[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Pages 8886-8887]
[FR Doc No: 2017-01998]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32435; 812-14729]

Causeway ETMF Trust, et al.; Notice of Application

January 25, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act, under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and (a)(2) of the Act, and under section 12(d)(1)(J)
of the Act for an exemption from sections 12(d)(1)(A) and (B) of the
Act.

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Applicants: Causeway ETMF Trust (the ``Trust''), Causeway Capital
Management LLC (the ``Adviser'') and SEI Investments Distribution Co.
(the ``Distributor'').

Summary of Application: Applicants request an order (``Order'') that
permits: (a) Actively managed series of certain open-end management
investment companies to issue shares (``Shares'') redeemable in large
aggregations only (``Creation Units''); (b) secondary market
transactions in Shares to occur at the next-determined net asset value
plus or minus a market-determined premium or discount that may vary
during the trading day; (c) certain series to pay redemption proceeds,
under certain circumstances, more than seven days from the tender of
Shares for redemption; (d) certain affiliated persons of the series to
deposit securities into, and receive securities from, the series in
connection with the purchase and redemption of Creation Units; (e)
certain registered management investment companies and unit investment
trusts outside of the same group of investment companies as the series
to acquire Shares; and (f) certain series to create and redeem Shares
in kind in a master-feeder structure. The Order would incorporate by
reference terms and conditions of a previous order granting the same
relief sought by applicants, as that order may be amended from time to
time (``Reference Order'').\1\
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    \1\ Eaton Vance Management, et al., Investment Company Act Rel.
Nos. 31333 (Nov. 6, 2014) (notice) and 31361 (Dec. 2, 2014) (order).

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Filing Date: The application was filed on December 28, 2016.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 21, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: The Commission: Secretary, U.S. Securities and Exchange

Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
Causeway ETMF Trust, Causeway Capital Management LLC, 11111 Santa
Monica Boulevard, 15th Floor, Los Angeles, CA 90025; SEI Investments
Distribution Co., One Freedom Valley Drive, Oaks, PA 19456.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, or
Daniele Marchesani, Assistant Chief Counsel, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants

    1. The Trust will be registered as an open-end management
investment company under the Act and is a statutory trust organized
under the laws of the State of Delaware. Applicants seek relief with
respect to three Funds (as defined below, and those Funds, the
``Initial Funds''). The portfolio positions of each Fund will consist
of securities and other assets selected and managed by its Adviser or
Subadviser (as defined below) to pursue the Fund's investment
objective.
    2. The Adviser, a Delaware limited liability company, will be the
investment adviser to the Initial Funds. An Adviser (as defined below)
will serve as investment adviser to each Fund. The Adviser is, and any
other Adviser will be, registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). The Adviser and the
Trust may retain one or more subadvisers (each a ``Subadviser'') to
manage the portfolios of the Funds. Any Subadviser will be registered,
or not subject to registration, under the Advisers Act.
    3. The Distributor is a Pennsylvania corporation and a broker-
dealer registered under the Securities Exchange Act of 1934 and will
act as the principal underwriter of Shares of the Funds. Applicants
request that the requested relief apply to any distributor of Shares,
whether affiliated or unaffiliated with the Adviser (included in the
term ``Distributor''). Any Distributor will comply with the terms and
conditions of the Order.

