[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39589-39593]
[DOCID:fr09jy10-100]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29337; File No. 812-13756]

Nationwide Life Insurance Company, et al.; Notice of Application

July 2, 2010.
AGENCY: The Securities and Exchange Commission (the ``Commission'').

ACTION: Notice of Application for an order pursuant to section 6(c) of
the Investment Company Act of 1940, as amended (the ``1940 Act'')
granting exemptions from the provisions of sections 2(a)(32), 22(c),
and 27(i)(2)(A) of the 1940 Act and rule 22c-1 thereunder.

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

Applicants: Nationwide Life Insurance Company (``NWL''); Nationwide
Variable Account-II (the ``Separate Account''); and Nationwide
Investment Services Corporation (``NISC'') (collectively, the
``Applicants'').

Summary of application: Applicants seek an order pursuant to section
6(c) of the 1940 Act granting exemptions from the provisions of
sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act and rule 22c-1
thereunder to the extent necessary to permit the recapture of certain
bonus credits applied to purchase payments made under a certain
deferred variable annuity contract (``Current Contract''). Applicants
request that the relief under the order extend to any deferred variable
annuity contracts substantially similar in all material respects to the
Current Contract that NWL may issue in the future (the ``Future
Contracts'') (Current Contract and Future Contracts collectively, the
``Contracts''). Applicants also request that the relief in the order
extend to any other separate accounts of NWL and its successors in
interest that support the Future Contracts (``Other Accounts'') and any
Financial Industry Regulatory Authority, Inc. (``FINRA'') member
broker-dealers controlling, controlled by, or under common control with
any Applicant, whether existing or created in the future, that in the
future may act as principal underwriter for the Contracts (``Other
Underwriters'').

Filing date: The Application was filed on February 18, 2010 and amended
on July 1, 2010.

Hearing or notification of hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving the Applicants with a copy of the request,
personally or by mail. Hearing requests must be received by the
Commission by 5:30 p.m. on July 26, 2010, and should be accompanied by
proof of service on the Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the requester's interest, 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 Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants, c/o Nationwide Life
Insurance Company, One Nationwide Plaza 01-34-201, Columbus, Ohio
43215, Attn: Jamie Casto, Esq.

FOR FURTHER INFORMATION CONTACT: Michelle Roberts, Senior Counsel, or
Joyce M. Pickholz, Branch Chief, Office of Insurance Products, Division
of Investment Management, at<PHONE_NUMBER>.

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

Applicants' Representations

    1. NWL is a stock life insurance company organized under the laws
of the State of Ohio.\1\ NWL offers traditional group and individual
life insurance products as well as group and individual variable and
fixed annuity contracts. NWL is wholly owned by Nationwide Financial
Services, Inc.
---------------------------------------------------------------------------

    \1\ Successors in interest to NWL is defined as any entity or
entities that result from a reorganization into another
jurisdiction, a merger, a change in control or a change in the type
of business organization.
---------------------------------------------------------------------------

    2. On October 7, 1981, the Nationwide Spectrum Variable Account was
established under Ohio law for the purpose of funding variable annuity
contracts. On April 1, 1987, the Board of Directors for NWL changed the
name of the Nationwide Spectrum Variable Account to Nationwide Variable
Account-II. The Separate Account is registered with the Commission as a
unit investment trust (File No. 811-3330). The Separate Account is
divided into subaccounts. Each subaccount invests exclusively in shares
of one of several series-type open-end management investment companies.
The assets of the Separate Account support various variable annuity
contracts, including the Current Contract. The Current Contract was
filed with the Commission on February 12, 2010 (File No. 333-164886).
NWL may in the future issue Contracts through Other Accounts of NWL.
    3. NISC is a wholly owned subsidiary of NWL. It serves as the
general distributor and principal underwriter of the Current Contract,
as well as a number of other NWL variable annuity contracts and
variable life insurance policies. NISC is registered as a broker-dealer
under the Securities Exchange Act of 1934 and is a member of FINRA.
NISC may, in the future, act as the general distributor and principal
underwriter for Future Contracts. Additionally, Other Underwriters may
act as general distributor and principal underwriter of Future
Contracts.
    4. The Current Contract is an individual flexible premium deferred

variable annuity contract that NWL may issue to individuals on a ``non-
qualified'' basis or in connection with employee benefit plans that
receive favorable Federal income tax treatment under the Internal
Revenue Code of 1986, as amended (the ``Code''). The Current Contract
requires an initial purchase payment of $10,000. If the Contract owner
elects to make subsequent purchase payments, they must be at least
$1,000 each ($150 each if submitted via automatic electronic transfer).
    5. The Current Contract makes available a number of subaccounts of
the Separate Account to which a Contract Owner may allocate purchase
payments and associated bonus credits (described below) and to which an
owner may transfer contract value. The Current Contract also offers
fixed-interest allocation options under which NWL credits guaranteed
rates of interest for various periods. Subject to certain restrictions,
a Contract Owner may make transfers of contract value at any time among
and between the subaccounts, and among and between the subaccounts and
the fixed-interest allocation options.
    6. The Current Contract offers a variety of annuity payment
options. The Contract Owner may annuitize at any time following the
second contract anniversary. In the event of a Contract Owner's (or the
Annuitant's, if any Contract Owner is not an individual) death prior to
annuitization, the beneficiary may elect to receive the death benefit
in the form of one of the annuity payment options instead of a lump
sum. The Current Contract also offers living benefits that guarantee a
minimum income benefit or lifetime withdrawals.
    7. The Current Contract assesses a Mortality and Expense Risk
Charge equal to an annualized rate of 1.65% of the daily net assets of
the Separate Account for the first eight contract years. Beginning with
the ninth contract year, the Mortality and Expense Risk Charge is equal
to an annualized rate of 1.30% of the daily net assets of the Separate
Account. Also, the Current Contract assesses an Administrative Charge
equal to an annualized rate of 0.20% of the daily net assets of the
Separate Account.
    8. The Current Contract assesses a Contingent Deferred Sales Charge
(``CDSC'') upon certain surrenders from the contract. The CDSC schedule
is as follows:

----------------------------------------------------------------------------------------------------------------
 Number of completed years from
    date of purchase payment        0        1        2        3        4        5        6        7        8+
----------------------------------------------------------------------------------------------------------------
CDSC Percentage................      8%       8%       8%       7%       6%       5%       4%       3%       0%
----------------------------------------------------------------------------------------------------------------

