[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69299-69301]
[FR Doc No: 2021-26449]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93694; File No. SR-CboeEDGA-2021-025]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing of a Proposed Rule Change To Introduce a New Data Product To
Be Known as the Short Volume Report, Modify the Name of Rule 13.8 to
``Data Products'', and Add a Preamble to Rule 13.8

December 1, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 17, 2021, Cboe EDGA Exchange, Inc. (``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to adopt Exchange Rule 13.8(h) to introduce a new data
product to be known as the Short Volume Report, modify the name of Rule
13.8 to ``Data Products'', and add a preamble to Rule 13.8. The text of
the proposed rule change is provided in Exhibit 5. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt Rule 13.8(h) to provide for a new
data product to be known as the Short Volume Report. The proposal
introduces the Short Volume Report which will be available for purchase
to EDGA Members (``Members'') and non-Members. The Exchange notes that
the proposed data product is substantially similar to information
included in the short sale volume report offered by the Nasdaq Stock
Market LLC (``Nasdaq'') \3\ and the TAQ Group Short Volume file offered
by the New York Stock Exchange LLC (``NYSE''),\4\ with the exception
that the proposed product will include buy and sell volume as well as
trade counts for buy, sell, sell short, and sell short exempt volume.
The Exchange also proposes to change the name of Rule 13.8 to ``Data
Products'' and add a preamble to Rule 13.8 to conform to Cboe BZX
Exchange, Inc. (``BZX'') and Cboe BYX Exchange, Inc. (``BYX'') Rule
11.22.
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    \3\ See the Nasdaq Price List--Equities, Nasdaq Web-based
Reports, Nasdaq Short Sale Volume Reports at Price List--NASDAQ
Global Data Products (nasdaqtrader.com).
    \4\ See the NYSE Historical Proprietary Market Data Pricing,
NYSE Group Summary Data Products, TAQ NYSE Group Short Volume (Daily
File) at https://www.nyse.com/publicdocs/nyse/data/NYSE_Historical_Market_Data_Pricing.pdf.
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    A description of each market data product offered by the Exchange
is described in Exchange Rule 13.8. The Exchange proposes to amend Rule
13.8(h) to introduce and add a description of the Short Volume Report.
The Exchange proposes to describe the Short Volume Report as ``an end-
of-day report that summarizes equity trading activity on the Exchange,
including trade count and volume by symbol for buy, sell, sell short,
and sell short exempt trades.'' Specifically, the end-of-day report
will include the following information: Trade date, symbol, total
volume, buy volume, buy trade count, sell volume, sell trade count,
sell short volume, sell short trade count, sell short exempt volume,
and sell short exempt trade count. The Exchange notes that the proposed
product includes substantially similar information as that included in
comparable products offered on Nasdaq and NYSE except that the Exchange
proposes to also include

buy and sell volume as well as trade counts for buy, sell, sell short,
and sell short exempt volume.\5\ The Exchange believes the additional
data points will benefit market participants because they will allow
market participants to better understand the changing risk environment
on a daily basis.
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    \5\ The Exchange notes that the Nasdaq and NYSE comparable
products reflect aggregate information across their affiliated
equity exchanges. The Exchange is not proposing an aggregated Short
Volume Report across its affiliated equity exchanges; thus, the
proposal is only applicable to trades executed on BZX [sic].
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    The Short Volume Report will be available for purchase \6\ on a
monthly subscription basis for which subscribers will receive a daily
end-of-day file that will be delivered after the conclusion of the
Post-Closing Session.\7\ Additionally, historical Short Volume Reports
dating as far back as January 2, 2015 will be available for purchase on
an ad hoc basis in monthly increments. The subscription files and
historical files will include the same data points. Lastly, the
Exchange notes the proposed product is a completely voluntary product,
in that the Exchange is not required by any rule or regulation to make
this data available and that potential subscribers may subscribe to it
only if they voluntarily choose to do so.
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    \6\ The Exchange intends to submit a separate rule filing to
adopt fees for the Short Volume Report product.
    \7\ See Exchange Rule 1.5(r).
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    Based on the above proposal, the Exchange also proposes to amend
the name of Rule 13.8 from ``EDGA Book Feeds'' to ``Data Products''.
Such an amendment would accurately describe the Rule as the proposed
product is not a book feed, but rather a data product. Further, the
existing data feeds identified in Rule 13.8 are also data products. The
Exchange also proposes to add the following preamble to Rule 13.8:
``The Exchange offers the following data products free of charge,
unless otherwise noted in the Exchange's fee schedule''. The proposed
language conforms to rule text provided in BZX and BYX Rules 11.22.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See Supra notes 3 and 4.
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes that the proposed Short
Volume Report would further broaden the availability of U.S. equity
market data to investors consistent with the principles of Regulation
NMS. The proposal also promotes increased transparency through the
dissemination of data included in the Short Volume Report. The proposed
rule change would benefit investors by providing access to the Short
Volume Report, which may promote better informed trading. Particularly,
information included in the Short Volume Report may allow a market
participant to identify the source of selling pressure and whether it
is long or short.
    Moreover, other exchanges offer substantially similar data
products. The Nasdaq daily short sale volume file reflects the
aggregate number of shares executed on Nasdaq, Nasdaq BX, Inc. and
Nasdaq PHLX LLC.\11\ Specifically, the Nasdaq daily short volume report
provides the following information: Trade date, symbol, volume during
regular trading hours, and CTA market identifier. Additionally, the
NYSE Group Short Volume daily file reflects a summary of short sale
volume for securities traded on NYSE, NYSE American LLC, NYSE Arca,
Inc., NYSE National, Inc., and NYSE Chicago, Inc. Specifically, the
NYSE Group Short Volume product provides the following information:
Trade date, symbol, short exempt volume, short volume, total volume of
all transactions, and market identifier. While the proposed product
offers volume and trade counts which are not offered in the comparable
NYSE and Nasdaq short sale volume reports, similar data is otherwise
available or determinable in other NYSE data product offerings.
Specifically, the NYSE TAQ product provides trade and quote information
for orders entered on the NYSE affiliated equity exchanges, which
include buy, sell, and sell short volume.\12\ Thus, subscribers to NYSE
TAQ could determine volume and trade counts from such data.
Additionally, the NYSE Monthly Short Sales report provides a record of
every short sale transaction on NYSE during the month, which includes a
size and short sale indicator.\13\ Thus, subscribers to the NYSE
Monthly Short Sales report could determine the sell short and sell
short exempt volume and trade count, albeit on a monthly basis rather
than a daily basis. Moreover, the Exchange believes the proposed Short
Volume Report will benefit market participants because they will
provide visibility into market activity that is not currently
available. Further it will allow market participants to better
understand the changing risk environment on a daily basis. Therefore,
the Exchange believes it is reasonable to include such data in the
proposed product.
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    \11\ See Supra note 3. As noted in the Nasdaq Price List, BX and
PSX short sale files are available for free.
    \12\ See https://www.nyse.com/publicdocs/nyse/data/TAQ_XDP_Products_Client_Spec_v2.3c.pdf.
    \13\ See https://www.nyse.com/publicdocs/nyse/data/Monthly_Short_Sales_Client_Spec_v1.3.pdf.
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    Finally, as noted above the proposed Short Sale Report is a
completely voluntary product, in that the Exchange is not required by
any rule or regulation to make this data available and that potential
subscribers may subscribe to it only if they voluntarily choose to do
so.
    The Exchange believes the proposal to change the name of Rule 13.8
to ``Data Products'' is reasonable because the proposed Short Volume
Report is not a book feed, and thus ``EDGA Book Feeds'' does not
accurately describe all of the paragraphs under Rule 13.8. The Exchange
also believes the proposal to add the preamble to Rule 13.8 is
reasonable because it will eliminate potential investor confusion as to
which data products the Exchange charges a fee. Furthermore, both of
the aforementioned changes to Rule 13.8 are identical to the text of
BZX and BYX Rule 11.22.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to offer data products similar to those offered
by other competitor equities exchanges.\14\ The Exchange is proposing
to introduce the Short Volume Report in order to keep pace with changes
in the industry and evolving customer needs, and believes this proposed
rule change would contribute to robust competition among national
securities exchanges. As noted, at least two other U.S. equity
exchanges offer a market data product that is substantially similar to
the proposed Short Volume Report.\15\ As a result, the Exchange
believes this proposed rule change permits fair competition among
national securities exchanges. Therefore, the Exchange does not believe
the proposed rule change will result in any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.
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    \14\ See Supra notes 3 and 4.
    \15\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2021-025 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGA-2021-025. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGA-2021-025, and should be
submitted on or before December 28, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26449 Filed 12-6-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 20, 2006 (Volume 71, Number 13)]
[Notices]
[Page 3283-3284]
[DOCID:fr20ja06-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP00-495-008, RP03-211-004 and RP01-97-007]