Applicants' Requested Exemptive Relief

    4. Applicants seek the requested Order under section 6(c) of the
Act for an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e)
of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b)
of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the
Act, and under section 12(d)(1)(J) of the Act for an exemption from
sections 12(d)(1)(A) and (B) of the Act. The requested Order would
permit applicants to offer exchange-traded managed funds. Because the
relief requested is the same as the relief granted by the Commission
under the Reference Order and because the Adviser has entered into, or
anticipates entering into, a licensing agreement with Eaton Vance
Management, or an affiliate thereof in order to offer exchange-traded
managed funds,\2\ the Order would incorporate by reference the terms
and conditions of the Reference Order.
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    \2\ Eaton Vance Management has obtained patents with respect to
certain aspects of the Funds' method of operation as exchange-traded
managed funds.
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    5. Applicants request that the Order apply to the Initial Funds and
to any other existing or future open-end management investment company
or series thereof that: (a) Is advised by the Adviser or any entity
controlling, controlled by, or under common control with the Adviser
(any such entity included in the term ``Adviser''); and (b) operates as
an exchange-traded managed fund as described in the Reference Order;
and (c) complies with the terms and conditions of the Order and of the
Reference Order, which is incorporated by reference herein (each such
company or series and Initial Fund, a ``Fund'').\3\
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    \3\ All entities that currently intend to rely on the Order are
named as applicants. Any other entity that relies on the Order in
the future will comply with the terms and conditions of the Order
and of the Reference Order, which is incorporated by reference
herein.
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    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the proposed transaction is
consistent with the policies of the registered investment company and
the general purposes of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
    7. Applicants submit that for the reasons stated in the Reference
Order: (1) With respect to the relief requested pursuant to section
6(c) of the Act, the relief is appropriate, in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Act; (2) with respect to
the relief request pursuant to section 17(b) of the Act, the proposed
transactions are reasonable and fair and do not involve overreaching on
the part of any person concerned, are consistent with the policies of
each registered investment company concerned and consistent with the
general purposes of the Act; and (3) with respect to the relief
requested pursuant to section 12(d)(1)(J) of the Act, the relief is
consistent with the public interest and the protection of investors.

    By the Division of Investment Management, pursuant to delegated
authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01998 Filed 1-30-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Proposed Rules]
[Pages 54967-54970]
[FR Doc No: 2020-18081]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2015-0804; FRL-10013-01-OW]
RIN 2040-AG00

Withdrawal of Certain Federal Water Quality Criteria Applicable
to Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (EPA or
Agency) proposes to amend the federal regulations to withdraw human
health criteria (HHC) for toxic pollutants applicable to waters in the
State of Maine. EPA proposes to take this action because Maine adopted,
and EPA approved, HHC that the Agency determined are protective of the
designated uses for these waters. EPA is providing an opportunity for
public comment on this proposed withdrawal of federally promulgated
HHC. The withdrawal would enable Maine to implement its EPA-approved
HHC, submitted on April 24, 2020, and approved on June 23, 2020, as
applicable criteria for Clean Water Act (CWA or the Act) purposes.

DATES: Comments must be received on or before October 19, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2015-0804, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments at https://www.regulations.gov.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m. to 4:30 p.m., Monday through Friday (except
Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov, as there may be a delay in
processing mail and faxes. Hand deliveries and couriers may be received
by scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
    EPA is offering two virtual public hearings so that interested
parties may also provide oral comments on this proposed rulemaking. For
more details on the public hearings and to register to attend the
hearings, please visit https://www.epa.gov/wqs-tech/water-quality-standards-regulations-maine. Refer to the SUPPLEMENTARY INFORMATION
section below for additional information.

FOR FURTHER INFORMATION CONTACT: Jennifer Brundage, Office of Water,
Standards and Health Protection Division (4305T), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposed rule is organized as follows:

I. Public Participation
    A. Written Comments

    B. Virtual Public Hearing
II. General Information
    Does this action apply to me?
III. Background
    A. What are the applicable federal statutory and regulatory
requirements?
    B. What are the applicable federal water quality criteria that
EPA is proposing to withdraw?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2015-
0804, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA is temporarily suspending its Docket Center and Reading Room
for public visitors, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov/ as there may
be a delay in processing mail and faxes. Hand deliveries or couriers
will be received by scheduled appointment only. For further information
and updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

B. Virtual Public Hearing

    To register to speak at the virtual hearing, please visit https://www.epa.gov/wqs-tech/water-quality-standards-regulations-maine or
contact Jennifer Brundage via telephone at<PHONE_NUMBER> or via email
at<EMAIL_ADDRESS>    Each commenter will have three minutes to provide oral testimony.
EPA recommends submitting the text of your oral comments as written
comments to the rulemaking docket. EPA may ask clarifying questions
during the oral presentations but will not respond to the presentations
at that time. Written statements and supporting information submitted
during the comment period will be considered with the same weight as
oral comments and supporting information presented at the public
hearing.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.regulations.gov. While EPA expects the
hearing to go forward as set forth above, please monitor our website or
contact Jennifer Brundage via telephone at<PHONE_NUMBER> or via email
at<EMAIL_ADDRESS>to determine if there are any updates. EPA
does not intend to publish a document in the Federal Register
announcing updates.