    9. The Current Contract permits a certain amount of CDSC-free
withdrawals each year. This annual ``free-out'' amount is equal to 10%
of purchase payments that are subject to a CDSC (such amount being net
of any purchase payments previously withdrawn that were already subject
to the CDSC). Additionally, no CDSC is assessed: upon the annuitant's
death, upon annuitization of the contract, when distributions are
necessary in order to meet minimum distribution requirements under the
Code, and under an age-based ``free-withdrawal'' program that allows
Contract Owners to take systematic withdrawals of certain contract
value percentages at specified ages without incurring a CDSC. Finally
the Current Contract includes a Long-Term Care/Nursing Home and
Terminal Illness Waiver at no additional charge that allows a Contract
Owner to withdraw value from their contract free of CDSC if, under
certain circumstances, the Contract Owner is confined to a long-term
care facility or hospital, or if the Contract Owner is diagnosed with a
terminal illness.
    10. At the time of application, an owner may purchase one of two
optional living benefit riders described below, subject to state
availability. The Applicants may add other optional living benefit
riders to the Current Contract in the future.
    (a) The 5% Lifetime Income Option (``5% L.Inc Option'') provides
for lifetime withdrawals, up to a certain amount each year, even after
the contract value is zero, for the duration of the Contract Owner's
lifetime. The 5% L.Inc Option calculates the benefit base using a 5%
simple interest calculation. In exchange for the 5% L.Inc Option, NWL
assesses an annual charge not to exceed 1.00% (currently, 0.85%) of the
current benefit base.
    (b) NWL also offers a 5% Spousal Continuation Benefit whereby the
spouse of a deceased Contract Owner can continue to receive the
benefits associated with the 5% L.Inc Option for the rest of his or her
lifetime. In exchange for the 5% Spousal Continuation Option Benefit,
NWL assesses an annual charge equal to 0.15% of the current benefit
base. The charges for the 5% L.Inc Option and the 5% Spousal
Continuation Benefit are taken via redemption of accumulation units.
The 5% L.Inc Option and the 5% Spousal Continuation Benefit are only
available for Current Contracts issued in the State of New York.
    (c) The 10% L.Inc Option is substantially the same as the 5% L.Inc
Option except that it calculates the benefit base using a 10% simple
interest calculation. In exchange for the 10% L.Inc Option, NWL
assesses an annual charge not to exceed 1.20% (currently, 1.00%) of the
current benefit base.
    (d) NWL also offers a 10% Spousal Continuation Benefit whereby the
spouse of a deceased Contract Owner can continue to receive the
benefits associated with the 10% L.Inc Option for the rest of his or
her lifetime. In exchange for the 10% Spousal Continuation Benefit, NWL
assesses an annual charge not to exceed 0.30% (currently, 0.20%) of the
current benefit base. The charges for the 10% L.Inc Option and the 10%
Spousal Continuation Benefit are taken via redemption of accumulation
units. The 10% Spousal Continuation Benefit is not available for
Current Contracts issued in the State of New York.
    11. The Current Contract provides for a death benefit to be paid to
the designated beneficiary(ies) upon the death of the annuitant prior
to annuitization. The death benefit will be the greater of the contract
value or the total of all purchase payments, less an adjustment for
amounts surrendered. There is no charge for this death benefit. In lieu
of the standard death benefit, the Contract Owner can elect one of
three available death benefit options, each of which assesses an
additional charge.
    (a) One-Year Enhanced Death Benefit Option--For Current Contracts
with total purchase payments equal to or less than $3 million at the
time of death, the amount of the death benefit will be the greatest of:
(1) The contract value; (2) the total of all purchase payments, less an
adjustment for amounts surrendered; or (3) the highest contract value
on any contract anniversary before the annuitant's 86th birthday, less
an adjustment for amounts subsequently surrendered, plus purchase
payments received after that contract anniversary. For Current
Contracts with total purchase payments greater than $3 million at the
time of death, the amount of the death benefit will be calculated using
the following formula: (A x F) + B(1-F) where A equals the death

benefit described above, B equals the contract value, and F equals the
ratio of $3,000,000 to the total of all purchase payments made to the
contract. In no event will the beneficiary receive less than the
contract value. This rider option is only available for Current
Contracts where the annuitant is age 80 or younger at the time of
application. An annualized charge equal to 0.20% of the daily net
assets of the Separate Account is assessed for the election of this
rider option.
    (b) One-Month Enhanced Death Benefit Option--For Current Contracts
with total purchase payments equal to or less than $3 million at the
time of death, the amount of the death benefit will be the greatest of:
(1) The contract value; (2) the total of all purchase payments, less an
adjustment for amounts surrendered; or (3) the highest contract value
on any monthly contract anniversary before the annuitant's 81st
birthday, less an adjustment for amounts subsequently surrendered, plus
purchase payments received after that contract anniversary. For Current
Contracts with total purchase payments greater than $3 million at the
time of death, the amount of the death benefit will be calculated using
the following formula: (A x F) + B(1-F) where A equals the death
benefit described above, B equals the contract value, and F equals the
ratio of $3,000,000 to the total of all purchase payments made to the
contract. In no event will the beneficiary receive less than the
contract value. This rider option is only available for Current
Contracts where the annuitant is age 75 or younger at the time of
application. An annualized charge equal to 0.35% of the daily net
assets of the Separate Account is assessed for the election of this
rider option.
    (c) Combined Enhanced Death Benefit Option--For Current Contracts
with total purchase payments equal to or less than $3 million at the
time of death, the amount of the death benefit will be the greatest of:
(1) The contract value; (2) the total of all purchase payments, less an
adjustment for amounts surrendered; (3) the highest contract value on
any contract anniversary before the annuitant's 81st birthday, less an
adjustment for amounts subsequently surrendered, plus purchase payments
received after that contract anniversary; or (4) the 5% interest
anniversary value, which is equal to purchase payments minus amounts
surrendered, accumulated at 5% compound interest until the last
contract anniversary prior to the annuitant's 81st birthday. Such total
accumulated amount shall not exceed 200% of the net of purchase
payments and amounts surrendered. For Current Contracts with total
purchase payments greater than $3 million at the time of death, the
amount of the death benefit will be calculated using the following
formula: (A x F) + B(1-F) where A equals the death benefit described
above, B equals the contract value, and F equals the ratio of
$3,000,000 to the total of all purchase payments made to the contract.
In no event will the beneficiary receive less than the contract value.
This rider option is only available for Current Contracts where the
annuitant is age 75 or younger at the time of application. An
annualized charge equal to 0.45% of the daily net assets of the
Separate Account is assessed for the election of this rider option.
    (d) Spousal Protection Feature--The standard death benefit and each
of the death benefit riders include a Spousal Protection Feature at no
additional charge. This feature allows a surviving spouse to continue
the contract while receiving the economic benefit of the death benefit
upon the death of the other spouse.
    12. The Beneficiary Protector Option II--The Current Contract
offers the Beneficiary Protector Option II as an optional rider. This
option provides that upon the death of the annuitant, and in addition
to any death benefit payable, NWL will credit an additional amount to
the contract equal to either 40% (if the annuitant is age 70 or younger
at the time of application) or 25% (if the annuitant is age 71 to 75 at
the time of application) of adjusted earnings. If no co-annuitant is
named, the optional benefit and its associated charge will terminate
after the application of the earnings enhancement. If a co-annuitant is
named and such surviving co-annuitant is 75 or younger at the time of
the first annuitant's death, the option will ``reset'' upon the death
of the first co-annuitant and a second earnings enhancement will be
applied upon the death of the second annuitant. If the surviving co-
annuitant is older than 75 at the time of the first annuitant's death,
the optional benefit and its associated charge will terminate. This
rider option is not available for Current Contracts where the annuitant
is older than age 75 at the time of application. Earnings enhancements
applied under this option are considered earnings, not purchase
payments. An annualized charge of 0.35% of the daily net assets of the
Separate Account is assessed for election of this rider option.
Additionally, allocations made to the fixed account are assessed a
charge of 0.35% by means of a decreased interest crediting rate.
    13. For the first contract year, NWL will apply a credit (the
``Credit'') to each Current Contract equal to 5% of each purchase
payment made to that contract. The Credit, which is funded by NWL's
general account, will be allocated among the subaccounts and the fixed
account in the same proportion and at the same time that the purchase
payment is allocated to the Current Contract. For purposes of all
benefits and taxes under the Current Contract, Credits are considered
earnings, not purchase payments.
    14. NWL would recapture Credits in several circumstances. First,
NWL would recapture Credits in the event that the Contract Owner
exercises his or her ``free look'' right. Second, NWL would recapture
Credits applied after or within 12 months prior to the Contract Owner's
death (unless the deceased Contract Owner's spouse chooses to continue
the Current Contract) (the ``Death Caveat''). Third, NWL would
recapture Credits upon a surrender or withdrawal of purchase payments
where the CDSC is waived under the terms of the Long-Term Care/Nursing
Home and Terminal Illness Waiver, as defined in the Current Contract,
in which event NWL would recapture all Credits applied during the 12
months prior to receipt of long-term care, confinement to a nursing
home, or date of diagnosis of a terminal illness, as applicable (the
``Long-term Care Caveat'').
    15. Credits vest after the end of the free look period, with two
exceptions. After the end of the free look period, NWL would recapture
subject to the Death and Long-term Care Caveats. All Credits are fully
vested 12 months after the date NWL applies them to the Contract
Owner's contract value.
    16. The Applicants represent that NWL provides the Credit from its
general account on a guaranteed basis. The Current Contract is designed
to be a long-term investment vehicle and, consistent with this design,
NWL contemplates that a Contract Owner would retain his or her Current
Contract over an extended period. NWL designed the Current Contract so
that it would recover its costs (including the Credits) over an
anticipated duration while a Current Contract is in force. The
Applicants contend that if NWL pays a death benefit or the Contract
Owner takes a withdrawal or surrender before the end of this
anticipated period, or if a Contract Owner withdraws his or her money
during the free look period, NWL would not have had sufficient time to
recover the costs associated with providing the Credits, and will incur
a loss.