Texas Gas Transmission, LLC; Notice of Compliance

January 13, 2006.
    Take notice that on December 15, 2005, Texas Gas Transmission, LLC
(Texas Gas) tendered for filing its Segmentation Transactions Report in
compliance with Ordering Paragraph B of ``Order on Rehearing'', issued
December 24, 2002.\1\
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    \1\ Texas Gas Transmission, 101 FERC ] 61,359 (2002).
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    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public

Reference Room in Washington, DC. There is an ``eSubscription'' link on
the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on January 20, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-610 Filed 1-19-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Notices]
[Pages 48529-48530]
[FR Doc No: 2015-20032]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0533; FRL-9932-31-OAR ]

Proposed Agency Information Collection Request: Comment Request;
Servicing of Motor Vehicle Air Conditioners, EPA ICR Number 1617.08,
OMB Control Number 2060-0247

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Servicing of Motor
Vehicle Air Conditioners'' (EPA ICR No. 1617.08, OMB Control No. 2060-
0247) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through October 31, 2015. An Agency may not conduct or sponsor
and a person is not required to respond to a collection of information
unless it

displays a currently valid OMB control number.

DATES: Comments must be submitted on or before October 13, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2015-0533, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Rebecca von dem Hagen, Environmental
Protection Agency, Stratospheric Protection Division, Office of
Atmospheric Programs, MC 6205J, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
343-9445; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act)
provides general guidelines for the recovery and recycling of motor
vehicle air conditioners. It states that ``no person repairing or
servicing motor vehicles for consideration may perform any service on a
motor vehicle air conditioner involving the refrigerant for such air
conditioner without properly using approved refrigerant recovery and/or
recovery and recycling equipment (hereafter referred to as
``refrigerant handling equipment'') and no such person may perform such
service unless such person has been properly trained and certified.''
In 1992, EPA developed regulations under section 609 that were
published in 57 FR 31240, and codified at 40 CFR Subpart B (Section
82.30 et seq.). The information required to be collected under the
Section 609 regulations is: Approved refrigerant handling equipment;
approved independent standards testing organizations; technician
training and certification; and certification, reporting and
recordkeeping.
    Form Numbers: None.
    Respondents/affected entities: The following is a list of NAICS
codes for organizations potentially affected by the information
requirements covered under this ICR. It is meant to include any
establishment that may service or maintain motor vehicle air
conditioners.

4411 Automobile Dealers
4413 Automotive Parts, Accessories, and Tire Stores
44711 Gasoline Stations with Convenience Stores
45299 All Other General Merchandise Stores
811198 All Other Automotive Repair and Maintenance
    Other affected groups include:

--Independent Standards Testing Organizations
--Organizations with Technician Certification Programs

    Respondent's obligation to respond: Mandatory (40 CFR 82.36, 82.38,
82.40, 82.42).
    Estimated number of respondents: 52,616 per year.
    Frequency of response: On occasion.
    Total estimated burden: 4,523 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $208,307.40 per year, includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: The Agency anticipates that the total
estimated respondent burden will stay substantially the same, or
decrease compared with the ICR currently approved by OMB. The Agency
anticipates a decrease in the respondent burden for new equipment
certifications due to adjustments in the calculation to estimate the
burden resulting from required submissions. The Agency also anticipates
the respondent burden for updates to certification programs to increase
slightly, while the number of new technician certification programs
compiling documents for submission to EPA for verification of the
program is expected to stay the same.

