[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36072-36075]
[DOCID:fr25jn08-72]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0698; FRL-8352-3]

Hazard Education Before Renovation of Target Housing; State of
Colorado Authorization Application

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; request for comments and opportunity for public
hearing.

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SUMMARY:  On June 29, 2007, EPA received an application from the State
of Colorado requesting authorization to administer a program in
accordance with section 406(b) of the Toxic Substances Control Act
(TSCA). This program ensures that owners and occupants of target
housing are provided information concerning potential hazards of lead-
based paint (LBP) exposure before certain renovations are begun on that
housing. In addition to providing general information on the health
hazards associated with exposure to lead, the lead hazard information
pamphlet advises owners and occupants to take appropriate precautions
to avoid exposure to lead-contaminated dust and LBP debris that are
sometimes generated during renovations. EPA believes that distribution
of the pamphlet will help to reduce the exposures that cause serious
lead poisonings, especially in children under age 6, who are
particularly susceptible to the hazards of lead.

DATES:  Comments must be received on or before August 11, 2008. In
addition, a public hearing request may be submitted on or before July
2, 2008.

ADDRESSES:  Submit all written comments and/or requests for a public
hearing identified by docket identification (ID) number EPA-HQ-OPPT-
2007-0698, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID number EPA-HQ-OPPT-2007-0698. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries

are only accepted during the DCO's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
     Instructions: Direct your comments to Docket ID number
EPA-HQ-OPPT-2007-0689. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov, website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of the 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: http://www.epa.gov/
epahome/dockets.htm.
     Docket: All documents in the docket are listed in the
docket index available in regulations.gov. To access the electronic
docket, go to http://www.regulations.gov, select ``Advanced Search,''
then ``Docket Search.'' Insert the docket ID number where indicated and
select the ``Submit'' button. Follow the instructions on the
regulations.gov website to view the docket index or access available
documents. 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 electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301, Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT:  Amanda Hasty, Pollution Prevention,
Pesticides and Toxics Program (P3T), U.S. EPA, Region 8, 1595 Wynkoop
St., Denver, CO 80202-1129; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may potentially be affected by this action if you perform
renovations of target housing for compensation in the State of
Colorado. Target housing is defined in the Code of Federal Regulations
(see 40 CFR 745.103) as any housing constructed prior to 1978.
Potentially affected entities may include, but are not limited to:
     Renovators (North American Industrial Classification
System (NAICS) codes 236116, 236118), e.g., general building
contractors/operative builders, renovation firms, individual
contractors, and special trade contractors like carpenters, painters,
drywall workers and lathers, ``home improvement'' contractors.
     Multi-family housing owners/managers (NAICS codes 531311,
531110), e.g., property management firms and some landlords.
    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 NAICS codes have been provided to assist you and others
in determining whether this action might apply to certain entities. To
determine whether you or your business may be affected by this action,
you should carefully examine the applicability provisions in 40 CFR
745.82. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the CD ROM or disk
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    - Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    - Follow directions. EPA may ask you to respond to specific
questions or organize comments by referencing a CFR part or section
number.
    - Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    - Describe any assumptions and provide any technical information
and/or data that you used.
    - If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    - Provide specific examples to illustrate your concerns and suggest
alternatives.
    - Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    - Make sure to submit your comments by the comment period deadline
identified.

II. Background

A. What Action is the Agency Taking?

    The State of Colorado has provided a self-certification letter
stating that its pre-renovation notification program meets the
requirements for authorization of a state program under section 404 of
TSCA and has requested approval of the Colorado pre-renovation
notification program. Therefore, pursuant to section 404 of TSCA, the

program is deemed authorized as of the date of submission, June 29,
2007. If EPA subsequently finds that the program does not meet all the
requirements for approval of a state program, EPA will work with the
state to correct any deficiencies in order to approve the program. If
the deficiencies are not corrected, a notice of disapproval will be
issued in the Federal Register and a Federal program will be
implemented in the state.
    Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), EPA
provides notice and an opportunity for a public hearing on a state or
tribal program application before approving the application. Therefore,
by this notice EPA is soliciting public comment on whether the state of
Colorado application meets the requirements for EPA approval. This
notice also provides an opportunity to request a public hearing on the
application. If a hearing is requested and granted, EPA will issue a
Federal Register notice announcing the date, time, and place of the
hearing. EPA's final decision on the application will be published in
the Federal Register.