    17. The Applicants previously received orders for exemptive relief
to permit, with respect to an earlier class of contracts (the ``Prior
Contracts''), the recapture of certain bonus credits. Those orders
encompassed relief for future contracts substantially similar to the
Prior Contracts. Applicants assert that the Current Contract differs
from the Prior Contracts in the following respects: (1) The bonus
credits are part of the base contract, as opposed to being optional
riders; (2) the CDSC in the Current Contract is slightly higher; (3)
the Current Contract offers two optional guaranteed lifetime withdrawal
riders, which were not contemplated in the Prior Contracts; and (4) the
circumstances under which NWL will recapture the bonus credits is
different than contemplated in previous applications. Because the
Applicants believe the Commission may view these differences as
material, the Applicants are seeking an additional order as set forth
in the amended application.

Legal Analysis

    1. Subsection (i) of section 27 of the act provides that section 27
does not apply to any registered separate account supporting variable
annuity contracts, or to the sponsoring insurance company and principal
underwriter of such account, except as provided in paragraph (2) of the
subsection. Paragraph (2) provides that it shall be unlawful for a
registered separate account funding variable insurance contracts or a
sponsoring insurance company of such account to sell a contract funded
by the registered separate account unless, among other things, such
contract is a redeemable security.
    2. Section 2(a)(32) of the act defines a ``redeemable security'' as
any security, other than short-term paper, under the terms of which the
holder, upon presentation to the issuer, is entitled to receive
approximately his or her proportionate share of the issuer's current
net assets, or the cash equivalent thereof.
    3. Section 22(c) of the act authorizes the Commission to make rules
and regulations applicable to registered investment companies and to
principal underwriters of, and dealers in, the redeemable securities of
any registered investment company to accomplish the same purposes as
contemplated by section 22(a) of the act. Rule 22c-1 thereunder imposes
requirements with respect to both the amount payable on redemption of a
redeemable security and the time as of which such amount is calculated.
Specifically, rule 22c-1, in pertinent part, prohibits a registered
investment company issuing any redeemable security, a person designated
in such issuer's prospectus as authorized to consummate transactions in
any such security, and a principal underwriter of, or dealer in, such
security from selling, redeeming, or repurchasing any such security,
except at a price based on the current net asset value of such security
which is next computed after receipt of a tender of such security for
redemption, or of an order to purchase or sell such security.
    4. Section 6(c) of the act authorizes the Commission to exempt any
person, security, or transaction, or any class or classes of persons,
securities, or transactions from the provisions of the act and the
rules promulgated thereunder 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.
    5. To the extent that the recapture of the Credits could be seen as
resulting in the redemption of a security at a price other than at the
security's current net asset value, or could be viewed as resulting in
the payment to a Contract Owner of less than his or her proportional
share of the issuer's net assets in violation of section 2(a)(32) or
27(i)(2)(A) of the act, NWL's recapture of Credits would trigger the
need for relief absent some exemption from the act. Consequently, the
Applicants request an exemption from the provisions of sections
2(a)(32), 22(c), and 27(i)(2)(A) of the act and Rule 22c-1 thereunder
to the extent deemed necessary to permit them to recapture Credits
under the Contracts issued in conjunction with the Separate Account and
any Other Accounts.
    6. The Applicants contend that the recapture of the Credit would
not result in a violation of section 22(c) and rule 22c-1, which
prohibit, among other things, the redemption of a security at a price
other than the security's current net asset value. The Applicants
contend that the recapture procedures described herein do not involve
either of the evils or harmful events that rule 22c-1 was intended to
eliminate or reduce, namely: (1) The dilution of the value of
outstanding redeemable securities of registered investment companies
through their sale at a price below net asset value or their redemption
or repurchase at a price above it; and (2) other unfair results,
including speculative trading practices. Applicants submit that these
evils were the result of backward pricing, the practice of pricing a
mutual fund share based on the per share net asset value determined as
of the close of the market on the previous day. Backward pricing
diluted the value of outstanding mutual fund shares by allowing
investors to take advantage of increases or decreases in net asset
value that were not yet reflected in the mutual fund share price.
    7. The Applicants submit that recapturing the Credits will not
deprive a Contract Owner of his or her proportionate share of the
Separate Account's current net assets. After the end of the free look
period, the Credits are fully vested with two exceptions. NWL will
recapture: (1) All Credits applied within 12 months prior to the
Contract Owner's death, and also any Credits applied after the Contract
Owner's death (unless the deceased Contract Owner's spouse chooses to
continue the Current Contract); and (2) all Credits applied within 12
months prior to receipt of long-term care, confinement to a nursing
home, or date of diagnosis of a terminal illness, as applicable. The
purpose of these exceptions is to allow enough time to pass after
application of a Credit for NWL to recoup a sufficient portion of the
expense it incurred in providing the Credit. The Applicants submit that
until the Credits are fully vested, NWL retains the right to and
interest in each Contract Owner's contract value in an amount equal to
the dollar amount of any unvested Credits. Therefore, if NWL recaptures
any Credits in the circumstances described herein, it would merely be
retrieving its own assets. To the extent that NWL recaptures any
Credits in connection with the Current Contract, it would not deprive
any Contract Owner of his or her proportionate share of the Separate
Account's assets, and thus would not violate the act.
    8. The Applicants also submit that the second harm that rule 22c-1
was designed to address, namely, speculative trading practices
calculated to take advantage of backward pricing, will not occur as a
result of the recapture of the Credit. Variable annuities are designed
for long-term investment, and by their nature do not lend themselves to
the kind of speculative short-term trading that rule 22c-1 was designed
to prevent. Furthermore, the Applicants contend that the process of
recapturing Credits does not create the opportunity for speculative
trading.
    9. Even if the Credit provisions arguably conflict with sections
2(a)(32) or 27(i)(2)(A) of the act or rule 22c-1 thereunder, the
Applicants submit that the Commission should grant the exemptions
requested in the application