    Dated: August 5, 2015.
Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2015-20032 Filed 8-12-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Proposed Rules]
[Page 21092-21094]
[DOCID:fr18ap08-20]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[Docket No. FRA-2006-26175, Notice No. 3]
RIN 2130-AB84

Electronically Controlled Pneumatic Brake Systems

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Proposed rule; partial reopening of comment period.

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SUMMARY: This document announces an additional 15-day period to file
comments in this proceeding. This extension provides interested parties
an opportunity to comment on recently revised or new standards
developed by the Association of American Railroads (AAR) that are
related to the notice of proposed rulemaking (NPRM) in this proceeding.

DATES: Written comments must be received by May 5, 2008. Comments
received after that date will be considered to the extent possible
without incurring additional expenses or delays.

ADDRESSES: Comments: Comments related to Docket No. FRA-2006-26175, may
be submitted by any of the following methods:
    1. Web site: Comments should be filed at the Federal eRulemaking
Portal, http://www.regulations.gov. Follow the Web site's online
instructions for submitting comments.
    2. Fax:<PHONE_NUMBER>.
    3. Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    4. Hand Delivery: Room W12-140 on the Ground level of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m.
and 5 p.m. Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal
information. Please see the Privacy Act heading in the SUPPLEMENTARY
INFORMATION section of this document for Privacy Act information
related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140
on the Ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: James Wilson, Office of Safety
Assurance and Compliance, Motive Power and Equipment Division, RRS-14,
Mail Stop 25, Federal Railroad Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590 (telephone<PHONE_NUMBER>); or Jason
Schlosberg, Trial Attorney, Office of Chief Counsel, Mail Stop 10,
Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 (telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 2007, FRA published in the Federal Register an NPRM
seeking comments on proposed rules relating to the implementation and
use of electronically controlled pneumatic (ECP) brake systems on
freight trains and freight cars. See 72 FR 50820. The NPRM proposed
incorporation by reference of existing AAR Standards and Recommended
Practices related to ECP brake systems. At the time FRA published the
NPRM, those standards, collectively known as the AAR S-4200 Series
Standards, included the following:
    (1) AAR S-4200, ECP Cable-Based Brake Systems--Performance
Requirements (2004);
    (2) AAR S-4210, ECP Cable-Based Brake System Cable, Connectors, and
Junction Boxes--Performance Specifications (2002);
    (3) AAR S-4220, ECP Cable-Based Brake DC Power Supply--Performance
Specification (2002);
    (4) AAR S-4230, Intratrain Communication (ITC) Specification for
Cable-Based Freight Train Control System (2004);
    (5) AAR S-4250, Performance Requirements for ITC Controlled Cable-
Based Distributed Power Systems (2004); and
    (6) AAR S-4260, ECP Brake and Wire Distributed Power
Interoperability Test Procedures (2007).
    In the NPRM, FRA noted that the AAR S-4200 Series do not provide
requirements for hardware and software configuration management plans
and acknowledged that AAR was in the process of developing standards
related to ECP brake system configuration management. The NPRM further
noted that if a configuration management standard were to be adopted
and published by the AAR subsequent to the closing of the NPRM's
comment period, FRA would consider other forums for receiving comments,
including, but not limited to, issuing a supplemental notice informing
interested parties of the standard's availability.
    Subsequent to the closing of the comment period in this proceeding,
AAR made changes to the S-4200 Series Standards by modifying individual
standards S-4200 and S-4210 and by proposing a new standard S-4270. FRA
has preliminarily reviewed these changes and notes that they are in
each case either (i) more protective of safety or (ii) safety neutral
but designed to make ECP brake systems more practical for field
application. Accordingly, FRA presents the proposed changes for comment
with a view toward potential incorporation in the final rule.
    After a period for comment by AAR members, AAR published a revised
S-4200 standard and postponed the implementation date from February 16,
2008, to June 1, 2008. See AAR Circular Letters C-10686 and C-10697;
AAR Standard S-4200 (2008). AAR Circular Letter C-10686 summarized the
changes to the S-4200 standard as follows:

    Section <IP_ADDRESS> Description of Setup: This section was revised
to limit changes of the empty/load setting to changes of E/L from
empty to loaded only.
    Section <IP_ADDRESS>.4 Empty/Load: A sentence was added to stipulate
that the engineer shall not be allowed to change the train's empty/
load setting from loaded to empty while the train is in motion.
    Section <IP_ADDRESS>.4.1 Empty Load Selection While the Train is
Enroute: A sentence was revised to require that the train be stopped
with a full service brake application or a full service brake
application must have been commanded for at least 2 minutes in order
to change the train's empty/load setting from loaded to empty.
    Section <IP_ADDRESS>.5 Train Net Braking Ratio: This section was
revised to require that, if the OEM provides the optional ability to
change the train NBR, the engineer will not be given the opportunity
to change the setting.
    Section <IP_ADDRESS>.6 Configuration Confirmation: Empty/load value
was added to brake pipe pressure setpoint for which the HEU shall
display the entered values and request a confirmation from the
engineer.
    Section 4.3.12 Mechanical Brake Cylinder and Reservoir Venting:
This section was revised to require a means to manually vent
pressure from the brake cylinder and reservoir at every CCD location
from both sides of the car without reliance on electronic activation
or control.
    Note 1 has been revised to require that the brake cylinder
release valve be capable of releasing air pressure from all brake
cylinders; regardless of the charge status of the brake pipe.
    Note 3 is new.
    Note 4 is old Note 3 revised.
    Note 6 is old Note 7 revised.
    Note 7 is new (pneumatic backup functionality when brake
cylinder release valve has been activated)
    Section <IP_ADDRESS>.1.1 Recovering from a Missed EOT Beacon Fault: A
sentence has been added requiring re-initialization of the train if
the EOT beacon is lost for more than 15 seconds while in RUN mode.
    Section 4.4.16 Recovery from Emergency, Fault-Induced, or
Penalty Brake Applications: When recovering from an emergency brake
application, the operator will position the brake lever to 100%
brake application to release the interlock.
    Section 6.0 Approval Procedure: This detailed section has been
replaced with a cross reference to AAR Standard S-4240 (adopted
January 16, 2007, Circular Letter c-10454).