II. General Information

Does this action apply to me?

    This proposed action would serve to withdraw federal HHC that are
no longer needed due to EPA's June 23, 2020, approval of corresponding
State HHC. Entities discharging in Maine waters may be indirectly
affected by this rulemaking. Citizens concerned with water quality in
Maine, including members of the federally recognized Indian tribes in
Maine, may also be interested in this rulemaking. The State of Maine
may be interested in this rulemaking, as after the completion of this
rulemaking, Maine's EPA-approved HHC, rather than the federal HHC, will
be the applicable water quality standards (WQS) in Maine waters for CWA
purposes. If you have questions regarding the applicability of this
action to a particular entity, consult the person identified in the
preceding FOR FURTHER INFORMATION CONTACT section.

III. Background

A. What are the applicable federal statutory and regulatory
requirements?

    Consistent with the CWA, EPA's WQS program assigns to states and
authorized tribes the primary authority for adopting WQS.\1\ After
states adopt WQS, they must be submitted to EPA for review and action
in accordance with the CWA. The Act authorizes EPA to promulgate
federal WQS following EPA's disapproval of state WQS or an
Administrator's determination that new or revised WQS are ``necessary
to meet the requirements of the Act.'' \2\
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    \1\ 33 U.S.C. 1313(a), (c).
    \2\ 33 U.S.C. 1313(c)(4).
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B. What are the applicable federal water quality criteria that EPA is
proposing to withdraw?

    On December 19, 2016, EPA promulgated federal HHC for 96 toxic
pollutants for waters in Indian lands in Maine based on the Agency's
2015 disapproval of corresponding state-established HHC and an
Administrator's determination that new or revised WQS were necessary to
meet the requirements of the Act. 81 FR 92466 (December 19, 2016). EPA
also promulgated a phenol criterion to protect human health from
consumption of water plus organisms for waters outside of Indian lands
in Maine after disapproving the State's phenol criterion in 2015
because it contained a mathematical error.
    EPA's 2015 disapproval of the State's HHC for waters in Indian
lands was based on its decision that they were inadequate to protect
the sustenance fishing designated uses that EPA interpreted and
approved for waters in Indian lands in the same 2015 action. On May 27,
2020, after a thorough review of the applicable provisions of the CWA,
implementing regulations and longstanding EPA guidance, EPA withdrew
its 2015 interpretation and improper approvals of the alleged
sustenance fishing designated uses and

