behalf of the Exchange.
    The Exchange proposes to waive the fee until February 1, 2009. The
purpose for the fee waiver is to allow additional time for the Exchange
and OCC to implement the procedures to be used by OCC to bill and
collect the ORF.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 58817 (October 20,
2008), 73 FR 63744 (October 27, 2008). The ORF is designed to
recover a portion of the costs to the Exchange of the supervision
and regulation of its members, including performing routine
surveillances, investigations, examinations, financial monitoring,
and policy, rulemaking, interpretive, and enforcement activities.
---------------------------------------------------------------------------

(b) Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (``Act'') \4\
[sic], in general, and furthers the objectives of Section 6(b)(4) \5\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
believes it is appropriate to waive the ORF pending the implementation
of the billing and collection procedures for the ORF.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-130 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-130. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2008-130 and should be submitted on or before January 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E9-7 Filed 1-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Notices]
[Pages 9703-9705]
[FR Doc No: 2012-3733]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0747]

Blasting and the Use of Explosives; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork Requirements)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on
Blasting and the Use of Explosives (29 CFR part 1926, subpart U).

DATES: Comments must be submitted (postmarked, sent, or received) by
April 17, 2012.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0747, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0747) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue
NW., Washington, DC 20210, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those

operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The Standard on Blasting and the Use of Explosives (29 CFR part
1926, subpart U) specifies a number of paperwork requirements. The
following is a brief description of the collection of information
requirements contained in the Subpart.

General Provisions (Sec.  1926.900)

    Sec.  1926.900(d)--Paragraph (d) states that employers must ensure
that explosives not in use are kept in a locked magazine, unavailable
to persons not authorized to handle explosives. The employers must
maintain an inventory and use record of all explosives--in use and not
in use. In addition, the employer must notify the appropriate
authorities in the event of any loss, theft, or unauthorized entry into
a magazine.
    Sec.  1926.900(k)(3)(i)--Paragraph (k)(3)(i) requires employers to
display adequate signs warning against the use of mobile radio
transmitters on all roads within 1,000 feet of blasting operations to
prevent the accidental discharge of electric blasting caps caused by
current induced by radar, radio transmitters, lightening, adjacent
power lines, dust storms, or other sources of extraneous electricity.
The employer must certify and maintain a record of alternative
provisions made to adequately prevent any premature firing of electric
blasting caps.
    Sec.  1926.900(o)--Employers must notify the operators and/or
owners of overhead power lines, communication lines, utility lines, or
other services and structures when blasting operations will take place
in proximity to those lines, services, or structures.
    Sec.  1926.903(d)--The employer must notify the hoist operator
prior to transporting explosives or blasting agents in a shaft
conveyance.
    Sec.  1926.903(e)--Employers must perform weekly inspections on the
electrical system of trucks used for underground transportation of
explosives. The weekly inspection is to detect any failure in the
system which would constitute an electrical hazard. The most recent
certification of inspection must be maintained and must include the
date of inspection, a serial number or other identifier of the truck
inspected, and the signature of the person who performed the
inspection.
    Sec.  1926.905(t)--Under Sec.  1926.905(t), the employer blaster
must maintain an accurate and up-to-date record of explosives, blasting
agents, and blasting supplies used in a blast. In addition, the
employer must also maintain an accurate running inventory of all
explosives and blasting agents stored on the operation.
    Sec.  1926.909(a)--Employers must post a code of blasting agents on
one or more conspicuous places at the operation. Additionally, all
employees shall familiarize themselves with the code and conform to it
at all times. Danger signs warning of blasting agents shall also be
placed at suitable locations.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the collection
of information requirements contained in the Standard on Blasting and
the Use of Explosives. The Agency will include this summary in its
request to OMB to extend the approval of these collection of
information requirements.
    Type of Review: Extension of currently approved collection.
    Title: Blasting and the Use of Explosives (29 CFR part 1926,
subpart U).
    OMB Number: 1218-0217.
    Affected Public: Business or other for-profits.
    Number of Respondents: 160.
    Total Responses: 217.
    Frequency: On occasion.
    Average Time per Response: Time varies from 5 minutes (.08 hour) to
notify a hoist operator of blasting agents to 8 hours to develop an
alternative plan if an employer is unable to display adequate signs
warning against the use of mobile radio transmitters during blasting
operations.
    Total Burden Hours: 1,294.
    Estimated Cost (Operation and Maintenance): $400,000.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0747). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information, such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's
``UserTips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506

et seq.) and Secretary of Labor's Order No. 4-2010 (75 FR 55355).

    Signed at Washington, DC, on February 13, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-3733 Filed 2-16-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Notices]
[Page 42176-42177]
[DOCID:fr20jy10-114]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
    Rule 15a-6, SEC File No. 270-0329, OMB Control No. 3235-0371.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Rule 15a-6 (17 CFR 240.15a-6) under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (``Exchange Act'') provides, among other
things, an exemption from broker-dealer registration for foreign
broker-dealers that effect trades with or for U.S. institutional
investors through a U.S. registered broker-dealer, provided that the
U.S. broker-dealer obtains certain information about, and consents to
service of process from, the personnel of the foreign broker-dealer
involved in such transactions, and maintains certain records in
connection therewith.
    These requirements are intended to ensure: (a) That the U.S.
broker-dealer will receive notice of the identity of, and has reviewed
the background of, foreign personnel who will contact U.S.
institutional investors, (b) that the foreign broker-dealer and its
personnel effectively may be served with process in the event
enforcement action is necessary, and (c) that the Commission has ready
access to information concerning these persons and their U.S.
securities activities.
    It is estimated that approximately 2,000 respondents will incur an
average burden of three hours per year to comply with this rule, for a
total burden of 6,000 hours. At an average cost per hour of
approximately $105, the resultant total cost of compliance for the
respondents is $600,000 per year (2,000 entities x 3 hours/entity x
$105/hour = $630,000).
    In general, the records to be maintained under Rule 15a-6 must be
kept for the applicable time periods as set forth in Rule 17a-4 (17 CFR
240.17a-4) under the Exchange Act or, with respect to the consents to
service of process, for a period of not less than six years after the
applicable person ceases engaging in U.S. securities activities.
Reliance on the exemption set forth in Rule 15a-6 is voluntary, but if
a foreign broker-dealer elects to rely on such exemption, the
collection of information described therein is mandatory. The
collection does not involve confidential information.