    After a period for comment by AAR members, AAR also issued
revisions to its S-4210 standard. See AAR Circular Letter C-10650; AAR
Standard S-4210 (2007). While the standard was apparently implemented
in November 2007, its accompanying AAR Circular Letter C-10650 was
issued on December 6, 2007. AAR Circular Letter C-10650 summarized the
changes to the S-4210 standard as follows:

    Section 3.1 General Characteristics: The overall outside
dimension of the cable was changed from 0.70 inch minimum/0.75 inch
maximum to 0.675 inch minimum/0.725 inch maximum.
    Section 6.0 CONNECTOR ASSEMBLIES: This revised section covers
the intercar connector, cable, strength member (lanyard), and car
body junction box plug connector.
    Section 7.0 INTERCAR CONNECTOR PERFORMANCE AND TESTING
DESCRIPTIONS: This section has been significantly expanded.
    Section 8.0 This is a new section with a TESTING SEQUENCE:
    Section 9.0 CAR BODY CONNECTIONS: The car body connector
mounting envelope has been clarified and expanded with a figure
added. Figures for the various end air hose mounting arrangements
and brackets have been added. The length of the entire connector
assembly would be revised to 36 inches + or - 1 inch for
conventional cars versus 40 inches now.

    AAR has also proposed a new standard S-4270 to address ECP brake
system configuration management plans. According to AAR Circular Letter
C-10750, this specification describes how the industry will control and
track hardware and software changes to the ECP equipped interchange car
fleet. AAR is currently seeking comment on proposed standard S-4270.
    To ensure that the final rule in this proceeding does not rely on
outdated information or technical standards, FRA is proposing to
replace the NPRM's references to S-4200 and S-4210 with the
aforementioned updated versions of those standards. Parties may be
reluctant to adopt technology whose standards may be soon outdated or
obsolete. Thus, implementation of a final rule relying on outdated
standards or procedures may further delay the proliferation,
implementation, and use of ECP brake systems.
    For these same reasons, FRA also seeks comments on the proposed
draft standard S-4270. In the NPRM, FRA proposed the incorporation by
reference of standard S-4270 if the standard was adopted by AAR prior
to the date necessary for its inclusion in the final rule. However, FRA
will not include S-4270 in the final rule if substantial changes are
made from the current draft or AAR's adoption of S-4270 is not complete
in the near future.
    Accordingly, FRA is hereby reopening and extending the comment
period in this proceeding for an additional 15 days from the date of
this notice. During this additional comment period, FRA is seeking
comments solely on the updated versions of S-4200 and S-4210 and the
new standard S-4270, subject to the caveats explained above. FRA will
not consider comments relating to any issues outside of this narrow
scope. FRA has placed the revised and new standards and their
concomitant circular letters referenced herein in the public docket to
this proceeding.

Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 14, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-8432 Filed 4-17-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 52974-52975]
[DOCID:fr12se08-46]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 12569-001]

Public Utility District No. 1 of Okanogan County; Notice of
Application Tendered for Filing With the Commission

September 5, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License.
    b. Project No.: P-12569-001.

    c. Date filed: August 22, 2008.
    d. Applicant: Public Utility District No. 1 of Okanogan County.
    e. Name of Project: Enloe Hydroelectric Project.
    f. Location: On the Similkameen River, near the Town of Oroville,
Okanogan County, Washington. The project occupies about 35.47 acres of
federal lands under the jurisdiction of the U.S. Bureau of Land
Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: John R. Grubich, General Manager, Public
Utility District No. 1 of Okanogan County, P.O. Box 912, Okanogan,
Washington 98840,<PHONE_NUMBER>.
    i. FERC Contact:

Dianne Rodman, 888 First Street, NE., Room 6B-02, Washington, DC 20426,
(202) 502-6077<EMAIL_ADDRESS>Kim A. Nguyen, 888 First Street, NE., Room 63-11, Washington, DC 20426,
(202) 502-6105<EMAIL_ADDRESS>
    j. Cooperating agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments described in
item l below. Cooperating agencies should note the Commission's policy
that agencies that cooperate in the preparation of the environmental
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. The application is not ready for environmental analysis at this
time.
    l. Deadline for requesting cooperating agency status is October 21,
2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    m. The Enloe Project would consist of: (1) An existing 315-foot-
long and 54-foot-high concrete gravity arch dam with an integrated 276-
foot-long central overflow spillway with 5-foot-high flashboards; (2)
an existing 76.6-acre reservoir (narrow channel of the Similkameen
River) with a storage capacity of 775 acre-feet at 1049.3 feet mean sea
level; (3) an 190-foot-long intake canal on the east abutment of the
dam diverting flows into the penstock intake structure; (4) a 35-foot-
long by 30-foot-wide penstock intake structure; (5) two above-ground
8.5-foot-diameter steel penstocks carrying flows from the intake to the
powerhouse; (6) a powerhouse containing two vertical Kaplan turbine/
generator units with a total installed capacity of 9.0 megawatts; (7) a
180-foot-long tailrace channel that would convey flows from the
powerhouse to the Similkameen River, downstream of the Similkameen
Falls; (8) a new substation adjacent to the powerhouse; (9) a new 100-
foot-long, 13.2-kilovolt primary transmission line from the substation
connecting to an existing distribution line; (10) new and upgraded
access roads, and (11) appurtenant facilities.
    The project is estimated to generate an average of 54 gigawatthours
annually.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    o. With this notice, we are initiating consultation with the
Washington State Historic Preservation Officer, as required by section
106, National Historic Preservation Act, and the regulations of the
Advisory Council on Historic Preservation, 36 CFR 800.4.
    p. Procedural schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
will be made as appropriate.