on equitable grounds. The Applicants contend that the Credit provisions
are generally beneficial to the Contract Owner. The recapture
provisions of the Current Contracts temper this benefit somewhat, but
unless the Contract Owner dies, the Contract Owner retains the ability
to avoid the Credit recapture in the circumstances described in the
application. The Applicants state that the Credit recapture provisions
are necessary for NWL to offer the Credits and avoid anti-selection
against it. No CDSC would be imposed in any of the circumstances under
which a Credit would be recaptured.
    10. The Applicants submit that it would be inequitable to NWL to
permit a Contract Owner to keep his or her Credits upon his or her
exercise of the Current Contract's free look provision. Because no CDSC
applies to the exercise of the free look right, the Contract Owner
could obtain a quick profit in the amount of the Credit at NWL's
expense by exercising that right immediately after the Credits were
applied to the Current Contract.
    11. Likewise, the Applicants submit that it would be inequitable to
permit a Contract Owner or beneficiary to keep Credits in those
situations where the annuitant dies within 12 months of applying a
Credit, where Credits are applied after the Contract Owner's death, or
where the Contract Owner takes a surrender or withdrawal from the
Current Contract without a CDSC under the terms of the Long-Term Care/
Nursing Home and Terminal Illness Waiver within 12 months of applying a
Credit. In these situations, NWL would be unable to recover the cost of
granting the Credits because they would be redeemed out of the Current
Contract before enough time passed for NWL to recoup a sufficient
portion of the associated costs through the assessment of charges,
particularly the daily Mortality and Expense Risk Charge and the daily
Administrative Charge. The Applicants state that NWL cannot offer the
proposed Credits without the ability to recapture those Credits in the
circumstances described herein.
    12. The Applicants state, based on the grounds presented below,
that their exemptive request meets the standards set out in section
6(c) of the act, namely, that the exemptions requested are 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 and that, therefore, the Commission should grant
the requested order.
    13. The Applicants submit that their request for an Order that is
applicable to the Contracts and Other Accounts, as well as Other
Underwriters, is appropriate in the public interest. The Applicants
also contend that such Order would promote competitiveness in the
variable annuity market by eliminating the need to file redundant
exemptive applications, thereby reducing administrative expenses and
maximizing the efficient use of the Applicants' resources. The
Applicants further assert that investors would not receive any benefit
or additional protection by requiring the Applicants to repeatedly seek
exemptive relief that would present no issue under the act that has not
already been addressed in the Amended Application described herein. The
Applicants submit that filing additional applications would impair
their ability to effectively take advantage of business opportunities
as they arise. Furthermore, the Applicants state that if they were
repeatedly required to seek exemptive relief with respect to the same
issues addressed in the Amended Application described herein, investors
would not receive any benefit or additional protection thereby.

Conclusion

    Applicants submit that based on the analysis presented above, the
provisions for recapture of the Credit under the Contracts does not
violate sections 2(a)(32) and 27(i)(2)(A) of the act and rule 22c-1
thereunder. Applicants further submit that there are equitable grounds
for granting the requested relief and the exemptions requested meet the
standards of section 6(c) of the act and respectfully request that the
Commission issue an order of approval pursuant to section 6(c) of the
act to exempt the Applicants with respect to: (1) The Contracts; (2)
the Separate Account and Other Accounts that support the Contracts; and
(3) NISC and Other Underwriters, from the provisions of sections
2(a)(32) and 27(i)(2)(A) of the act and rule 22c-1 thereunder, to the
extent necessary to permit the recapture of all or a portion of the
Credits in the circumstances described above.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-16754 Filed 7-8-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Rules and Regulations]
[Page 35543-35547]
[DOCID:fr21jn06-16]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 150, 152, 154, 158, 159, 168, 170, 172, 174, 178, and
180

[EPA-HQ-OPP-2006-0403; FRL-8070-7]

Technical Amendments; Change of Address for the Office of
Pesticide Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA's Office of Pesticide Programs (OPP) has relocated to new
offices in Arlington, VA. OPP's official mailing address has not
changed; however, the courier and in-person delivery address, the
docket address, and the internal mail codes used by OPP have changed.
EPA is revising references throughout its pesticide regulations to
reflect these address changes.

DATES: This final rule is effective on June 21, 2006.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0403. All documents in the
docket are listed in the regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are

available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA 22202. The Docket Facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Docket Facility is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you submit
applications or other pesticide related information to OPP. Potentially
affected entities may include, but are not limited to:
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR parts 150, 152, 154,
158, 159, 168, 170, 172, 174, 178, and 180 through the Government
Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

II. Background

A. What Action is the Agency Taking?

    OPP has relocated to new offices in Arlington, VA. This move was
announced in the Federal Register of April 19, 2006 (71 FR 20089) (FRL-
8065-6). Detailed information on how to contact OPP at the new location
was recently provided to the public in Pesticide Registration (PR)
Notice 2006-1 (April 12, 2006). PR Notice 2006-1 contains the mail
codes which are to be used with submissions to OPP and is available on
the Agency's website at http://www.epa.gov/PR_Notices/pr2006-1.pdf.

    The Agency is now amending its pesticide regulations in parts 150-
189 of the Code of Federal Regulations (CFR) to change the manner in
which the addresses are referenced. Currently, there are over 20
references in 40 CFR parts 150-189 to either an address or docket
location. Rather than maintain and have to update multiple address
references, the Agency is creating a new Sec.  150.17 to contain the
U.S. Postal Service mailing address, the address for hand/courier
delivery, and the location of the OPP Regulatory Public Docket. This
means that individual addresses scattered throughout the CFR are being
replaced by a reference to Sec.  150.17.

B. What is the Agency's Authority for Taking this Action?

    EPA is issuing this document under its general rulemaking
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. App.).

C. Why is EPA Issuing this as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(A), provides that an agency may issue rules of agency
organization, procedure, and practice without first giving notice. This
address change regulation qualifies as a rule of organization,
procedure, or practice.
    Additionally, section 553 of the APA, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. EPA has determined that there is
good cause for making this rule final without prior proposal and
opportunity for comment because the actions taken in this final rule
represent technical amendments to the regulations and do not involve
substantive Agency action. Moreover, maintaining incorrect information
on how to submit documents to the Agency may have legal consequences,
and may increase costs to the regulated industry.
    For these reasons, notice and public procedure are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

III. Statutory and Executive Order Reviews

    This final rule implements technical amendments to 40 CFR chapter
I, subchapter E, to reflect the new OPP address. It does not otherwise
impose or amend any requirements. As such, the Office of Management and
Budget (OMB) has determined that a technical amendment is not a
``significant regulatory action'' subject to review by OMB under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this rule has been exempted from
review under Executive Order 12866 due to its lack of significance,
this rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that require the Agency's consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note).
    Since this action is not subject to notice-and-comment requirements
under the APA or any other statute, this action is not subject to the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.). In addition, the Agency has determined that this action will not
have a substantial direct effect on States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, entitled Federalism (64 FR 43255,
August 10, 1999). The Agency has determined that this rule does not
have any substantial

direct effects on one or more Indian tribes, on the relationship
between the Federal Government and the Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes as described in Executive Order 13175,
entitled Consultation and Coordination with Indian Tribal Governments
(65 FR 67249, November 6, 2000). Thus, Executive Order 13132 and 13175
do not apply to this rule.

IV. Congressional Review Act

    Yes. The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.)
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 of CRA allows the issuing
agency to make a rule effective sooner than otherwise provided by the
CRA, if the agency makes a good cause finding that notice and public
procedure is impracticable, unnecessary, or contrary to the public
interest. This determination must be supported by a brief statement (5
U.S.C. 808(2)). As stated previously, EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of June 21, 2006. EPA will submit a report containing this rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 150, 152, 154, 158, 159, 168, 170,
172, 174, 178, 180

    Environmental protection, Administrative practice and procedure,
Advertising, Agricultural commodities, Confidential business
information, Exports, Food additives, Intergovernmental relations,
Labeling, Occupational safety and health, Pesticides and pests,
Reporting and recordkeeping requirements, Research.

    Dated: June 12, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.

0
Therefore, 40 CFR chapter I is amended as follows:
0
1. Part 150, consisting of Sec.  150.17, is added to subchapter E to
read as follows:

PART 150--GENERAL

    Authority: Reorganization Plan No. 3 of 1970 (5 U.S.C. App.).

Sec.  150.17  Addresses for applications and correspondence.