    Please note that an agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid control number.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Shirley Martinson,
6432 General Green Way, Alexandria VA 22312 or send an e-mail to: PRA_
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: July 14, 2010.
Florence H. Harmon,
Deputy Secretary.
[FR Doc. 2010-17643 Filed 7-19-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34257]
[FR Doc No: 2021-13840]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2114]

Proposed Flood Hazard Determinations for Dickinson County, Kansas
and Incorporated Areas

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice; withdrawal.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed notice concerning proposed flood hazard determinations,
which may include the addition or modification of any Base Flood
Elevation, base flood depth, Special Flood Hazard Area boundary or zone
designation, or regulatory floodway (herein after referred to as
proposed flood hazard determinations) on the Flood Insurance Rate Maps
and, where applicable, in the supporting Flood Insurance Study reports
for Dickinson County, Kansas and Incorporated Areas.

DATES: This withdrawal is effective June 29, 2021.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
2114 to Rick Sacbibit, Chief, Engineering Services Branch, Federal
Insurance and Mitigation Administration, FEMA, 400 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 12, 2021, FEMA published a proposed
notice at 86 FR 18998, proposing flood hazard determinations for
Dickinson County, Kansas, and Incorporated Areas. FEMA is withdrawing
the proposed notice.

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2021-13840 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72483-72484]
[FR Doc No: 2022-25629]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0067; FRL-10444-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Magnetic Tape Coating Facilities
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Magnetic Tape Coating
Facilities (EPA ICR Number 1135.14, OMB Control Number 2060-0171), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through January 31,
2023. Public comments were previously requested, via the Federal
Register, on April 8, 2022 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 27,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0067, to: (1) EPA online using https://www.regulations.gov/
(our preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person at the EPA Docket Center, WJC
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Magnetic
Tape Coating Facilities (40 CFR part 60, subpart SSS) were proposed on
January 22, 1986; promulgated on October 3, 1988; and most-recently
amended on February 12, 1999. These regulations apply to both existing
and new coating operation and coating mixing equipment at magnetic tape
coating facilities. New facilities include those that commenced
construction, modification, or reconstruction after the date of
proposal. This information is being collected to assure compliance with
40 CFR part 60, subpart SSS.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Magnetic tape coating facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart SSS).
    Estimated number of respondents: 4 (total).
    Frequency of response: Initially, quarterly, and semiannually.
    Total estimated burden: 811 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $132,000 (per year), which includes $34,900
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: The decrease in burden from the most-
recently approved ICR is due to an adjustment(s). The adjustment
decrease in burden from the most-recently approved ICR is due to a
decrease in the number of sources. The number of respondents decreased
by approximately 33%. The adjustment decrease in the number of
respondents is due to a review of the EPA's Enforcement and Compliance
History Online (ECHO) database, a list of

facilities from a 2003 EPA Residual Risk Analysis, and facility
permits. Additionally, the previous ICR included capital/startup costs
in the estimated burden due to the addition of new coating lines to
existing facilities. For the next three years, we do not expect new
coating lines to be added, but the existing continuous monitoring
equipment are expected to have O&M costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-25629 Filed 11-23-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11019]
[DOCID:fr12mr07-94]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-322-000]

Williston Basin Interstate Pipeline Company; Notice of Proposed
Changes in FERC Gas Tariff

March 5, 2007.
    Take notice that on March 1, 2007, Williston Basin Interstate
Pipeline Company (Williston Basin) tendered for filing as part of its
FERC Gas Tariff, Second Revised Volume No. 1, the following revised
tariff sheets to become effective April 1, 2007.

Sixty-Fifth Revised Sheet No. 15
Thirty-Eighth Revised Sheet No. 15A
Sixty-Third Revised Sheet No. 18
Thirty-Eighth Revised Sheet No. 18A
Thirty-Eighth Revised Sheet No. 19
Thirty-Eighth Revised Sheet No. 20
Eighth Revised Sheet No. 724

    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 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>.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4356 Filed 3-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Notices]
[Page 33518]
[FR Doc No: 2022-11792]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94991; File No. SR-NYSE-2022-14]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Modify Certain Pricing Limitations for
Securities Listed on the Exchange Pursuant to a Primary Direct Floor
Listing

May 26, 2022.
    On April 7, 2022, New York Stock Exchange LLC (``NYSE'' or
``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
proposed rule change to allow companies to modify certain pricing
limitations for securities listed on the Exchange pursuant to a Primary
Direct Floor Listing. The proposed rule change was published for
comment in the Federal Register on April 19, 2022.\3\
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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. 94708 (April 13,
2022), 87 FR 23300 (April 19, 2022). Comments on the proposed rule
change are available at: https://www.sec.gov/comments/sr-nyse-2022-14/srnyse202214.htm.
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    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 after publication of the notice for this proposed rule change
is June 3, 2022. The Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    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 the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates July
18, 2022 as the date by which the Commission shall either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NYSE-2022-14).
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    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11792 Filed 6-1-22; 8:45 am]
BILLING CODE 8011-01-P