Issue Deficiency Letter, if needed...........  September 2008.
Issue Acceptance letter......................  January 2009.
Issue Scoping Document 1.....................  February 2009.
Issue Scoping Document 2.....................  May 2009.
Notice that application is ready for           May 2009.
 environmental analysis.
Notice of availability of the draft            October 2009.
 Environmental Assessment.
Notice of availability of the final            March 2010.
 Environmental Assessment.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-21153 Filed 9-11-08; 8:45 am]

BILLING CODE 6717-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                    for the
                     California State Implementation Plan

                 Placer County Air Pollution Control District
                         Ozone Emergency Episode Plan

                          Prepared by: Vanessa Graham
                         Reviewed by: Andrew Steckel

                                 October 2015

RULE IDENTIFICATION -
Agency
Placer County Air Pollution Control District (PCAPCD)

SIP Approved Plan
None

Subject of this TSD
Ozone Emergency Episode Plan
Adopted  -  June 11, 2015
Submitted  -  July, 15, 2015

Completeness Finding
Determination of Completeness letter: August 11, 2015

BACKGROUND  -  Section 110(a)(1) and 110(a)(2) of Clean Air Act (CAA) require each state to develop and submit to the EPA a plan that provides for the implementation, maintenance, and enforcement of the national ambient air quality standards (NAAQS).   Section 110(a)(1) also requires that each state make a new State Implementation Plan (SIP) submission within 3 years after the promulgation of a new or revised primary or secondary NAAQS, for approval into the existing SIP to assure that the SIP meets the applicable requirements for the new or revised NAAQS.  This type of SIP submission is commonly referred to as an "infrastructure SIP".

To facilitate planning efforts, the state of California is divided into air quality regions (AQCR).  Each AQCR is assigned Priority I, II or III with respect to emergency episode classification, based on threshold levels specified in the Code of Federal Regulations (CFR) at 40 CFR Part 51, Subpart H.  Priority I and II areas have specific emergency episode plan requirements designed to prevent ambient concentrations from reaching specified significant harm levels (SHL). Priority III areas have no emergency plan requirements.

SUMMARY  -  AQCRs with ozone concentrations greater than 0.10 ppm must be classified Priority I.  Review of PCAPCD 2011-2013 air quality data revealed that Placer County exceeded the 0.10 threshold on numerous occasions and recorded high one-hour ambient levels of 0.111 ppm.  Therefore, Placer is required to prepare an ozone emergency episode plan for a Priority I classification.   PCAPCD'S Ozone Emergency Plan, adopted on June 11, 2015, and submitted on July 15, 2015, was developed to fulfill the Infrastructure SIP emergency episode requirements as outlined in 40 CFR Part 51, Subpart H.

Each Priority I contingency plan must at a minimum:

   1. Specify two or more stages of episode criteria;
   2. Provide for public announcement whenever any episode stage has been determined to exist;
   3. Specify adequate emission control actions to be taken at each episode stage;
   4. Provide for prompt acquisition of forecasts of atmospheric stagnation conditions and forecast updates as frequently as they are issued by the National Weather Service;
   5. Provide for inspection of sources to ascertain compliance with applicable control action requirements;
   6. Provide communication procedures for transmitting status reports and orders as to emission control action to be taken during an episode stage, including contact with public officials, major emission sources, public health, safety, and emergency agencies and news media.

EVALUATION AND ACTION  -  EPA previously approved an analogous contingency plan for the Sacramento Metro Air Quality Management District (SMAQMD).  The Placer Ozone Emergency Plan was largely modelled on SMAQMD's Rule 701  -  Emergency Episode Plan.  The Placer plan was tailored to meet the specific ozone emissions generated within Placer County.   Our evaluation of the Placer County Ozone Emergency Episode Plan finds the plan to be sufficiently clear and enforceable consistent with the general SIP enforceability requirement of CAA Section 110(a)(2).   This plan is specifically intended to address CAA Section 110(a)(2)(G) requirements for an emergency episode plan or rule which is summarized in the list of six items above and described in greater detail in 40 CFR part 51, subpart H (40 CFR 51.150 through 153).  These requirements are fulfilled by elements in pages seven thru eleven of the plan. There were no deficiencies found, and the addition of the Ozone Emergency Episode Plan strengthens the SIP.  Nothing in the PCAPCD plan, or EPA's approval of this plan, interferes with EPA's independent federal authority in CAA Section 303.

EPA RECOMMENDED ACTIONS  -  EPA staff recommends full approval of the plan as adopted on June 11, 2015 and submitted on July 15, 2015.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION  -  EPA staff have no additional recommendations.

REFERENCES

   1. California Infrastructure SIP prepared by ARB; Report Release December 23, 2013.
   2. California Infrastructure SIP Emergency Episode Planning Technical Support Document September 2014; prepared by USEPA, Region 9.
   3. 40 CFR Part 51, Subpart H - Prevention of Air Pollution Emergency Episodes.
   4. USEPA Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), Stephen D. Page (EPA),  September 13, 2013.
   5. 65 FR 53602, September 5, 2000 (EPA approval of SMAQMD Rule 701).


[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22397]
[FR Doc No: 2010-9792]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

April 19, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-467-001.
    Applicants: Dauphin Island Gathering Partners.
    Description: Dauphin Island Gathering Partners submits the
Substitute Ninth Revised Sheet No. 7 et al. to FERC Gas Tariff,
Original Volume No. 1.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0208.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP09-566-001.
    Applicants: Cheyenne Plains Gas Pipeline Company LLC.
    Description: Cheyenne Plains Gas Pipeline Company, LLC submits
Second Revised Sheet 308 et al. to FERC Gas Tariff, Original Volume 1.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0209.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-21-004.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits
Substitute Second Revised Sheet 2 et al. to FERC Gas Tariff, Fourth
Revised Volume 1, to be effective 4/1/10.
    Filed Date: 04/15/2010.
    Accession Number: 20100416-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-423-001.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company submits Sub Twentieth
Revised Sheet 7 et al. to its FERC Gas Tariff, Fourth Revised Volume 1.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0210.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests 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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-9792 Filed 4-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68414]
[DOCID:fr10no05-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-75-000]

Algonquin Gas Transmission, LLC; Notice of Proposed Changes in
FERC Gas Tariff

November 4, 2005.
    Take notice that on November 2, 2005, Algonquin Gas Transmission,
LLC (Algonquin) tendered for filing as part of its FERC Gas Tariff,
Fifth Revised Volume No. 1, the tariff sheets listed on Appendix A to
the filing, to become effective December 2, 2005.
    Algonquin states that copies of its filing have been served upon
all affected customers of Algonquin and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6235 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7040-7041]
[DOCID:fr10fe06-68]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-EPA-HQ-OPP-2006-0068; FRL-7760-8]

Full Tribal Pesticide Program Council (TPPC) Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Tribal Pesticide Program Council (TPPC) will hold a 2 and
1/2-day meeting, beginning on March 8 and ending on March 10, 2006.
This notice announces the location and times for the meeting, and sets
forth the tentative agenda topics. One Tribal Caucus scheduled each
day.