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

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), titled Lead Exposure Reduction.
    Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to
promulgate final regulations governing Lead-Based Paint (LBP)
activities in target housing, public and commercial buildings, bridges
and other structures. Those regulations are to ensure that individuals
engaged in such activities are properly trained, that training programs
are accredited, and that individuals engaged in these activities are
certified and follow documented work practice standards. Under section
404 of TSCA (15 U.S.C. 2684), a state may seek authorization from EPA
to administer and enforce its own lead-based paint activities program.
    In the Federal Register of August 29, 1996 (61 FR 45777) (FRL-5389-
9), EPA promulgated final TSCA section 402/404 regulations governing
LBP activities in target housing and child-occupied facilities (a
subset of public buildings). Those regulations are codified at 40 CFR
part 745, and allow both states and Indian tribes to apply for program
authorization. Pursuant to section 404(h) of TSCA (15 U.S.C. 2684(h)),
EPA was authorized to establish the Federal program in any state or
tribal nation without its own authorized program in place by August 31,
1998.
    States and tribes that choose to apply for program authorization
must submit a complete application to the appropriate regional EPA
office for review. Those applications will be reviewed by EPA within
180 days of receipt of the complete application. To receive EPA
approval, a state or tribe must demonstrate that its program is at
least as protective of human health and the environment as the Federal
program, and provides for adequate enforcement (section 404(b) of TSCA,
15 U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q)
provide the detailed requirements a state or tribal program must meet
in order to obtain EPA approval.
    A state may choose to certify that its lead-based paint activities
program (40 CFR part 745, subpart L) and/or pre-renovation notification
program (40 CFR part 745, subpart E) meets the requirements for EPA
approval, by submitting a letter signed by the Governor or Attorney
General stating that the program meets the requirements of section
404(b) of TSCA. Upon submission of such certification letter, the
program is deemed authorized (15 U.S.C. 2684(a)). This authorization
becomes ineffective, however, if EPA disapproves the application or
withdraws the program authorization.

III. State Program Description Summary

    The following is a program description summary provided by the
State of Colorado.
5.1.1
    Pursuant to Colorado Revised Statute, section 25-7-1104(2), the
Division may delegate the implementation or enforcement of standards
under Title 25, Part 11, C.R.S., to local health or building
departments, as appropriate, if requested by such a local department.
If the Division approves such a delegation to a local health or
building department, the Division shall be the primary agency
responsible for overseeing and coordinating administration and
enforcement of the program and Mr. Steven D. Fine shall serve as the
primary contact with EPA (40 CFR 745.324(b)(1)(ii)).
5.1.2
    At this time, there is no delegation to any local health or
building department; therefore, the Division has not developed a
description of the functions to be performed by each agency. If the
Division ever performs such a delegation, it will submit to EPA the
required information as detailed in 40 CFR 745.324(b)(1)(iii).
5.2
    Information necessary to demonstrate that the proposed regulation
No. 19 is at least as protective as the Federal Program (40 CFR
745.324(b)(2)).
5.2.1
    Description demonstrating program contains all elements specified
in 40 CFR 745.326.
<IP_ADDRESS>
    Procedures and requirements for the distribution of lead hazard
information to owners and occupants of target housing before
renovations for compensation (40 CFR 745.325(a)(1)).
    Regulation No. 19, Part B, includes standards and procedures for
the distribution of lead hazard information to owners and occupants of
target housing before renovations for compensation. These standards and
procedures include:
    - Clear standards for identifying home improvement activities that
trigger the pamphlet distribution requirements at Regulation No. 19,
Part B, Section I, Scope and Applicability and Section II.E. (40 CFR
745.326(b)(1)).
    - Procedures for distributing the lead hazard information to owners
and occupants of the housing prior to renovation activities
requirements at Regulation No. 19, Part B, Section III., Information
Distribution Requirements (40 CFR 745.326(b)(2)).
<IP_ADDRESS>
    An approved lead hazard information pamphlet meeting the
requirements of section 406 of TSCA, as determined by EPA (40 CFR
745.325(a)(2)). For distribution of a lead hazard information pamphlet,
Regulation No. 19, Part B, has a definition of pamphlet, like the EPA
definition of pamphlet, which requires either:
    - The lead hazard information pamphlet developed by EPA under
section 406(a) of TSCA, titled Protect Your Family from Lead in Your
Home at Regulation Number 19, Part B, Section II.D. (40 CFR
745.326(c)(1)); or
    - An alternate pamphlet or package of lead hazard information that
has been submitted by the State or Tribe, reviewed by EPA, and approved
by EPA for use in that State or Tribe. Such information must meet the
content requirements prescribed by section 406(a) of TSCA, and be in a
format that is readable to the diverse audience of housing owners and
occupants in that State or Tribe at Regulation No. 19, Sections II.D.
(40 CFR 745.326(c)(2)).
5.3
    Analysis of Regulation No. 19, Part B Compared to Federal Program
in 40 CFR part 745, subpart E.

