[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49521-49522]
[FR Doc No: 2022-17247]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 118

[Docket No. FDA-2000-N-0190 (Formerly Docket No. 2000N-0504)]

Prevention of Salmonella Enteritidis in Shell Eggs During
Production, Storage, and Transportation (Layers With Access to Areas
Outside the Poultry House): Questions and Answers Regarding the Final
Rule; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a final guidance for industry entitled ``Prevention of
Salmonella Enteritidis in Shell Eggs During Production, Storage, and
Transportation (Layers with Access to Areas Outside the Poultry House):
Questions and Answers Regarding the Final Rule.'' The guidance is
intended to provide information to egg producers on certain provisions
contained in FDA's final rule entitled ``Prevention of Salmonella
Enteritidis in Shell Eggs During Production, Storage, and
Transportation'' (the egg rule) that reference the ``poultry house.''
Specifically, the document provides guidance to shell egg producers
whose production systems provide laying hens with access to areas
outside of a ``poultry house'' as that term is defined in the egg rule.

DATES: The announcement of the guidance is published in the Federal
Register on August 11, 2022.

ADDRESSES: You may submit either electronic or written comments on FDA
guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2000-N-0190 for ``Prevention of Salmonella Enteritidis in Shell
Eggs During Production, Storage, and Transportation (Layers with Access
to Areas Outside the Poultry House): Questions and Answers Regarding
the Final Rule.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Division of Plant and Dairy Food Safety/Office of Food Safety, Center
for Food Safety and Applied Nutrition, Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740. Send two self-addressed
adhesive labels to assist that office in processing your request. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
guidance.

FOR FURTHER INFORMATION CONTACT: Nancy Bufano, Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740,<PHONE_NUMBER>; or Marquita Steadman, Center for
Food Safety and Applied Nutrition, Office of Regulations and Policy
(HFS-024), Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry
entitled ``Prevention of Salmonella Enteritidis in Shell Eggs During
Production, Storage, and Transportation (Layers with Access to Areas
Outside the Poultry House): Questions and Answers Regarding the Final
Rule.'' We are issuing this guidance consistent with our good guidance
practices regulation (21 CFR 10.115). The guidance represents our
current thinking on how to interpret the requirements in the egg rule
with regard to production systems that provide laying hens with access
to areas outside of a ``poultry house'' as that term is defined in 21
CFR 118.3, including

questions and answers on coverage; definitions; Salmonella Enteritidis
(SE) prevention measures; and environmental sampling for SE. It does
not establish any rights for any person and is not binding on FDA or
the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.
    In the Federal Register of July 9, 2009 (74 FR 33030), FDA issued
the egg rule requiring shell egg producers to implement measures to
prevent SE from contaminating eggs on the farm and from further growth
during storage and transportation, and requiring these producers to
maintain records concerning their compliance with the egg rule and to
register with FDA. The egg rule became effective September 8, 2009,
with a compliance date of July 9, 2010, for producers with 50,000 or
more laying hens. For producers with fewer than 50,000, but at least
3,000 laying hens, the compliance date was July 9, 2012. Producers with
fewer than 3,000 laying hens and those that sell all of their eggs
directly to consumers are exempt from requirements in the egg rule. The
egg rule is codified at part 118 (21 CFR part 118).
    In the Federal Register of July 24, 2013 (78 FR 44483), we made
available a draft guidance entitled ``Guidance for Industry: Questions
and Answers Regarding the Final Rule, Prevention of Salmonella
Enteritidis in Shell Eggs During Production, Storage, and
Transportation (Layers with Outdoor Access)'' and gave interested
parties an opportunity to submit comments by September 23, 2013, for us
to consider before beginning work on the final version of the guidance.
We received more than 3,000 comments on the draft guidance and have
modified the content, where appropriate, for this final guidance. In
the draft guidance, we indicated that we consider porches to be part of
the poultry house because we considered them to be part of a structure
used to house poultry. However, comments to the draft guidance
indicated that, from a structural perspective, the difference between a
porch and an outdoor run (whether an outdoor run-row style or an
outdoor run-attached run style) was the presence of a roof, in some
cases concrete flooring, and the height of the fence. We considered
these comments and upon further analysis determined those differences
do not warrant considering one of these systems different from the
other two. We have concluded that our initial interpretation did not
fully consider how the term ``structure'' is used within the context of
21 CFR 118.3, particularly with respect to the goal of housing poultry
and considering factors such as protection from the elements and from
predation and control of temperature, humidity, and lighting.
Accordingly, in this final guidance, we consider a porch to be an area
outside the poultry house rather than part of the poultry house. Other
changes to the guidance include listing additional guidance documents
that egg producers should be aware of, and adding additional references
to support the statement that wild birds are common vectors of SE. In
addition, we made editorial changes to improve clarity and removed
certain recommendations based on practicality. The guidance announced
in this notice finalizes the draft guidance dated July 2013.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) is not required
for this guidance. The previously approved collections of information
are subject to review by OMB under the PRA. The collections of
information in part 118 have been approved under OMB control number
0910-0660.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/FoodGuidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov. Use the FDA website listed in the previous
sentence to find the most current version of the guidance.