    The official addresses for all submissions directed to the Office
of Pesticide Programs (OPP) of the Environmental Protection Agency are
as follows:
    (a) United States Postal Service mailing address. Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington DC 20460-0001.
    (b) Hand/courier delivery address. Office of Pesticide Programs,
Environmental Protection Agency, 2777 S. Crystal Dr., Arlington, VA
22202-4501.
    (c) OPP Regulatory Public Docket address. OPP Regulatory Public
Docket is physically located in Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202-4501. This is not a
mailing address.

PART 152--[AMENDED]

0
2. The authority citation for part 152 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31
U.S.C. 9701.

0
3. In Sec.  152.25, revise paragraph (f)(2) to read as follows:

Sec.  152.25  Exemptions for pesticides of a character not requiring
FIFRA regulation.

* * * * *
    (f) * * *
    (2) Permitted inerts. A pesticide product exempt under paragraph
(f)(1) of this section may only include inert ingredients listed in the
most current List 4A. This list is updated periodically. The most
current list may be obtained by contacting the Registration Division at
the appropriate address as set forth in 40 CFR 150.17(a) or (b).
* * * * *

0
4. Section152.55 is revised to read as follows:

Sec.  152.55  Where to send applications and correspondence.

    Applications and correspondence relating to registration should be
sent to the Office of Pesticide Programs' Document Processing Desk at
the appropriate address as set forth in 40 CFR 150.17(a) or (b).

0
5. In Sec.  152.414, revise paragraph (a)(1) and the fourth sentence in
(a)(2) to read as follows:

Sec.  152.414  Procedures.

    (a) * * *
    (1) A request for a waiver must be submitted in writing at the time
the application is submitted to the Office of Pesticide Programs'
Document Processing Desk at the appropriate address as set forth in 40
CFR 150.17(a) or (b).
    (2) * * * Since the actual fee is submitted to an address different
than the one to which the waiver request is submitted, a copy of the
payment document must be submitted with the waiver request that is
submitted to the Office of Pesticide Programs' Document Processing Desk
as described in paragraph (a)(1) of this section. * * *
* * * * *

PART 154--[AMENDED]

0
6. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 136a, d, and w.

0
7. In Sec.  154.15, revise paragraph (f)(1)(ii) to read as follows:

Sec.  154.15  Docket for the Special Review.

* * * * *
    (f) * * *
    (1) * * *
    (ii) The docket and index will be available at the OPP Regulatory
Public Docket located as set forth in 40 CFR 150.17(c).
* * * * *

PART 158--[AMENDED]

0
8. The authority citation for part 158 continues to read as follows:

    Authority: 7 U.S.C. 136-136y.

0
9. In Sec.  158.45, revise paragraph (d) to read as follows:

Sec.  158.45  Waivers.

* * * * *
    (d) Availability of waiver decisions. Agency decisions under this
section granting waiver requests will be available to the public at the
OPP Regulatory Public Docket located as set forth in 40 CFR 150.17(c).
Any person may obtain a copy of any waiver decision by written request
in the manner set forth in 40 CFR part 2.

PART 159--[AMENDED]

0
10. The authority citation for part 159 continues to read as follows:

    Authority: 7 U.S.C. 136-136y.

0
11. In Sec.  159.156, remove paragraphs (a) and (b), redesignate
paragraphs (c) through (k) as paragraphs (a) through (i), and revise
the section's introductory text to read as follows:

Sec.  159.156  How information must be submitted.

    A submission under FIFRA section 6(a)(2) must be delivered to the
Office of Pesticide Programs' Document Processing Desk at the
appropriate address as set forth in 40 CFR 150.17(a) or (b).
* * * * *

PART 168--[AMENDED]

0
12. The authority citation for part 168 continues to read as follows:

    Authority: 7 U.S.C. 136-136y.

0
13. In Sec.  168.65, revise the last sentence in the parenthetical in
paragraph (b)(1)(iii)(A)(2)(i) and the parenthetical in paragraph
(b)(1)(iii)(A)(2)(iii) to read as follows:

Sec.  168.65  Pesticide export label and labeling requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (2) * * *
    (i) * * * The classification of inerts is explained in EPA's Policy
Statement on Inert Ingredients in Pesticide Products, which can be
obtained at the OPP Regulatory Public Docket located as set forth in 40
CFR 150.17(c).
* * * * *
    (iii) * * * (See ``Food Fragrances in Pesticide Formulations,''
EPA's Office of Pesticide Programs Policy and Criteria Notice number
2155.1, November 20, 1975, which can be obtained at the OPP Regulatory
Public Docket located as set forth in 40 CFR 150.17(c).)
* * * * *

0
14. In Sec.  168.75, revise the last sentence in paragraph
(c)(2)(i)(D), paragraph (c)(2)(ii)(D), and paragraph (c)(2)(ii)(F) to
read as follows:

Sec.  168.75  Procedures for exporting unregistered pesticides--
purchaser acknowledgement statements.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (D) * * * This information must be transmitted to the Office of
Pesticide Programs' Document Processing Desk at the appropriate address
as set forth in 40 CFR 150.17(a) or (b), Attention: Purchaser
Acknowledgement Statement.
* * * * *
    (ii) * * *
    (D) * * * This information must be transmitted to the Office of
Pesticide Programs' Document Processing Desk at the appropriate address
as set forth in 40 CFR 150.17(a) or (b), Attention: Purchaser
Acknowledgement Statement.
* * * * *
    (F) * * * The annual summary shall be sent to the Office of
Pesticide Programs' Document Processing Desk at the appropriate address
as set forth in 40 CFR 150.17(a) or (b), Attention: Annual Summary of
Exports.
* * * * *

PART 170--[AMENDED]

0
15. The authority citation for part 170 continues to read as follows:

    Authority: 7 U.S.C. 136w.

0
16. In Sec.  170.112, revise the introductory text of paragraph (e)(1)
to read as follows:

Sec.  170.112  Entry restrictions.

* * * * *
    (e) * * *
    (1) Exception requiring agency approval. A request for an exception
must be submitted to the Office of Pesticide Programs' Document
Processing Desk at the appropriate address as set forth in 40 CFR
150.17(a) or (b) and must be accompanied by two copies of the following
information:
* * * * *

PART 172--[AMENDED]

0
17. The authority citation for part 172 continues to read as follows:

    Authority: 7 U.S.C. 136c, 136w. Section 172.4 is also issued
under 31 U.S.C. 9701.

0
18. In Sec.  172.3, revise the fourth sentence of paragraph (d) to read
as follows:

Sec.  172.3  Scope of requirement.

* * * * *
    (d) * * * Persons intending to conduct tests who are uncertain
whether the testing may be conducted without a permit may submit a
request for determination to the Office of Pesticide Programs' Document
Processing Desk at the appropriate address as set forth in 40 CFR
150.17(a) or (b). * * *
* * * * *

0
19. In Sec.  172.4, revise paragraph (a) to read as follows:

Sec.  172.4  Applications.

    (a) Time for submission. An application or request for amendment to
an existing permit shall be submitted as far as possible in advance of
the intended date of shipment or use to the Office of Pesticide
Programs' Document Processing Desk at the appropriate address as set
forth in 40 CFR 150.17(a) or (b).
* * * * *

0
20. In Sec.  172.46, revise paragraph (b) to read as follows:

Sec.  172.46  Submission of a notification.

* * * * *
    (b) Where to submit a notification. A notification shall be
submitted to the Office of Pesticide Programs' Document Processing Desk
at the appropriate address as set forth in 40 CFR 150.17(a) or (b),
Attention: Biotechnology Notification Review.
* * * * *

0
21. In Sec.  172.52, revise paragraph (b)(2) to read as follows:

Sec.  172.52  Notification exemption process.

* * * * *
    (b) * * *
    (2) Where to submit a petition. All petitions shall be submitted to
the Office of Pesticide Programs' Document Processing Desk at the
appropriate address as set forth in 40 CFR 150.17(a) or (b).
* * * * *

PART 174--[AMENDED]

0
22. The authority citation for part 174 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371.