    The following analysis demonstrates that the State of Colorado's
program is at least as protective as the elements of the Federal
program.
5.3.1
    Purpose of the proposed regulation. The purpose of the Pre-
Renovation Education in Target Housing Regulation Number 19, Part B, is
to reduce exposure to lead hazards that may result from renovation
activities conducted in ``target housing,'' including dwelling units
and common areas. Regulation Number 19, Part B, will not regulate
activities in public or commercial buildings. Regulation Number 19,
Part B, includes provisions to establish requirements for certain
persons who perform renovations of target housing for compensation to
provide a lead hazard information pamphlet to the owner and occupant of
such housing prior to commencing the renovation.
5.3.2
    Program elements. The Division has followed EPA's regulation at 40
CFR part 745 and the State Legislature's statutory requirements to
develop Regulation Number 19, Part B, to be both consistent with the
federal program and acceptable to EPA. Implementation of Regulation
Number 19, Part B, is an appropriate step to continuing to prevent
exposing children to lead hazards that may result from certain
renovation activities in ``target housing.'' The scope and
applicability of Regulation Number 19, Part B, (Section I., Scope and
Applicability) has the same meaning as the scope and applicability of
EPA's program (40 CFR 745.82).
    Regulation Number 19, Part B, includes or incorporates definitions
(Section II, Definitions) that are nearly identical to EPA's program
(40 CFR 745.83). This includes the clear requirement that the
information must meet the requirements of TSCA 406(a) or be approved by
EPA pursuant to 40 CFR 745.326.
    The information distribution requirements provided by Regulation
Number 19, Part B, (Section III., Information Distribution
Requirements) are nearly identical to EPA's (40 CFR 745.85). The
information distribution requirements of Regulation Number 19, Part B,
include renovations in dwelling units (section III.A.), renovation in
common areas (Section III.B.), and written acknowledgements (Section
III.C.) which correspond almost word for word to EPA requirements (40
CFR 745.85(a), (b) and (c)). Regulation No. 19, Part B, includes
recordkeeping requirements (Section IV., Recordkeeping Requirements)
designed to match those of the EPA (40 CFR 745.86).
    Also included in Regulation Number 19, Part B, is sample language
for acknowledgement and certification statements (Section V.,
Acknowledgement and Certification Statements). The sample language in
this section was designed to match the clear intent and have the same
meaning as EPA program's sample language (40 CFR 745.88).
5.3.3 Conclusion
    This analysis of substantive program elements demonstrates that
Colorado's Pre-Renovation Education in Target Housing Regulation Number
19, Part B, is at least as protective of human health and the
environment as the Federal regulations developed pursuant to TSCA
section 406.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
or Tribal program. Therefore, EPA reserves the right to exercise its
enforcement authority under TSCA against a violation of, or a failure
or refusal to comply with, any requirement of an authorized state or
tribal program.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action 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 this document in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation
notification, Reporting and recordkeeping requirements.

    Dated: May 27, 2008.
Robert E. Roberts,
Administrator, Region VIII.
[FR Doc. E8-14401 Filed 6-24-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56850-56851]
[FR Doc No: 2014-22552]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0101]

Notice of Buy America Waiver

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of Buy America waiver.

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SUMMARY: This Notice provides NHTSA's finding with respect to a request
from the Idaho Department of Transportation (IDOT) to waive the
requirements of Buy America for the purchase of Child Passenger Safety
(CPS) training dolls. NHTSA finds that a non-availability waiver of the
Buy America requirements is appropriate for the purchase of the CPS
training dolls using Federal highway safety grant funds because there
are no suitable products produced in the United States.

DATES: The effective date of this waiver is September 29, 2014. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: October 8, 2014.