    Dated: August 5, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-17247 Filed 8-10-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56186-56189]
[FR Doc No: 2020-20153]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0511]
RIN 1625-AA00

Safety Zones; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish two temporary safety
zones for certain waters of the Spa Creek from October 19, 2020,
through October 23, 2020. This action is necessary to provide for the
safety of life on these navigable waters at Annapolis, MD, during a
film project. This proposed rulemaking would prohibit persons and
vessels from being in the safety zones unless authorized by the Captain
of the Port Maryland-National Capital Region or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0511 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Hoonigan Industries, of Long beach, CA, notified the Coast Guard
that it will be conducting a film project from 5 a.m. on October 19,
2020, to noon on October 22, 2020. In the event of inclement weather,
the filming may continue on to October 23, 2020. The film project
includes the use of barges and other marine equipment positioned at two
locations in Spa Creek, at Annapolis, MD, within a portion of Market
Slip (Ego Alley) and across the width of Annapolis Harbor. On site
marine equipment and vessels will be operated by Smith Marine Towing,
Inc. of Baltimore, MD, or its subcontractors. Such equipment and
vessels will display the lights and shapes described in U.S. Coast
Guard regulations. Vessels engaged in work for this project will
utilize marine band radio VHF-FM channels 16 and 13. Hazards associated
with the film project include barges and other marine equipment
positioned within designated navigation channels and interfering with
vessels intending to operate within those channels, and operating
within approaches to local public boat moorings and mooring facilities,
yacht clubs and private marinas, and other waterside businesses. The
Captain of the Port (COTP) Maryland-National Capital Region has
determined that potential hazards associated with the film project
would be a safety concern for anyone within promiximity of the barges
and other marine equipment positioned at two locations in Spa Creek.
    The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes a shortened comment period is necessary and reasonable to
ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to this NPRM
and has a final rule in effect in time for the scheduled event.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish
two temporary safety zones for certain waters of Spa Creek at
Annapolis, MD. This rule would be effective from 5 a.m. on October 19,
2020, through noon on October 23, 2020, and would be enforced during
the times described below for each zone.
    The first safety zone would be enforced from 5 a.m. to noon on
October 19, 2020, or if necessary due to inclement weather on October
19, 2020, from 5 a.m. to noon on October 20, 2020. This safety zone
would cover all navigable waters of Spa Creek, within