DATES: The meeting will be held on March 8-9, 2006 from 9 a.m. to 5
p.m. and a half day training for Tribes on March 10, 2006.

ADDRESSES: The meeting will be held at Doubletree Hotel (Crystal City),
300 Army Navy Drive, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External
Affairs Division (7506C), 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>or Lillian Wilmore, TPPC
Facilitator, P.O. Box 470829 Brookline Village, MA 02447-0829;
telephone number:<PHONE_NUMBER>; fax<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 may be
potentially affected by this action if you are interested in TPPC's
information exchange relationship with EPA regarding important issues
related to

human health, environmental exposure to pesticides, and insight into
EPA's decision-making process. All parties are invited and encouraged
to attend the meetings and participate as appropriate. Potentially
affected entities may include, but are not limited to those persons who
are or may be required to conduct testing of chemical substances under
the Federal Food, Drug, and Cosmetic Act (FFDCA), or the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult either person listed under FOR FURTHER
INFORMATION CONTACT. Potentially affected entities may include, but are
not limited to:
     This action is directed to the public in general, and may
be of particular interest to those persons who are or may be required
to conduct testing of chemical substances under the Federal Food, Drug
and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
Docket identification number (ID) [OPP-EPA-HQ-2006-0068; FRL-7760-8].
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Public Information

and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.

    EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25,2005, by an enhanced Federal-wide electronic
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

II. Tentative Agenda.

    1. TPPC State of the Council Report.
    2. Update re Section 2ee Finding Section 18s and 24c Pilot Solution
for Tribes.
    3. Tribal Caucus of the National Tribal Operations Committee.
    4. Reports from: State FIFRA Issues Research Evaluation Group
(SFIREG) FOSTTA, and Community Education Ideas.
    5. OPP Tribal Strategy.
    6. TPPC Strategic Planning Report and Discussion - Question on How
to Incorporate Pollution Prevention into all Strategic Planning.
    7. OECA Report on the National Tribal Compliance Assistance
Priority.
    8. Tribal Caucus (Closed to the Public and to EPA).
    9. Presentation - Questions and Answers by Deputy Director EPA
Office of Pesticide Programs.
    10. Biopesticides.
    11. Certification & Training in Indian Country Discussion.
    12. Reports from EPA Regions.
    13. Producer Establishment Inspections.
    14. Report on Tribal Special Project Awards and the New Year
Special Projects Solicitation.
    15. Lifeline, Native American Graves Protection and Repatriation
Act (NAGPRA), First Nations of Canada
    16. Performance Measures.
    17. Presentation on the National Museum of the American Indian/
Smithsonian.
    18. A half day training (Tribes only).

List of Subjects

    Environmental protection.

    Dated: February 2, 2006.
William R. Diamond,
Director, Field External Affairs Division, Office of Pesticide Programs
[FR Doc. E6-1848 Filed 2-9-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Rules and Regulations]
[Page 23445]
[FR Doc No: 2015-09788]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0351]

Drawbridge Operation Regulation; Lewis and Clark River, Astoria,
OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Oregon State (Lewis and Clark
River) highway Bridge across the Lewis and Clark River, mile 1.0, at
Astoria, OR. The deviation is necessary to accommodate bridge
maintenance activities on the bridge. This deviation allows the bridge
to remain in the closed-to-navigation position and need not open to
maritime traffic.

DATES: This deviation is effective from 7 a.m. on May 11, 2015 to 5
p.m. on August 30, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0351] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Steven M. Fischer, Thirteenth Coast
Guard District Bridge Program Administrator, telephone<PHONE_NUMBER>,
email d13-pf-d13bridgesuscg.mil. If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Oregon Department of Transportation
(ODOT) has requested that the Lewis and Clark River Bridge, mile 1.0,
remain in the closed-to-navigation position, and need not open to
vessel traffic Monday through Friday expect on Mondays from 7 a.m. to 4
p.m. when given 3 hours advanced notice. The deviation is necessary to
facilitate bridge maintenance activities to include repairing and
preserving the bascule drawbridge structural steel. The Lewis and Clark
Bridge provides a vertical clearance of 17.3 feet above mean high water
when in the closed-to-navigation position. The normal operating
schedule of the Oregon State highway bridge can be found in 33 CFR
117.899(c). This deviation period is from 7 a.m. on May 11, 2015 to 5
p.m. on August 30, 2015. The deviation allows the bascule span of the
Lewis and Clark Bridge to remain in the closed-to-navigation position
Monday through Friday except to open the span(s) on Mondays from 7 a.m.
to 4 p.m. with a three-hour advance notice. The bridge will operate as
normal on Saturday and Sunday. Waterway usage on the Lewis and Clark
River is primarily small recreational boaters and fishing vessels
transiting to and from Fred Wahl Marine Construction Inc.
    The bascule spans of the bridge will have a containment system
installed which will reduce the vertical clearance navigation clearance
by 5 feet from 17.3 feet above mean high water to 12.3 feet above mean
high water. Vessels able to pass through the bridge in the closed
positions may do so at anytime. The bridge will be able to open for
emergencies if a three-hour notice is given from 7 a.m. to 5 p.m.
Monday through Friday; on Saturdays and Sundays the bridge will be able
to open in accordance with 33 CFR 117.899(c), and there is no immediate
alternate route for vessels to pass. The Coast Guard will also inform
the users of the waterways through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessels can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 21, 2015.
 Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-09788 Filed 4-27-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36569-36570]
[FR Doc No: 2014-15228]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 Medient Studios, Inc., TISO; Order of Suspension of Trading

June 25, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Medient

Studios, Inc. (``Medient''), because of questions regarding the
accuracy and adequacy of publicly available information about the
company, including, among other things, its total shares outstanding
and its operations. Medient's stock is quoted on OTC Link, operated by
OTC Markets Group, Inc., under the ticker: MDNT.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
June 25, 2014, through 11:59 p.m. EDT on July 9, 2014.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-15228 Filed 6-25-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Proposed Rules]
[Page 38353-38356]
[DOCID:fr07jy08-16]

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

40 CFR Part 52

[EPA-R05-OAR-2007-1044; FRL-8688-4]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois and Indiana; Finding of Attainment for 1-Hour Ozone for the
Chicago-Gary-Lake County, IL-IN Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On January 30, 2007, the Illinois Environmental Protection
Agency (IEPA) requested that EPA find that the Chicago ozone
nonattainment area, located within the Chicago-Gary-Lake County,
Illinois-Indiana (IL-IN) area, has attained the revoked 1-hour ozone
National Ambient Air Quality Standard (NAAQS). On October 25, 2007, the
Indiana Department of Environmental Management (IDEM) requested that
EPA find that Lake and Porter Counties, also within the Chicago-Gary-
Lake County, IL-IN area, have attained the revoked 1-hour ozone NAAQS.
After review of these submissions, EPA is proposing to make such
findings.