corresponding disapprovals of Maine's HHC that flowed from the flawed
designated use determinations.\3\ Also on that date, EPA approved
Maine's general fishing designated use for waters in Indian lands
without the interpretation that it means ``sustenance fishing.'' \4\
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    \3\ Letter from Dennis Deziel, Regional Administrator, EPA
Region 1, to Gerald D. Reid, Commissioner, Maine Department of
Environmental Protection, ``Re: Withdrawal of Certain of EPA's
February 2, 2015 Decisions Concerning Water Quality Standards for
Waters in Indian Lands'' (May 27, 2020).
    \4\ In 2019, Maine adopted, and EPA approved, a sustenance
fishing designated use (SFDU) subcategory of its general fishing
designated use for certain identified waters where sustenance
fishing or increased fish consumption is or may be occurring.
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    On April 24, 2020, the Maine Department of Environmental Protection
(DEP) submitted new and revised WQS in accordance with section 303(c)
of the CWA. The new and revised provisions included HHC. On June 23,
2020, EPA approved the State's new and revised HHC as consistent with
the requirements of the CWA and applicable federal regulations.\5\
There are two sets of HHC in the State's newly approved criteria. One
set protects the statewide general ``fishing'' designated use, and the
other set protects the State's new ``sustenance fishing'' designated
use subcategory that applies to specifically identified waters where
sustenance fishing is or may be occurring. Between these two sets of
HHC, all of the waters covered by EPA's promulgated federal HHC for
toxic pollutants in 2016 are addressed. The new and revised HHC also
address all the toxic pollutants for which EPA promulgated federal HHC
in 2016. All of EPA's prior decisions and action letters related to
these Agency actions are available in docket ID EPA-HQ-OW-2015-0804 at
https://www.regulations.gov.
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    \5\ Letter from Ken Moraff, Water Division Director, EPA Region
1, to Gerald D. Reid, Commissioner, Maine Department of
Environmental Protection, ``Re: Review and Action on Maine Water
Quality Standards, 06-096 Chapter 584'' (June 23, 2020).
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    As provided in 40 CFR 131.21(c), federally promulgated WQS that are
more stringent than EPA-approved state WQS remain applicable for
purposes of the CWA until EPA withdraws the federal standards. EPA's
2016 federally promulgated HHC are as stringent as or more stringent
than the State's newly approved HHC. Accordingly, EPA is proposing to
amend the federal regulations to withdraw those federally promulgated
HHC for which the Agency has approved Maine's corresponding HHC and is
providing an opportunity for public comment on this proposed action.
    EPA additionally hereby withdraws its 2016 CWA section 303(c)(4)(B)
determination (``Administrator's Determination'') that new or revised
WQS are necessary to meet the requirements of the Act. 81 FR 23239,
23243 (April 20, 2016) (``Accordingly, for the waters in Maine where
there is a sustenance fishing designated use and Maine's existing HHC
are in effect, EPA hereby determines under CWA section 303(c)(4)(B)
that new or revised WQS for the protection of human health are
necessary to meet the requirements of the CWA for such waters.''). As
EPA stated in its Response to Comments document supporting its
withdrawal and revision of its 2015 decisions, the Administrator's
Determination was rendered inoperative when EPA withdrew the 2015
sustenance fishing designated use approvals, as the determination was
specifically linked to waters covered by and relied entirely on those
now-withdrawn designated use approvals.\6\ Because the Administrator's
Determination is now a nullity, EPA withdraws it as a matter of
administrative clarity.
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    \6\ Attachment B, Letter from Dennis Deziel, Regional
Administrator, EPA Region 1, to Gerald D. Reid, Commissioner, Maine
Department of Environmental Protection, ``Re: Withdrawal of Certain
of EPA's February 2, 2015 Decisions Concerning Water Quality
Standards for Waters in Indian Lands'' (May 27, 2020).
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    EPA's proposal to withdraw federally promulgated HHC following
approval of state corresponding HHC is consistent with the federal and
state roles contemplated by the CWA. Consistent with the cooperative
federalism structure of the CWA, once EPA approves state WQS addressing
the same pollutants for which EPA has promulgated federal WQS, it is
incumbent on EPA to withdraw the federal WQS to enable EPA-approved
state WQS to become the applicable WQS for CWA purposes. That is what
EPA is proposing to do in this proposed rulemaking. This proposal is
consistent with EPA's withdrawal of other federally promulgated WQS
following the Agency's approval of state-adopted WQS.\7\
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    \7\ See e.g., Withdrawal of Certain Federal Water Quality
Criteria Applicable to California: Lead, Chlorodibromomethane, and
Dichlorobromomethane, 83 FR 52163 (October 16, 2018); Water Quality
Standards for the State of Florida's Lakes and Flowing Waters;
Withdrawal, 79 FR 57447 (September 25, 2014); Withdrawal of Certain
Federal Water Quality Criteria Applicable to California, New Jersey
and Puerto Rico, 78 FR 20252 (April 4, 2013).
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    This action proposes to amend federal regulations to withdraw all
federal HHC for waters in Indian lands and the phenol criterion for
waters outside of Indian lands promulgated for Maine in December 2016
at 40 CFR 131.43. All other federally promulgated criteria at 40 CFR
131.43 will remain in effect.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not expected to be a regulatory action under
Executive Order 13771 because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information-collection burden
under the PRA because it is proposing to administratively withdraw
federal requirements that are no longer needed in Maine. It does not
include any information collection, reporting, or recordkeeping
requirements. The OMB has previously approved the information
collection requirements contained in the existing regulations 40 CFR
part 131 and has assigned OMB control number 2040-0049.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Small
entities, such as small businesses or small governmental jurisdictions,
are not directly regulated by this rule.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
unfunded federal mandates under the provisions of Title II of the UMRA
of 1995, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments. As this action proposes to withdraw certain
federally promulgated criteria, the action imposes no enforceable duty
on any state, local, or tribal governments, or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This rule
imposes no regulatory requirements or costs on any state or local
governments. Thus, Executive Order 13132 does not apply to this action.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. In the State of Maine,
there are four federally recognized Indian tribes represented by five
tribal governments. As a result of the unique jurisdictional provisions
of the Maine Indian Claims Settlement Act, the state has jurisdiction
for setting WQS for all waters in Indian lands in Maine. This rule will
have no effect on that jurisdictional arrangement. This rule would
affect federally recognized Indian tribes in Maine because it changes
the water quality standards applicable to all waters in Indian lands.
    EPA initiated consultation with federally recognized tribal
officials under EPA's Policy on Consultation and Coordination with
Indian tribes early in the process of developing this proposed rule to
allow meaningful and timely input into its development. A summary of
that consultation is provided in ``Summary of Tribal Consultations
Regarding Water Quality Standards Decisions on Remand Applicable to
Waters in Indian Lands within Maine,'' which is available in the docket
for this rulemaking.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This rule is not subject to Executive Order 13045, because it is
not economically significant as defined in Executive Order 12866, and
because the environmental health or safety risks addressed by this
action do not present a disproportionate risk to children.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This proposed rulemaking does not involve technical standards.