Market Slip (Ego Alley), from shoreline to shoreline, bounded on the
southeast by a line commencing at latitude 38[deg]58'34.2'' N,
longitude 076[deg]29'05.6'' W, thence southwest to latitude
38[deg]58'32.9'' N, longitude 076[deg]29'06.4'' W, located at
Annapolis, MD. This area is approximately 285 yards in length and
approximately 50 yards in width. The proposed duration of the zone is
intended to ensure the safety of vessels on these navigable waters
before, during, and after the scheduled 5 a.m. to noon film project.
    The second safety zone would be enforced from 7 a.m. on October 20,
2020 through noon on October 22, 2020. If there is inclement weather,
enforcement would be continued through noon on October 23, 2020. This
safety zone would cover all navigable waters of Spa Creek, encompassed
by a line connecting the following points, beginning at the shoreline
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to
the shoreline at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence northeast along the shoreline to the point
of origin, located at Annapolis, MD. This area is approximately 475
yards in length and approximately 430 yards in width. This area
includes the Spa Creek Anchorage, described in paragrapgh (a)(5) of 33
CFR 110.159. The mooring of vessels in this designated anchorage is
managed through local ordinances enforced by the City of Annapolis
Harbor Master. Vessels at moorings within this anchorage located in the
vicinity of the barges and other marine equipment would be required to
depart that portion of the safety zone during enforcement. Persons and
vessels may seek permission to enter or depart the safety zones, by
contacting the COTP or the COTP's representative. Vessels intending to
use, using, or seeking to use moorings within this anchorage located
near the entrance to Spa Creek would be allowed to do so during
enforcement if authorized by the COTP or the COTP's designated
representative. Vessels may also use the designated anchorage located
outside the entrance to Spa Creek. This area includes the Spa Creek
South Anchorage, described in paragrapgh (a)(3) of 33 CFR 110.159. The
mooring of vessels in this anchorage is managed through local
ordinances enforced by the City of Annapolis Harbor Master. The
proposed duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 7 a.m. on October 20, 2020 through noon on October 22, 2020
film project.
    Except for marine equipment and vessels operated by Smith Marine
Towing, Inc. or its subcontractors, no vessel or person would be
permitted to enter these safety zones without obtaining permission from
the COTP or a designated representative. The COTP would notify the
public that the safety zone will be enforced by all appropriate means
to the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners. Vessels or
persons violating this rule are subject to the penalties set forth in
46 U.S.C. 70036 (previously codified in 33 U.S.C. 1232) and 46 U.S.C.
70052 (previously codified in 50 U.S.C. 192). The regulatory text we
are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, time-of-day, time-of-year, and the days of the week of the
safety zones, which would impact two designated areas of Spa Creek for
67 total enforcement hours. The first safety zone, within Market Slip
(Ego Alley), would be enforced for 14 total enforcement hours. The
second safety zone, across the width of Annapolis Harbor, would be
enforced for 53 total enforcement hours. The film project is being
planned to coincide with the non-peak season for tourism in the area
and is not being held during the weekend so that there is less impact
on vessel transits in this section of the waterway. Although vessel
traffic will not be able to safely transit around these safety zones,
there may be locations along the placement of the barges and other
marine equipment in Spa Creek across the width of Annapolis Harbor that
would allow for vessel transits. Vessels desiring to transit to or from
local waterside businesses located within the safety zones during
enforcement would be able to seek permission by contacting the COTP or
the COTP's representative. Vessels intending to use, using, or seeking
to use moorings within the Spa Crek Anchorage located near the entrance
to Spa Creek would be allowed to do so during enforcement by contacting
the COTP or the COTP's representative. Vessels at moorings within this
anchorage this time of year are typically transient vessels, which may
also use the South Anchorage located outside the entrance to Spa Creek.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the status of the safety zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in

understanding this proposed rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves two safety
zones lasting a combined 67 total enforcement hours that would prohibit
entry within portions of Spa Creek. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0511 to read as follows:

Sec.  165.T05-0511   Safety Zones; Spa Creek, Annapolis, MD.