0
23. In Sec.  174.71, revise paragraph (d) to read as follows:

Sec.  174.71  Submission of information regarding adverse effects.

* * * * *
    (d) Reports and questions should be submitted to the Office of
Pesticide Programs' Document Processing Desk at the appropriate address
as set forth in 40 CFR 150.17(a) or (b).

PART 178--[AMENDED]

0
24. The authority citation for part 178 continues to read as follows:

    Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

0
25. In Sec.  178.25, revise paragraphs (b) (1) and (b)(2) to read as
follows:

Sec.  178.25  Form and manner of submission of objections.

* * * * *
    (b) * * *
    (1) Mailed submissions should be addressed to: Office of the
Hearing Clerk (1900L), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    (2) For hand/courier delivery the Office of the Hearing Clerk is
located at

Suite 350, 1099 14\th\ St., NW., Washington, DC 20005.

PART 180--[AMENDED]

0
26. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
27. In Sec.  180.33, revise the second sentence of paragraph (l) and
the fourth sentence of paragraph (m) to read as follows:

Sec.  180.33  Fees.

* * * * *
    (l) * * * A request for waiver or refund of a fee shall be
submitted to the Office of Pesticide Programs' Document Processing Desk
at the appropriate address as set forth in 40 CFR 150.17(a) or (b). * *
*
    (m) * * * The actual letter or petition, along with supporting
data, shall be forwarded within 30 days of payment to the Office of
Pesticide Programs' Document Processing Desk at the appropriate address
as set forth in 40 CFR 150.17(a) or (b). * * *
* * * * *

[FR Doc. E6-9750 Filed 6-20-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58075-58076]
[FR Doc No: 2021-22784]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2020-0675; FRL-9147-01-ORD]

Availability of the Draft IRIS Toxicological Review of
Perfluorobutanoic Acid (PFBA) and Related Compound Ammonium
Perfluorobutanoic Acid; Extension of Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period; extension.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
public comment period for the document titled, ``Availability of the
Draft IRIS Toxicological Review of Perfluorobutanoic Acid (PFBA) and
Related Compound Ammonium Perfluorobutanoic Acid.'' The original
Federal Register document announcing the public comment period was
published on August 23, 2021.

DATES: The public comment period for the notice published on August 23,
2021 (86 FR 47100), is being extended. The EPA must receive comments on
or before Monday, November 8, 2021.

ADDRESSES: The ``Availability of the Draft IRIS Toxicological Review of
Perfluorobutanoic Acid (PFBA) and Related Compound Ammonium
Perfluorobutanoic Acid'' is available via the internet on IRIS' website
at https://www.epa.gov/iris and in the public docket at https://www.regulations.gov, Docket ID: EPA-HQ-ORD-2020-0675.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the ORD Docket at the EPA Headquarters Docket Center;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or email:
[email protected].
    For technical information on the IRIS Toxicological Review of
Perfluorobutanoic acid (PFBA) and Related Compound Ammonium
Perfluorobutanoic Acid, contact Ms. Vicki Soto, CPHEA; telephone: 202-
564-3077; or email: [email protected]. The IRIS Program will provide
updates through the IRIS website (https://www.epa.gov/iris) and via
EPA's IRIS listserv. To register for the IRIS listserv, visit the IRIS
website (https://www.epa.gov/iris) or visit https://www.epa.gov/iris/forms/staying-connected-integrated-risk-information-system#connect.

SUPPLEMENTARY INFORMATION:

How To Submit Technical Comments to the Docket at https://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2020-
0675 for the Perfluorobutanoic Acid (PFBA) and Related Compound
Ammonium Perfluorobutanoic Acid IRIS assessment, by one of the
following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: [email protected].
     Fax:<PHONE_NUMBER>. Due to COVID-19, there may be a delay
in processing comments submitted by fax.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. The phone number is<PHONE_NUMBER>. Due to COVID-
19, there may be a delay in processing comments submitted by mail.
    For information on visiting the EPA Docket Center Public Reading
Room, visit https://www.epa.gov/dockets. Due to public health concerns
related to COVID-19, the EPA Docket Center and Reading Room may be
closed to the public with limited exceptions. The telephone number for
the Public Reading Room is<PHONE_NUMBER>. The public can submit comments
via www.Regulations.gov or email.
    Instructions: Direct your comments to docket number EPA-HQ-ORD-
2020-0675 for Perfluorobutanoic Acid (PFBA) and Related Compound
Ammonium Perfluorobutanoic Acid. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the closing date will be marked ``late,'' and may only be considered if
time permits. It is EPA's policy to include all comments it receives in
the public docket without change and to make the comments available
online at www.regulations.gov, including any personal information
provided, unless a comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information through
www.regulations.gov or email that you consider to be CBI or otherwise
protected. The www.regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov, your email 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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the ORD Docket in the EPA
Headquarters Docket Center.

Timothy Watkins,
Acting Director, Center for Public Health & Environmental Assessment.
[FR Doc. 2021-22784 Filed 10-19-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46741-46742]
[FR Doc No: 2017-21525]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0356; FRL-9968-81-Region 7]

Approval of Missouri Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a State Implementation Plan (SIP) revision from the
State of Missouri for the 2008 Ozone National Ambient Air Quality
Standard (NAAQS). Section 110 of the CAA requires that each state adopt
and submit a SIP for the implementation, maintenance, and enforcement
of each new or revised NAAQS promulgated by EPA. These SIPs are
commonly referred to as ``infrastructure'' SIPs. The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA. In the ``Rules and
Regulations'' section of this Federal Register, we are approving the
state's SIP revisions as a direct final rule without a prior proposed
rule. If we receive no adverse comment, we will not take further action
on this proposed rule.

DATES: Comments must be received by November 6, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0356, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically 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. The 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document proposes to take action on the
State of Missouri Infrastructure SIP revision for the 2008 Ozone NAAQS.
We have published a direct final rule approving the State's SIP
revision (s) in the ``Rules and Regulations'' section of this Federal
Register, because we view this as a noncontroversial action and
anticipate no relevant adverse comment. We have explained our reasons
for this action in the preamble to the direct final rule. If we receive
no adverse comment, we will not take further action on this proposed
rule. If we receive adverse comment, we will withdraw the direct final
rule and it will not take effect. We would address all public comments
in any subsequent final rule based on this proposed rule. We do not
intend to institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information, please see the information provided in the ADDRESSES
section of this document.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Volatile
organic carbon, Reporting and recordkeeping requirements.

    Dated: September 21, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
[FR Doc. 2017-21525 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Notices]
[Page 78780]
[DOCID:fr23de08-72]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-32-000]

SWEPI LP, EnCana Oil & Gas (USA) Inc.; Notice of Petition for
Declaratory Order

December 16, 2008.
    Take notice that on December 10, 2008, SWEPI LP and EnCana Oil &
Gas (USA) Inc. (jointly ``Petitioners'') under Rule 207(a)(2) of the
Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)
(2007), filed a petition for a declaratory order requesting that the
Commission disclaim jurisdiction over the pipeline construction
project, referred to as the Magnolia Project located in Louisiana,
because such facilities perform a gathering function exempt from the
Commission's jurisdiction under section 1(b) of the Natural Gas Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time December 24, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-30395 Filed 12-22-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23524-23528]
[FR Doc No: 2011-10194]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0228]
RIN 1625-AA00

Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a permanent safety zone
from Brandon Road Lock and Dam to Lake Michigan. This proposed safety
zone will cover 77 miles of navigable waterways in the Chicago area and
is intended to restrict vessels from entering certain segments of the
navigable waters of the Des Plaines River, the Chicago Sanitary and
Ship Canal (CSSC), branches of the Chicago River, and the Calumet-
Saganashkee Channel (Cal-Sag Channel). This proposed safety zone is
necessary to protect the waters, waterway users and vessels from
hazards associated with a myriad of actions designed to control the
spread of aquatic nuisance species. Because the Asian Carp Regional
Coordinating Committee (ACRCC) may take such actions at any time and in
any segment of the waterways covered by this proposed safety zone, this
proposed safety zone would provide the Captain of the Port, Sector Lake
Michigan, the ability to take targeted and expeditious action to
protect vessels and persons from the hazards associated with any
Federal and State efforts to control aquatic nuisance species.