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

    EPA concludes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). EPA
has previously determined that Maine's state-adopted and EPA-approved
criteria are protective of human health.

List of Subjects in 40 CFR Part 131

    Environmental protection, Indians-lands, Intergovernmental
relations, Reporting and recordkeeping requirements, Water pollution
control.

Andrew Wheeler,
Administrator.
    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 131 as follows:

PART 131--WATER QUALITY STANDARDS

0
1. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

Subpart D--Federally Promulgated Water Quality Standards

Sec.  131.43  [Amended]

0
2. Amend Sec.  131.43 by removing paragraphs (a) and (j) and re-
designating paragraphs (b) through (i) as paragraphs (a) through (h).

[FR Doc. 2020-18081 Filed 9-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Page 56685]
[FR Doc No: C1-2012-21386]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67720; File No. SR-NYSEArca-2012-89]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Proposing To Offer
Certain Proprietary Options Data Products

August 23, 2012.

Correction

    In notice document 2012-21386, appearing on pages 52769-52771 in
the issue of Thursday, August 30, 2012, make the following correction:
    On page 52769, in the second column, the Release No. and File No.,
which were inadvertently omitted from the document heading, are added
to read as set forth above.

[FR Doc. C1-2012-21386 Filed 9-12-12; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61044-61046]
[DOCID:fr17oc06-93]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-428-000]

Panhandle Eastern Pipeline Company, LP; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Tuscola East
Project and Request for Comments on Environmental Issues and Notice of
Scoping Meeting

October 11, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of Panhandle Eastern Pipeline
Company, LP's (Panhandle) planned Tuscola East Project located in
Douglas County, Illinois and Parke, Marion, Boone, and Hamilton
Counties, Indiana.\1\ This notice announces the opening of the scoping
process we will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine which issues need to be evaluated in the EA. Please note that
the scoping period will close on November 13, 2006.
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    \1\ Panhandle's application was filed with the Commission under
section 7 of the Natural Gas Act and Part 157 of the Commission's
regulations.
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    Comments may be submitted in written form or presented verbally at
the public meeting detailed below. Further details on how to submit
written comments are provided in the public participation section of
this notice. In lieu of sending written comments, you are invited to
attend the public scoping meeting that is scheduled as follows:

Tuscola East Project

    Tuesday--October 24, 2006, 7 p.m. (EST), VFW in Noblesville, 654 S
9th Street, Noblesville IN 46060.<PHONE_NUMBER>.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice Panhandle provided to landowners. This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site (http://www.ferc.gov
).