    (a) Locations. The following areas are a safety zone. All
coordinates are based on datum NAD 83.
    (1) Safety zone 1. All navigable waters of Spa Creek, within Market
Slip (Ego Alley), from shoreline to shoreline, bounded on the southeast
by a line commencing at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence southwest to latitude 38[deg]58'32.9'' N,
longitude 076[deg]29'06.4'' W, located at Annapolis, MD.
    (2) Safety zone 2. All navigable waters of Spa Creek, encompassed
by a line connecting the following points, beginning at the shoreline
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to
the shoreline at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence northeast along the shoreline

to the point of origin, located at Annapolis, MD.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing any safety
zone described in paragraph (a) of this section.
    Marine equipment means any vessel, barge or other equipment
operated by Smith Marine Towing, Inc. or its subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. Except for marine equipment, all
vessels underway within this safety zone at the time it is activated
are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 5 a.m. to noon on October 19, 2020, or if necessary
due to inclement weather on October 19, 2020, from 5 a.m. to noon on
October 20, 2020.
    (2) Paragraph (a)(2) of this section will be enforced from 7 a.m.
on October 20, 2020, through noon on October 22, 2020, or if necessary
due to inclement weather, from 7 a.m. on October 20, 2020, through noon
on October 23, 2020.

    Dated: September 8, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-20153 Filed 9-10-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Page 23548]
[FR Doc No: 2016-09241]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0027]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    In accordance with part 235 of Title 49 of the Code of Federal
Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the
public notice that by a document dated November 2, 2015, Norfolk
Southern Railway (NS) petitioned the Federal Railroad Administration
(FRA) seeking approval for the discontinuance or modification of a
signal system. FRA assigned the petition Docket Number FRA-2016-0027.
    Applicant: Norfolk Southern Railway, Mr. B.L. Sykes, Chief
Engineer, C&S Engineering, 1200 Peachtree Street NE., Atlanta, GA
30309.
    NS seeks approval of the discontinuance of the traffic control
system (TCS) on the Buffalo Line between Gravity, Milepost (MP) BR 8.3
and Control Point (CP) 5 MP BX 5.8, Buffalo, NY.
    These changes are being proposed because train operations in this
area no longer support the need for TCS. The Buffalo Line is no longer
a through route for NS trains to and from Harrisburg. The line between
GJ MP BR 5.7/BX 0.0 and CP 5, owned by CSX Transportation, is currently
out of service. The Buffalo Line, south of MP BR 8.8, has been leased
by NS to the Buffalo and Pittsburgh Railroad who, along with NS,
removed the TCS system south of Gravity under authority of previous
application FRA-2013-0144.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 6, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-09241 Filed 4-20-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Proposed Rules]
[Page 283-285]
[DOCID:fr05ja10-20]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0804; FRL-9100-3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendment to Electric Generating Unit Multi-Pollutant
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. The revision is an
amendment to the Electric Generating Unit Multi-Pollutant Regulation of
Delaware's Administrative Code, and it modifies the sulfur dioxide
(SO2) mass emissions limit associated with Conectiv Edge
Moor Unit 5 beginning in calendar year 2009. This action is being taken
under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before February 4, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0804 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>

    C. Mail: EPA-R03-OAR-2009-0804, Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0804. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov 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 http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 7, 2009, the Delaware Department
of Natural Resources and Environmental Control (DNREC) submitted a
revision to its SIP for an amendment to Regulation No. 1146--Electric
Generating Unit Multi-Pollutant Regulation.

I. Background

    On November 16, 2006, DNREC submitted a revision to the Delaware
SIP. This SIP revision pertained to a new regulation, Regulation No.
1146--Electric Generating Unit (EGU) Multi-Pollutant Regulation. The
regulation was adopted in order to impose lower emissions limits of
nitrogen oxides (NOx), SO2 and mercury in order to help
Delaware attain and maintain the national ambient air quality standards
(NAAQS) for ozone and fine particulate matter (PM2.5), as
well as to assist Delaware in achieving the emissions reductions needed
to support the State's 8-hour ozone reasonable further progress plan
(RFP). EPA approved the SIP revision on August 28, 2008 (73 FR 50723).