ADDRESSES: Written comments may be submitted using any one of the
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to<PHONE_NUMBER>.
     Internet: To submit comments electronically, go to the
Federal regulations Web site at http://www.regulations.gov. Follow the
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver
must include the agency name and docket number. Please note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You
may also call the Docket at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara
Sauers, Office of Regional Operations and Program Delivery, NHTSA
(phone:<PHONE_NUMBER>). For legal issues, contact Andrew DiMarsico,
Office of Chief Counsel, NHTSA (phone:<PHONE_NUMBER>). You may send mail
to these officials at National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This Notice provides NHTSA's finding that a
waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate
for IDOT to purchase CPS training dolls using grant funds authorized
under 23 U.S.C. 402 (section 402) and 23 U.S.C. 405(b) (section 405) to
train safety professionals, police officers, fire and emergency medical
personnel, educators, and parents on the use of child restraints and
occupant protection. Section 402 funds are available for use by State
Highway Safety Programs to reduce traffic accidents and deaths,
injuries and property damage and to encourage the proper use of
occupant protection devices (including the use of safety belts and
child restraint systems) by occupants of motor vehicles. 23 U.S.C.
402(a). Section 405(b) funds are available for use by State Highway
Safety Programs to implement effective programs to reduce highway
deaths and injuries resulting from individuals riding unrestrained or
improperly restrained in motor vehicles that, among other things,
includes supporting resources and training in all aspects of the use of
child restraints. See 23 U.S.C. 405(b)(4)(A)(ii).
    Buy America provides that NHTSA ``shall not obligate any funds
authorized to be appropriated to carry out the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or [Title 23 U.S.C.] and
administered by the Department of Transportation, unless steel, iron,
and manufactured products used in such project are produced in the
United States.'' 23 U.S.C. 313. However, NHTSA may waive those
requirements if (1) their application would be inconsistent with the
public interest; (2) such materials and products are not produced in
the United States in sufficient and reasonably available quantities and
of a satisfactory quality; or (3) the inclusion of domestic material
will increase the cost of the overall project contract by more than 25
percent. 23 U.S.C. 313(b).
    IDOT seeks a waiver to purchase CPS training dolls because there
are no sufficient products produced domestically that meet the needs
identified by IDOT. IDOT aims to use the CPS training dolls to educate
caregivers and CPS technicians how to properly restrain infants and
children in child restraints and how to select the correct restraint
for each child based on the child's age, height, and weight, and/or
physical disability. Idaho notes that regular play dolls are inadequate
for the purpose of CPS training because such dolls do not accurately
replicate an infant's or child's physical build, such as, height,
weight, and structural proportions (e.g., an infant's head is 25% of
the infant's total body weight). In contrast, CPS training dolls are
designed to model the typical physique of a child at a certain age.
    Idaho seeks to purchase CPS training dolls from Huggable Images,
which offers for sale CPS training dolls that are manufactured in
China. This company provides CPS training dolls that simulate newborns
(including premature newborns), infants, toddlers and children of
varying heights and weights.
    However, IDOT is unable to identify other CPS training dolls
manufactured in the United States. IDOT states that it worked closely
with the Idaho Chapter of the American Academy of Pediatrics to
research the availability of CPS training dolls manufactured or
assembled in the United States. Its research included Internet
research, research through a supplier network, Thomasnet.com and an
email request to over 1400 child passenger safety professionals.
Despite Idaho's efforts, it was unable to find any American made CPS
training dolls. NHTSA conducted similar assessments and is not aware of
any CPS training dolls produced in the United States.\1\ Since these
items are unavailable from a domestic manufacturer, the Buy America
waiver is appropriate. NHTSA invites public comment on this conclusion.
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    \1\ One company, Nasco, offers one day old infant dolls that are
life-like to train expecting parents the basics of baby care. See
http://www.enasco.com/c/fcs/Child+DevelopmentFamily+Life/
Newborn+Baby+Dolls/. While these training dolls are anatomically
correct, they are not necessarily accurate for height and weight
that would be appropriate for CPS training.
---------------------------------------------------------------------------

    In light of the above discussion, and pursuant to 23 U.S.C.
313(b)(2), NHTSA finds that it is appropriate to grant a waiver from
the Buy America requirements to IDOT in order to purchase the CPS
training dolls. This waiver applies to Idaho and all other States
seeking to use section 402 and 405 funds to purchase these items for
the purposes mentioned herein. These waivers will continue through
fiscal year 2015 and will allow the purchase of these items as required
for IDOT and its training programs. Accordingly, this waiver will
expire at the conclusion of fiscal year 2015 (September 30, 2015). In
accordance with the provisions of Section 117 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy of Users
Technical

Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is
providing this Notice as its finding that a waiver of the Buy America
requirements is appropriate for the CPS training dolls. Written
comments on this finding may be submitted through any of the methods
---------------------------------------------------------------------------
discussed above.