DATES: Comments must be received on or before August 6, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1044, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-1044. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://

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 material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Gilberto Alvarez,
Environmental Scientist, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Is the Background for These Actions?
II. What Is the Impact of a December 22, 2006 United States Court of
Appeals Decision Regarding EPA's 8-Hour Phase 1 Ozone Implementation
Rule on This Proposed Rule?
III. Attainment Finding
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. What Is the Background for These Actions?

    Under section 107(d)(1)(C) of the Clean Air Act (CAA), the Chicago-
Gary-Lake County, IL-IN area was designated nonattainment for the 1-
hour ozone NAAQS by operation of law upon enactment of the 1990 CAA
amendments. Under section 181(a) of the CAA, each ozone area designated
nonattainment under section 107(d) was also classified by operation of
law as ``marginal,'' ``moderate,'' ``serious,'' ``severe-15,''
``severe-17'', or ``extreme,'' depending on the severity of the area's
air quality problem and the number of years to reach attainment from
the 1990 CAA amendments. These nonattainment designations and
classifications were codified in title 40 of the Code of Federal
Regulations (CFR) part 81 (see 56 FR 56994, November 6, 1991).
    The ozone design value for an area, which characterizes the
severity of the air quality problem, is represented by the highest
ozone design value at any of the individual ozone monitoring sites in
the area. Table 1 in section 181(a) of the CAA provides the design
value ranges for each nonattainment classification. Ozone nonattainment
areas with design values between 0.190 parts per million (ppm) and
0.280 ppm for the three-year period, 1987-1989, were classified as
severe-17. Because the Chicago-Gary-Lake County, IL-IN area's 1988
ozone design value fell between 0.190 and 0.280 ppm, this area was
classified as severe-17 nonattainment for the 1-hour ozone NAAQS. Under
section 182(c) of the CAA, states containing areas that were classified
as severe-17 nonattainment were required to submit State Implementation
Plans (SIPs) to provide for certain emission controls, to show progress
toward attainment, and to provide for attainment of the ozone NAAQS as
expeditiously as practicable, but no later than November 15, 2007.
    In 1997, EPA adopted a new 8-hour ozone NAAQS. The implementation
rule for the standard, referred to as the Phase 1 Implementation Rule,
was published on April 30, 2004 (69 FR 23951).

II. What Is the Impact of a December 22, 2006 United States Court of
Appeals Decision Regarding EPA's 8-Hour Phase 1 Ozone Implementation
Rule on This Proposed Rule?

    On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) vacated the Phase 1 Implementation Rule.
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the Court clarified that the Phase 1 Rule was vacated only
with regard to those parts of the rule that had been successfully
challenged. With respect to the challenges to the anti-backsliding
provisions of the rule, the Court vacated three provisions that would
have allowed States to remove from the SIP or to not adopt three 1-hour
obligations once the 1-hour ozone NAAQS was revoked to transition to
the implementation of the 8-hour ozone NAAQS: (1) Nonattainment area
new source review (NSR) requirements based on an area's 1-hour
nonattainment classification (a separate NSR policy is being
developed); (2) section 185 penalty fees for 1-hour severe or extreme
nonattainment areas that fail to attain the 1-hour ozone NAAQS by the
1-hour attainment date; and (3) measures to be implemented pursuant to
section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an
area not making reasonable further progress toward attainment of the 1-
hour ozone NAAQS or for failure to attain the 1-hour ozone NAAQS. The
Court clarified that 1-hour conformity determinations are not required
for anti-backsliding purposes.

III. Attainment Finding

    In 1991, the Chicago-Gary-Lake County, IL-IN area was classified as
severe-17 for the 1-hour ozone NAAQS. The Illinois portion of the area
consists of the following counties: Cook; Du Page; Grundy (part) [Aux
Stable Township and Goose Lake Township]; Kane; Kendall (part) [Oswego
Township]; Lake; McHenry; and Will. The Indiana portion of the area
consists of Lake and Porter Counties.
    An area is considered to have attained the 1-hour ozone NAAQS if
there are no violations of the standard, as determined in accordance
with the regulation codified at 40 CFR 50.9, based on three consecutive
calendar years of complete, quality-assured monitoring data. A
violation occurs when the ozone air quality monitoring data show
greater than one (1.0) average expected exceedance per year at any site
in the area. An exceedance occurs when the maximum hourly ozone
concentration during any day exceeds 0.124 ppm. The data should be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in the Air Quality System so that they are available to the
public for review.
    The finding of attainment for the Chicago-Gary-Lake County, IL-IN
area is based on an analysis of 1-hour ozone air quality data from
2004-2006. Table 1 below summarizes these data.