II. Summary of SIP Revision

    On October 7, 2009, EPA received a SIP revision to amend to
Regulation No. 1146. This SIP revision was the result of a settlement
agreement between Conectiv Delmarva Generating, Inc. and DNREC in
December 2008. Conectiv had filed an appeal challenging the regulation
for their Edge Moor 5 facility. The emissions limit of 2,427 tons per
year limited the facility from operating in extreme circumstances in
the event that failure at other production units would require them to
exceed that limit in order to supply the needed electricity. The limit
of 4,600 tons per year was determined to be an adequate limit after an
analysis of the facility's history of operation and the estimate of
future operations using the low sulfur (0.5%) residual fuel to generate
electricity at the 446 megawatt oil-fired steam generating unit.
Currently, the facility operates at a 10% capacity factor. If so
required, the new emissions limit would allow the facility to operate
at a 45% capacity factor.
    This amendment to Regulation No. 1146 is a reasonable compromise
between Conectiv and DNREC, which prevented a potential overturning of
the regulation. Analysis supports that the increase in the
SO2 emissions limit for the Edge Moor 5 facility will not
lead to increased SO2 emissions on an annual basis, but will
enable the facility to operate at a higher capacity if in the unusual
circumstance it should be needed. Given that an increase in
SO2 emissions is not expected from what they currently are
at the facility, this revision will continue to help Delaware attain
and maintain NAAQS for PM2.5.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for the
amendment to Regulation No. 1146--Electric Generating Unit Multi-
Pollutant Regulation submitted on October 7, 2009. This revision
pertains to a modification of the SO2 emissions limit for
the Conectiv Edge Moor Unit 5 from 2,427 tons per year to 4,600 tons
per year. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule, pertaining to Delaware's amendment to
Regulation 1146, the Electric Generating Unit Multi-Pollutant
Regulation, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.

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

    Dated: December 17, 2009.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E9-31278 Filed 1-4-10; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22302-22303]
[FR Doc No: 2018-10144]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-095, OMB Control No. 3235-0084]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17Ac2-1

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
17Ac2-1 (17 CFR 240.17Ac2-1), under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Rule 17Ac2-1, pursuant to Section 17A(c) of the Exchange Act,
generally requires transfer agents for whom the Commission is the
transfer agent's Appropriate Regulatory Agency (``ARA''), to file an
application for registration with the Commission on Form TA-1 and to
amend their registrations under certain circumstances.
    Specifically, Rule 17Ac2-1 requires transfer agents to file a Form
TA-1

application for registration with the Commission where the Commission
is their ARA. Such transfer agents must also amend their Form TA-1 if
the existing information on their Form TA-1 becomes inaccurate,
misleading, or incomplete within 60 days following the date the
information became inaccurate, misleading or incomplete. Registration
filings on Form TA-1 and amendments thereto must be filed with the
Commission electronically, absent an exemption, on EDGAR pursuant to
Regulation S-T (17 CFR 232).
    The Commission annually receives approximately 186 filings on Form
TA-1 from transfer agents required to register as such with the
Commission. Included in this figure are approximately 178 amendments
made annually by transfer agents to their Form TA-1 as required by Rule
17Ac2-1(c) to address information that has become inaccurate,
misleading, or incomplete and approximately 8 new applications by
transfer agents for registration on Form TA-1 as required by Rule
17Ac2-1(a). Based on past submissions, the staff estimates that on
average approximately twelve hours are required for initial completion
of Form TA-1 and that on average one and one-half hours are required
for an amendment to Form TA-1 by each such firm. Thus, the subtotal
burden for new applications for registration filed on Form TA-1 each
year is 96 hours (12 hours times 8 filers) and the subtotal burden for
amendments to Form TA-1 filed each year is 267 hours (1.5 hours times
178 filers). The cumulative total is 363 burden hours per year (96
hours plus 267 hours).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. 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 by sending an email to:
[email protected]; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549, or by sending an
email to:
    [email protected]. Comments must be submitted to OMB within 30
days of this notice.