    Authority:  23 U.S.C. 313; Public Law 110-161.
    Issued in Washington, DC, under authority delegated in 49 CFR part
1.95.

O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2014-22552 Filed 9-22-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68606-68607]
[DOCID:fr27no06-97]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting
Comments, Protests, and Motions To Intervene

November 16, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12709-000.
    c. Date filed: July 5, 2006.
    d. Applicant: United Power Corporation.
    e. Name and Location of Project: The Bryant Mountain Hydroelectric
Pumped Storage Project would use flows from the U.S. Bureau of
Reclamation's D and J Canals and would be built on federal lands
administered by the U.S. Bureau of Land Management in Klamath County,
Oregon.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant contact: Mr. Richard P. Schulze, 9590 Prototype Drive,
Suite 400, Reno, Nevada 89521,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: January 23, 2007.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12709-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Description of Existing Facilities and Proposed Project: The
proposed pumped storage project would consist of (1) an upper
reservoir, an enlargement of the existing Pope Reservoir, with a
surface area of 550 acres and a storage capacity of 60,000 acre-feet at
a water surface elevation of 5,500 feet msl, (2) a 4,000-foot-long,
310-foot-high earthen upper dam, (3) a 1,500-foot-long, 30-foot-
diameter concrete low pressure tunnel, (4) a 270-foot-deep, 30-foot-
diameter concrete surge shaft, (5) an 1,100-foot-long, 30-foot diameter
vertical concrete power shaft, (6) a 3,800-foot-long, 24-foot-diameter
concrete power tunnel, (7) a powerhouse containing four reversible
generating units with a total installed capacity of 1,175 megawatts,
(8) a lower reservoir with a surface area of 1,480 acres and a storage
capacity of 110,000 acre-feet at a water surface elevation of 4,220
feet msl, (9) a 21,500-foot-long, 135-foot-high earthen lower dam, (10)
a 4-mile-long, 500-kilovolt transmission line, and (11) appurtenant
facilities.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction 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, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-19927 Filed 11-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8642-8644]
[FR Doc No: 2013-02555]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68776; File No. SR-NYSEArca-2013-05]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule To Change the Monthly Cost for Option Trading
Permits

January 31, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 22, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule'') to change the monthly cost for Option Trading
Permits (``OTPs''). The text of the proposed rule change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, 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 self-regulatory organization
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 those 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 parts 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 amend its Fee Schedule to change the
monthly cost for OTPs. The Exchange proposes to make the change
operative on February 1, 2013.
    The Exchange requires that a Market Maker have an OTP in order to
operate on the Exchange. For electronic Market Making, a Market Maker
must have four OTPs in order to submit electronic quotations in every
class on the Exchange. These four Market Maker OTPs also permit the
firm to have at least one trader on the Floor of the Exchange as a
Floor-based open outcry Market Maker. However, the manner in which
those OTPs are assigned to individual traders may reduce the
permissible number of issues in which electronic quotes are assigned.
For instance, two associated Market Makers may assign OTP 1, 2, and 3
to trader A, while the fourth is assigned to trader B. Trader A may now
only stream quotes electronically in 750 issues, while trader B may
submit quotes electronically in 100 issues. To retain the appointment
in more than 750 issues, all four OTPs must be in the same name, and to
have an additional individual Market Maker on the Floor, a fifth OTP
must be acquired.
    To remain competitive in fixed fees among exchanges with trading
floors, the Exchange is proposing to reduce the cost of additional
Market Maker OTPs beyond the minimum of four that are required to
submit electronic quotations