 Table 1.--1-Hour Ozone Expected Exceedances at Monitoring Sites in the Chicago-Gary-Lake County, IL-IN Area Including the Chiwaukee Prairie Monitoring
                                                                          Site
                                                                       [2004-2006]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of 2004  Number of 2005  Number of 2006    3-year avg.
              Site code                         County                     Site             exceedances     exceedances     exceedances     exceedances
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        ILLINOIS
--------------------------------------------------------------------------------------------------------------------------------------------------------
17-031-0001..........................  Cook....................  Alsip..................             0.0             1.0             0.0             0.3
17-031-0076..........................  Cook....................  Chicago-Com Ed.........             0.0             0.0             0.0             0.0
17-031-0072..........................  Cook....................  Chicago-Jardine........             0.0             0.0             0.0             0.0
17-031-0032..........................  Cook....................  Chicago-SWFP...........             0.0             1.0             0.0             0.3
17-031-1003..........................  Cook....................  Chicago-Taft...........             0.0             0.0             0.0             0.0
17-031-0064..........................  Cook....................  Chicago-University.....             0.0             0.0             0.0             0.0
17-031-4002..........................  Cook....................  Cicero.................             0.0             0.0             0.0             0.0
17-031-4007..........................  Cook....................  Des Plaines............             0.0             0.0             0.0             0.0
17-031-7002..........................  Cook....................  Evanston...............             0.0             0.0             0.0             0.0
17-031-1601..........................  Cook....................  Lemont.................             0.0             0.0             0.0             0.0
17-031-4201..........................  Cook....................  Northbrook.............             0.0             0.0             0.0             0.0
17-043-6001..........................  DuPage..................  Lisle..................             0.0             0.0             0.0             0.0
17-089-0005..........................  Kane....................  Elgin..................             0.0             0.0             0.0             0.0
17-097-1002..........................  Lake....................  Waukegan...............             0.0             0.0             0.0             0.0
17-097-1007..........................  Lake....................  Zion...................             0.0             0.0             0.0             0.0
17-111-0001..........................  McHenry.................  Cary...................             0.0             0.0             0.0             0.0
17-197-1011..........................  Will....................  Braidwood..............             0.0             0.0             0.0             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INDIANA
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-089-0022..........................  Lake....................  Gary...................             0.0             1.0             0.0             0.3
18-089-2008..........................  Lake....................  Hammond................             0.0             0.0             0.0             0.0
18-089-0030..........................  Lake....................  Whiting................             0.0             0.0             0.0             0.0
18-127-0024..........................  Porter..................  Ogden Dunes............             0.0             1.0             0.0             0.3
18-127-0026..........................  Porter..................  Valparaiso.............             0.0             0.0             0.0             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        WISCONSIN
--------------------------------------------------------------------------------------------------------------------------------------------------------
55-059-0019..........................  Kenosha.................  Chiwaukee Prairie......             0.0             0.0             0.0             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on ambient ozone season (April-October) 1-hour ozone air
quality data for the years 2004, 2005 and 2006, EPA proposes to find
that the Chicago-Gary-Lake County, IL-IN area attained the 1-hour ozone
NAAQS prior to its attainment deadline of November 15, 2007. Note that
the analysis of the Chicago-Gary-Lake County, IL-IN area also reflects
monitoring data from a monitoring site at the Chiwaukee Prairie site in
Wisconsin. Although this particular site is outside of the Chicago-
Gary-Lake County, IL-IN area, it is a critical site toward
demonstrating air quality impacts for the area because it is a primary
design value site for measuring peak ozone levels primarily produced by
ozone precursors emitted in the subject area. This site demonstrated
that the subject area attained of the 1-hour ozone NAAQS during the
2004-2006 period.

IV. What Action Is EPA Taking?

    EPA is proposing to determine that the Chicago-Gary-Lake County,
IL-IN area attained the 1-hour ozone NAAQS by its attainment date,
November 15, 2007. Under Section 181(b)(2) of the CAA, EPA must
determine whether ozone nonattainment areas have attained the ozone
NAAQS by their attainment date. This determination must be based on the
area's design value as of the attainment date.\1\
---------------------------------------------------------------------------

    \1\ EPA remains obligated under section 181(b)(2) to determine
whether an area attained the 1-hour ozone NAAQS by its attainment
date. However, after the revocation of the 1-hour ozone NAAQS, EPA
is no longer obligated to reclassify an area to a higher
classification for the 1-hour ozone NAAQS based upon a determination
that the area failed to attain the 1-hour ozone NAAQS by the area's
attainment date for the 1-hour ozone NAAQS. (40 CFR
51.905(e)(2)(i)(B)). Thus, even if we make a finding that an area
has failed to attain the 1-hour ozone NAAQS by its attainment date,
the area would not be reclassified to a higher classification.
---------------------------------------------------------------------------

    Because the area has attained the 1-hour ozone NAAQS by the
applicable attainment date, it is not subject to the requirement to
implement contingency measures for failure to attain the standard by
its attainment date. Since the area has met its attainment deadline,
even if the area subsequently lapses into nonattainment, it would not
be required to implement the contingency measures for failure to attain
the standard by its attainment date.
    If a severe or extreme 1-hour ozone nonattainment area attains by
its attainment date, it is not required to implement the section 185
penalty fees program. Section 185(a) of the CAA states that a severe or
extreme ozone nonattainment must implement a program to impose fees on
certain stationary sources of air pollution if the area ``has failed to
attain the national primary ambient air quality standard for ozone by
the applicable attainment date.'' Consequently, if such an area has
attained the standard as of its applicable attainment date, even if it
subsequently lapses into nonattainment, the area would not be required
to implement the section 185 penalty fees program. Because EPA is
proposing to find that the area has attained the 1-hour ozone NAAQS by
its applicable attainment date, we also propose to find that the area
is not subject to the imposition of the section 185 penalty fees.
    Please note that Indiana has made a request for a clean data
finding.\2\ The

action we are proposing today, however, is a determination of
attainment, which differs from a clean data finding. A clean data
finding results in the suspension of planning requirements for ozone,
such as attainment demonstrations and rate-of-progress plans. Indiana
has already complied with such requirements for the 1-hour ozone NAAQS
in Lake and Porter counties and EPA approved them on July 18, 1997 (62
FR 38457), January 16, 2000 (65 FR 4126), and November 13, 2001 (66 FR
56944). Therefore, EPA is not making a clean data finding in this
proposed rule because the 1-hour ozone NAAQS was revoked for this
nonattainment area effective June 15, 2005. See 40 CFR 81.315.
---------------------------------------------------------------------------

    \2\ See U.S. EPA Memorandum from John Seitz, ``Reasonable
Further Progress, Attainment Demonstration, and Related Requirements
for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air
Quality Standard'' (May 10, 1995).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.

    Dated: June 26, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E8-15331 Filed 7-3-08; 8:45 am]

BILLING CODE 6560-50-P