DATES: Comments and related materials must be received by the Coast
Guard on or before May 27, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0228 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR William Nabach, Asst. Chief, Prevention Department, Sector
Lake Michigan, telephone<PHONE_NUMBER>, e[dash]mail address
<EMAIL_ADDRESS>If you have questions related to the
application of piscicide, please contact Mr. Bill Bolen, U.S.
Environmental Protection Agency, Senior Advisor, Great Lakes National
Program Office, 77 W. Jackson Blvd., Chicago, IL 60604, at (312) 353-
6316. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0228), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http:[sol][sol]

www.regulations.gov) or by fax, mail or hand delivery but please use
only one of these means. If you submit a comment online via
http:[sol][sol]www.regulations.gov, it will be considered received by
the Coast Guard when you successfully transmit the comment. If you fax,
mail, or hand deliver your comment, it will be considered received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and mailing address, e-mail
address or telephone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    To submit your comment online, go to
http:[sol][sol]www.regulations.gov, click on the ``submit a comment''
box, which will then become highlighted in blue. In the ``Document
Type'' drop down menu select ``Proposed Rule'' and insert ``USCG-2011-
0228'' in the ``Keyword'' box. Click ``Search'' then click on the
balloon shape in the ``Actions'' column. If you submit comments by mail
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2011-0228'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    In 2007, the Department of the Interior through the Fish and
Wildlife Service listed the Asian Carp and the Silver Carp as Injurious
Wildlife Species. Based upon testing conducted by the United States
Army Corps of Engineers (USACE), the Asian carp are believed to be
migrating toward the Great Lakes through the Chicago Sanitary and Ship
Canal and connected tributaries. Scientists are concerned that if these
aquatic nuisance species reach the Great Lakes in sufficient numbers
that they might devastate the Great Lakes commercial and sport fishing
industries.
    The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the USACE to conduct a demonstration project to identify an
environmentally sound method for preventing and reducing the dispersal
of non-indigenous aquatic nuisance species through the Chicago Sanitary
and Ship Canal.
    Subsequently, the USACE put in place an electric barrier to prevent
and reduce the dispersal of Asian carp in the Chicago Sanitary and Ship
Canal. Specifically, a demonstration dispersal barrier (Barrier I) was
constructed and has been in operation since April 2002. It is located
approximately 30 miles from Lake Michigan and creates an electric field
in the water by pulsing low voltage DC current through steel cables
secured to the bottom of the canal. A second barrier (Barrier IIA) was
constructed 800 to 1300 feet downstream of Barrier I. Barrier IIA is
currently operating at two volts per inch, 15 Hertz, and 6.5 ms.
Construction on Barrier IIB was completed in early 2011. Operational
and safety testing was conducted on Barrier IIB in February 2011 and is
being analyzed. The completion of Barrier IIB should allow for
maintenance operations with reduced need for the use of other aquatic
nuisance species countermeasures.
    In addition to the aforementioned electric dispersal barriers, the
ACRCC has been conducting fish sampling in the Chicago Area Waterway
System. The purpose of this sampling is to detect the potential
presence of Asian Carp and other aquatic nuisance species within the
waters covered by this proposed safety zone. Upon detection of the
presence of Asian Carp or other aquatic nuisance species within any
segment of the waterways covered by this safety zone, the ACRCC will
take action designed to control the spread of aquatic nuisance species
within the area of detection. The various types of actions that the
ACRCC might take are outlined in the Asian Carp Control Strategy
Framework, which can be found on the ACRCC's Web site: http://asiancarp.org.
    Because of the ACRCC's testing and countermeasure activity, the
Captain of the Port, Sector Lake Michigan, put in place a Temporary
Interim Rule (TIR) on May 1, 2010. This TIR established a 77 mile long
safety zone from Brandon Road Lock to Lake Michigan in Chicago, IL. The
purpose of that safety zone was to provide the Captain of the Port,
Sector Lake Michigan, with the ability to take targeted and expeditious
action to protect vessels and persons from the hazards associated with
the aquatic nuisance testing and the countermeasure activities detailed
in the ACRCC's Asian Carp Control Strategy Framework. Although that TIR
expired on March 1, 2011, the ACRCC will continue their testing and
countermeasure activities. Thus, the Captain of the Port, Sector Lake
Michigan, still finds it necessary to have the ability to take targeted
and expeditious actions in the affected waterways to protect vessels
and persons from the ACRCC's expected actions. For this reason, the
Captain of the Port, Sector Lake Michigan, proposes to establish a
permanent safety zone along the same waterways covered in the
previously published TIR. Like the safety zone established in the TIR,
this proposed safety zone will only be enforced when testing and
countermeasure activity require the Captain of the Port, Sector Lake
Michigan to enforce the safety zone.

Discussion of Rule

    This proposed rule places a permanent safety zone on 77 miles of
waterways from Brandon Road Lock and Dam (mile marker 286.0) to Lake
Michigan, including the waterways of the Des Plaines River, the CSSC,
branches of the Chicago River, and the Calumet-Saganashkee Channel
(Cal-Sag Channel). The Coast Guard has deemed this safety zone
necessary to protect the

waters, waterway users, and vessels from the hazards associated with a
myriad of actions designed to control the spread of aquatic nuisance
species. Because it is difficult to predict with certainty the type and
degree of aquatic nuisance countermeasures that might be in place along
the affected waterways several years from now, the Coast Guard proposes
to establish a permanent safety zone in place of the previous temporary
safety zone that expired on March 1, 2011. This proposed rule is
separate and distinct from that located in 33 CFR 165.T09-1054, which
was published in the December 2, 2010 issue of the Federal Register (75
FR 759) to establish a safety zone and regulated navigation area (RNA)
on the CSSC near Romeo Road Bridge, Romeoville, IL. Likewise, this
proposed rule affects no other regulation currently applicable to the
waterways covered by this safety zone.
    The Captain of the Port, Sector Lake Michigan, may enforce this
safety zone in whole or in segments. Although the safety zone may be
enforced in its entirety, it is the intention of the Captain of the
Port, Sector Lake Michigan to enforce the safety zone, depending on the
circumstances, in the smallest segments possible. By enforcing only
small segments of the safety zone, the Captain of the Port, Sector Lake
Michigan, retains the flexibility to focus enforcement efforts only on
those portions of the safety zone actually affected by aquatic nuisance
species countermeasures. It is expected that this enforcement scheme
will minimize waterway closures and any corresponding effects on vessel
traffic. Any segment of this proposed safety zone to be enforced shall
be delineated by mile markers and/or landmarks (e.g., Romeo Road
Bridge).
    Vessels may transit through any portion of the safety zone that is
not being enforced. Entry into, transiting, mooring, laying up, or
anchoring within an enforced segment of the safety zone, however, is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative. All vessels desiring
to enter a segment of a waterway in which this safety zone is being
enforced must obtain permission from the Captain of the Port, Sector
Lake Michigan, to do so and must follow all orders from the Captain of
the Port, Sector Lake Michigan, or his or her designated representative
while in the zone.
    Even during periods of enforcement, the Captain of the Port, Sector
Lake Michigan, will make every effort to permit vessel entry into any
enforced segment of the safety zone until on-scene preparations begin
for aquatic nuisance species countermeasures. Once on-scene
preparations begin and until clean-up is complete, however, no vessel,
except those being used for aquatic nuisance species countermeasures or
those having specific permission from the Captain of the Port, Sector
Lake Michigan, will be permitted to enter or remain in an enforced
segment of the safety zone.
    As the necessary clean-up actions are completed, the Captain of the
Port, Sector Lake Michigan, will begin to re-open segments of the
waterways in an effort to minimize disruption or waterway use. As soon
as the aquatic nuisance species countermeasures are complete, the
safety zone will no longer be enforced and the Captain of the Port,
Sector Lake Michigan, will notify the public of such by all appropriate
means. Such means of notification include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners.
    The Captain of the Port, Sector Lake Michigan, maintains a live
radio watch on VHF Channel 16 and a telephone line that is manned 24-
hours a day, seven days a week. The public can obtain information
concerning enforcement of the safety zone by contacting the Captain of
the Port, Sector Lake Michigan, via the Coast Guard Sector Lake
Michigan Command Center at<PHONE_NUMBER>.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be minimal.
This determination is based on the following: (1) While this rule
proposes to establish a safety zone that is 77 miles long, the Captain
of the Port, Sector Lake Michigan, will enforce the safety zone only in
relatively small segments. The Captain of the Port, Sector Lake
Michigan, will have the flexibility to enforce the safety zone in only
the segments of the safety zone affected by the application of
piscicide, targeted fishing operations or other countermeasures to
address the problem of aquatic nuisance species invasion; and (2) The
Captain of the Port, Sector Lake Michigan, will make every effort to
reduce the closure time of the enforced segments of the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This proposed rule would affect the following
entities, some of which might be small entities: The owners and
operators of vessels intending to transit or anchor in any enforced
segment of the 77-mile safety zone. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed 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.