in all issues listed on the Exchange. Accordingly, while the existing
fee of $4,000 per OTP per month would continue to apply to a Market
Maker firm that has between one and four Market Maker OTPs, the
Exchange proposes that the monthly OTP fee for Market Maker firms with
more than four OTPs be reduced from $2,000 per month to $1,000 per
month for each additional Market Maker OTP. As described above, each
additional Market Maker OTP would permit a Market Maker firm, which
already has the ability to make electronic markets in every class on
the Exchange, to have an additional trader on the Floor of the Exchange
as an open outcry Market Maker.
    The proposed changes are not otherwise intended to address any
other problem, and the Exchange is not aware of any significant problem
that the affected market participants would have in complying with the
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and Section 6(b)(4) of the
Act,\5\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
believes that the proposed rule change is reasonable because it will
result in cost savings for members with more than four Market Marker
OTPs. Lowering the cost for Market Maker firms to acquire additional
OTPs related to their Market Maker activity may allow them to price
their services at a level that will enable them to attract higher
levels of volume to the Exchange, which will enhance liquidity and
price discovery on the Exchange to the benefit of investors. The
Exchange believes that the proposal constitutes an equitable allocation
of fees, as all similarly situated member organizations will be subject
to the same reduced fee structure and access to the Exchange's market
is offered on fair and non-discriminatory terms. In addition, for the
reasons stated above, the proposed changes are not designed to permit
unfair discrimination between members because all members will be
charged the same fee amount for each additional Market Maker OTP beyond
the initial four OTPs.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting, its fees and credits to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed rule change reflects this
competitive environment.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will reduce each additional Market Maker OTP to $1,000 from $2,000,
resulting in a cost savings to members who already have more than four
Market Marker OTPs. In addition, the proposal will reduce a potential
cost-based barrier for firms that do not have more than four Market
Maker OTPs as their costs for any additional Market Maker OTPs will be
reduced by one-half. As a result, the Exchange does not believe that
the proposed rule change will place an unreasonable burden on current
or prospective members because fees for additional Market Maker OTPs
beyond four will be uniformly reduced across all members (current and
prospective) and apply in a non-discriminatory manner.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca.
---------------------------------------------------------------------------

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

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \8\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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_ADDRESS>Please include
File Number SR-NYSEArca-2013-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2013-05. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2013-05, and should
be

submitted on or before February 27, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02555 Filed 2-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3670-3671]
[FR Doc No: 2020-00962]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2894-013]

Flambeau Hydro, LLC; Notice of Meeting To Discuss the Black Brook
Hydroelectric Project No. 2894 Supporting Design Report

    a. Date and Time of Meeting: January 30, 2020 at 10 a.m. EST.
    b. Place: Teleconference at FERC Headquarters, 888 First St NE,
Washington, DC 20426.

    c. FERC Contact: Michael Davis; Phone Number:<PHONE_NUMBER> or email
at<EMAIL_ADDRESS>    d. Purpose of Meeting: The purpose of this meeting is to discuss
the Supporting Design Report (SDR) for the proposed relicensing of the
Black Brook Hydroelectric Project.
    e. Proposed Agenda:

(1) Discuss Expected Content of SDR
(2) Discuss Expected Timeline for SDR Submission
(3) Address Questions by Licensee

    f. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to participate by phone. Please call
Michael Davis at<PHONE_NUMBER> by January 28, 2020, to RSVP and to
receive specific instructions on how to participate.
    g. FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.

    Dated: January 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00962 Filed 1-21-20; 8:45 am]
 BILLING CODE 6717-01-P


From:	William Cutchin/DC/USEPA/US

To:	Laura Nollen/DC/USEPA/US@EPA

Cc:	Dan Rosenblatt/DC/USEPA/US@EPA, John Redden/DC/USEPA/US@EPA, Barbara Madden/DC/USEPA/US@EPA

Date:	03/25/2009 03:07 PM

Subject:	Re: Fw: Triflumizole and turnip, greens

Laura,

The appropriate tolerance for turnip green is 40.0 ppm based on the recommended tolerance for Brassica subgroup 5B.  The tolerance for turnip greens is supported by the existing mustard green data.  The tolerance has already been incorporated into the dietary portion of the last triflumizole risk assessment (D361311, W. Cutchin, 3/17/09).

	Bill C.

William D. Cutchin, Chemist

Risk Integration Minor Use & Emergency Response Br.

Environmental Protection Agency

PY-S7828

703-305-7990


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 33015]
[DOCID:fr09jy09-143]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-26]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before July 29, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0084 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for 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 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 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: Ralen Gao, Office of Rulemaking, 800
Independence Ave., SW., Room 810, Washington, DC 20591. This notice is
published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on July 6, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2009-0249
    Petitioner: Lider Signature S/A (Lider)
    Section of 14 CFR Affected: 14 CFR Sec.  145.103(b)
    Description of Relief Sought: The petitioner, a Brazilian company,
seeks relief to operate two fixed-wing hangars that are not fully
enclosed with doors.

[FR Doc. E9-16257 Filed 7-8-09; 8:45 am]

BILLING CODE 4910-13-P