Summary of the Proposed Project

    Due to the age of Panhandle's existing line and the Department of
Transportation's Integrity Management Plan regulations, Panhandle
reduced the operating pressure on one line by 20 percent in 2004.
Additional measures to mitigate risk for High Consequence Areas must be
implemented by end of 2011. Panhandle's project purpose is to restore
long-haul transportation capacity from Tuscola heading east to Michigan
by replacing the existing diameter pipeline with larger diameter
pipeline. In general, these facilities would consist of replacing about
31.3 miles of pipeline consisting of three segments and abandoning in
place or by removal the existing 29.4 miles of pipelines that
correspond with the new replacement lines. Specifically, the project
includes:
     Tuscola 100-Line (Douglas County, IL)--Replacing 6.7 miles
of existing 100-Line 20-inch diameter pipeline with 36-inch diameter
pipeline, designating the new pipeline as the 500-Line, and installing
a new pig launcher/receiver;
     Tuscola 200-Line (Douglas County, IL)--Replacing 1.9 miles
of the existing 200-Line 36-inch diameter pipeline with 20-inch
diameter pipeline (the 1.9 miles of 36-inch pipeline replaced would be
used for the new 500-Line);
     Montezuma 100-Line (Parke County, IN)--Replacing 6.6 miles
of the existing 100-Line 20-inch diameter pipeline with 36-inch
diameter pipeline, designating the new pipeline as the 500-Line, and
installing a new pig launcher/receiver; and
     Zionsville 200-Line (Marion, Boone, and Hamilton Counties,
IN)--Replacing 18.0 miles of the existing 200-Line 24-inch diameter
pipeline with 30-inch diameter pipeline, designating the new

pipeline as the 500-Line, and installing a new pig launcher/receiver.
    The majority of all segments to be replaced would be abandoned by
removal, and at stream, wetland, pipeline crossovers, and uncased road
crossing the pipeline would be abandoned in place. Also 16 taps would
be disconnected from the 100 and 200-Lines and reconnection to the
nearest adjacent lines would be required in order to continue providing
service. The general locations of the project facilities are shown in
Appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary, refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.
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Land Requirements for Construction

    Panhandle proposes to use a 125-foot wide right-of-way, which would
overlap its existing permanent right-of-way. However, a temporary
construction right-of-way may be required. Panhandle would first
install the new 500-Line along each segment, and then remove the 100-
and 200-Lines from their respective rights-of-way. The new 500-Line
would be installed within the existing rights-of-way of each segment
with a 25-foot offset from the existing mainlines. Construction of the
proposed facilities would require about 546.6 acres of land. Following
construction, about 204.8 acres would be maintained as permanent
easement or aboveground facility sites as part of Panhandle's existing
permanent rights-of-way. No additional permanent rights-of-way would be
required because the proposed project would be operated within existing
Panhandle rights-of-way. The remaining 341.8 acres of land would be
restored and allowed to revert to its former use.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA, we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \3\ ''We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Hazardous waste.
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Panhandle. This preliminary
list of issues may be changed based on your comments and our analysis.
    Project-related impact on:
     Threatened and Endangered Species;
     Noise impacts from construction activities and operations
     Pipeline Safety and reliability; and
     Residences or structures within 50 feet of the
construction work space.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal (including alternative locations
and/or routes), and measures to avoid or lessen environmental impact.
The more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference Docket No. CP06-428-000.
     Mail your comments so that they will be received in
Washington, DC on or before November 13, 2006.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site at http://www.ferc.gov under the ``e-Filing'' link and the

link to the User's Guide. Before you can file comments you will need to
create a free account which can be created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 2). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the commission's eFiling system at http://www.ferc.gov.

Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment

deadline indicated above must send a copy of the motion to the
Applicant. All filings, including late interventions, submitted after
the comment deadline must be served on the Applicant and all other
intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with email addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17199 Filed 10-16-06; 8:45 am]

BILLING CODE 6717-01-P