Assistance for Small Entities

    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 so that they can better
evaluate its effects on them and participate in the rulemaking process.
If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR William
Nabach, Asst. Chief of Prevention, Sector Lake Michigan, at (414) 747-
7159. 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.

Collection of Information

    This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A proposed rule has implications for federalism under Executive
Order 13132, Federalism, if it has a substantial direct effect on State
or local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. We have analyzed this
proposed rule under that Order and have determined that it does not
have implications for federalism.

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.

Taking of Private Property

    This proposed rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of the category of actions which
do not individually or cumulatively have significant effect on the
human environment. Therefore, this proposed rule is categorically
excluded, under section 2.B.2 Figure 2-1, paragraph (34)(g), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. This proposed rule involves
the establishing, disestablishing, or changing of a security or safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. The Coast Guard's environmental responsibilities extend only
to the creation of a safety zone and do not include the application of
piscicide or any other countermeasures to combat invasive species.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add Sec.  165.930 to read as follows:

Sec.  165.930  Safety Zone, Brandon Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago
River, and Calumet-Saganashkee Channel, Chicago, IL.

    (a) Location. The safety zone consists of the following areas:
    (1) Des Plaines River. All U.S. waters of the Des Plaines River
located between mile marker 286.0 (Brandon Road Lock and Dam) and mile
marker 290.0 (point at which the Des Plaines River connects with the
Chicago Sanitary and Ship Canal).
    (2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago
Sanitary and Ship Canal between mile marker 290.0 (point at which the
Chicago Sanitary and Ship Canal connects to the Des Plaines River) and
mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal
Connects to the South Branch Chicago River).
    (3) South Branch Chicago River. All U.S. waters of the South Branch
Chicago River between mile marker 321.8 (point at which the South
Branch Chicago River connects to the Chicago Sanitary and Ship Canal)
and mile marker 325.6 (point at which the South Branch Chicago River
connects to the Chicago River (Main Branch) and North Branch Chicago
River).
    (4) Chicago River (Main Branch). All U.S. waters of the Chicago
River (Main Branch) between mile marker 325.6 (point at which the
Chicago River connects to the South Branch Chicago River) and 100 yards
extending past the end of the Chicago River covering the area of the
Federal channel within Chicago Harbor.

    (5) North Branch Chicago River. All U.S. waters of the North Branch
Chicago River between mile marker 325.6 (point at which the North
Branch Chicago River connects to the Chicago River (Main Branch) and
the South Branch Chicago River) and mile marker 331.4 (end of
navigation channel).
    (6) Calumet-Saganashkee Channel. All U.S. waters of the Calumet-
Saganashkee Channel between mile marker 303.5 (point at which the
Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship
Canal) and mile marker 333.0; all U.S. waters of the Calumet-
Saganashkee Channel between mile marker 333.0 and Lake Michigan
(Calumet Harbor).
    (b) Effective Period. This rule is effective [30 DAYS AFTER THE
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (c) Enforcement. (1) The Captain of the Port, Sector Lake Michigan,
may enforce this safety zone in whole, in segments, or by any
combination of segments. The Captain of the Port, Sector Lake Michigan,
may suspend the enforcement of any segment of this safety zone for
which notice of enforcement had been given.
    (2) The safety zone established by this section will be enforced,
pursuant to paragraph (c)(1) of this section, only upon notice by the
Captain of the Port, Sector Lake Michigan. Suspension of any previously
announced period of enforcement will also be provided by the Captain of
the Port, Sector Lake Michigan. All notices of enforcement and notices
of suspension of enforcement will clearly describe any segments of the
safety zone affected by the notice. At a minimum, notices of
enforcement and notices of suspension of enforcement will identify any
affected segments by reference to mile markers. When possible, the
Captain of the Port, Sector Lake Michigan, will also identify enforced
segments of this safety zone by referencing readily identifiable
geographical points. In addition to providing the geographical bounds
of any enforced segment of this safety zone, notices of enforcement
will also provide the date(s) and time(s) at which enforcement will
commence or suspend.
    (3) The Captain of the Port, Sector Lake Michigan, will publish
notices of enforcement and notices of suspension of enforcement in
accordance with 33 CFR 165.7(a) and in a manner that provides as much
notice to the public as possible. The primary method of notification
will be through publication in the Federal Register. The Captain of the
Port, Sector Lake Michigan, will also provide notice through other
means, such as Broadcast Notice to Mariners, local Notice to Mariners,
local news media, distribution in leaflet form, and on-scene oral
notice. Additionally, the Captain of the Port, Sector Lake Michigan,
may notify representatives from the maritime industry through
telephonic and e-mail notifications.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, mooring, laying up,
or anchoring within any enforced segment of the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative.
    (2) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The designated representative of
the Captain of the Port, Sector Lake Michigan, will be aboard a Coast
Guard, Coast Guard Auxiliary, or other designated vessel or will be on
shore and will communicate with vessels via VHF radio, loudhailer, or
by phone. The Captain of the Port, Sector Lake Michigan, or his or her
designated representative may be contacted via VHF radio Channel 16 or
the Coast Guard Sector Lake Michigan Command Center at<PHONE_NUMBER>.
    (3) To obtain permission to enter or operate within an enforced
segment of the safety zone established by this section, Vessel
operators must contact the Captain of the Port, Sector Lake Michigan,
or his or her designated representative. Vessel operators given
permission to operate in an enforced segment of the safety zone must
comply with all directions given to them by the Captain of the Port,
Sector Lake Michigan, or his or her designated representative.
    (4) When a segment of the safety zone is being enforced, it will be
closed to all vessel traffic, except as may be permitted by the Captain
of the Port, Sector Lake Michigan, or his or her designated
representative. As soon as operations permit, the Captain of the Port,
Sector Lake Michigan, will issue a notice of suspension of enforcement
as specified in paragraph (c) of this section.
    (5) All persons entering any enforced segment of the safety zone
established in this section are advised that they do so at their own
risk.

    Dated: April 15, 2011.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector
Lake Michigan.
[FR Doc. 2011-10194 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-04-P