    Dated: May 8, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10144 Filed 5-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56124-56125]
[FR Doc No: 2012-22328]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0826; FRL-9725-6]

Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD and NSR Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving specified revisions to Michigan's State
Implementation Plan (SIP) that EPA has determined are consistent with
the Federal requirements of the prevention of significant deterioration
(PSD) construction permit program for the purpose of meeting the
requirements of the Clean Air Act (CAA) with regard to new source
review (NSR) in Class I areas attaining the National Ambient Air
Quality Standards.

DATES: This final rule is effective on October 12, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0826. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information 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 through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Constantine Blathras,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving Michigan's request to revise its SIP to add rule
R. 336.2816 to be consistent with Federal PSD regulations in 40 CFR
51.166(p), that require state PSD programs to have a mechanism in place
to coordinate and consult with Federal land managers of Class I PSD
areas. On January 9, 2008, EPA proposed to disapprove R. 336.2816 from
Michigan's SIP submittal because it did not provide for such a
mechanism. Michigan has now revised R. 336.2816 to be consistent with
the Federal requirement.
    On March 25, 2010, EPA published a direct final approval to convert
a conditional approval of the Michigan PSD SIP to full approval under
section 110 of the CAA. In that action, EPA stated that we would be
taking a separate action on rule R. 336.2816(2) through (4),
(requirements relating to Class I areas). Michigan has now revised R.
336.2816 to be consistent with the Federal requirement.
    EPA is not acting on Michigan's request to revise its SIP by adding
a significance level for particulate matter less than 2.5 microns
(PM2.5). EPA has established a significance threshold to
limit the applicability of PSD and NSR regulations to sources with
emissions above the significance level. To be consistent with the
Federal requirements, Michigan amended R. 336.2801 and R. 336.2901 to
add the significance threshold for PM2.5. Because Michigan
is planning to submit additional state rules as revisions to its SIP
for precursors of PM2.5, EPA will defer action on this
matter.

II. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and

     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    In May 2011, EPA issued its policy on consultation and coordination
with Indian tribes. EPA explained that its policy is to consult on a
government to government basis with Federally recognized tribal
governments when EPA actions and decisions may affect tribal interests.
Accordingly, EPA sent an invitation to consult with potentially
interested tribes, and subsequently engaged in consultation with
representatives of the Forest County Potawatomi Community (FCPC)
regarding the Michigan proposed SIP revisions.
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 13, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding a new entry in
numerical order for Part 18 to read as follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                       EPA--Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
   Michigan citation            Title          State effective date    EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R 336.2816.............  Sources impacting   June 30, 2011..........  September 12,
                          federal class I                              2012, [Insert
                          areas; additional                            page number where
                          requirements.                                the document
                                                                       begins].

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

* * * * *

[FR Doc. 2012-22328 Filed 9-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Page 31174]
[FR Doc No: 2014-12669]

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

SECURITIES AND EXCHANGE COMMISSION

In the Matter of Asia Global Holdings Corp., Ikona Gear
International, Inc., Imagin Molecular Corp. (n/k/a The Planet Bottle
Corporation), Sungold International Holdings Corp., and
Westergaard.com, Inc., Order of Suspension of Trading File No. 500-1

May 28, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Asia Global Holdings Corp. because it has not filed any periodic
reports since the period ended June 30, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ikona Gear International, Inc. because it has not filed any periodic
reports since the period ended May 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Imagin Molecular Corp. (n/k/a The Planet Bottle Corporation) because it
has not filed any periodic reports since the period ended September 30,
2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Sungold International Holdings Corp. because it has not filed any
periodic reports since the period ended August 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Westergaard.com, Inc. because it has not filed any periodic reports
since the period ended June 30, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on May 28, 2014, through 11:59 p.m.
EDT on June 10, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-12669 Filed 5-28-14; 11:15 am]
BILLING CODE 8011-01-P