[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Rules and Regulations]
[Page 34934-34936]
[DOCID:fr21jn10-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0478]
RIN 1625-AA00

Safety Zone; Fireworks for the Virginia Lake Festival, Buggs
Island Lake, Clarksville, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 700-foot radius safety zone
on the navigable waters of Buggs Island Lake in Clarksville, VA in
support of the Fireworks for the Virginia Lake Festival event. This
action is intended to restrict vessel traffic movement to protect
mariners and spectators from the hazards associated with aerial
fireworks displays.

DATES: This rule is effective from 9:30 p.m. to 10 p.m. on July 17,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0478 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0478 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 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 rule, call or e-mail LT Tiffany Duffy, Waterways Management
Division, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C.

553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because any delay encountered in this regulation's effective date
by publishing a NPRM would be contrary to public interest since
immediate action is needed to provide for the safety of life and
property on navigable waters. This safety zone should have a minimal
impact on transiting vessels because vessels will be limited from the
area for only one-half hour and vessels can still transit in the
majority of Buggs Island Lake during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment during the fireworks event, therefore, a
30-day notice is impracticable. Delaying the effective date would be
contrary to the safety zone's intended objectives of protecting persons
and vessels involved in the event, and enhancing public and maritime
safety.

Basis and Purpose

    On July 17, 2010, the Clarksville Lake Country Chamber of Commerce
will sponsor a fireworks display on the causeway of the Highway 58
Business Bridge over the navigable waters of Buggs Island Lake centered
on position 36[deg]38'02'' N/078[deg]32'32'' W (NAD 1983). Due to the
need to protect mariners and spectators from the hazards associated
with the fireworks display, such as the accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris, vessel traffic will be temporarily restricted within 700 feet
of the fireworks launch site.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable
waters of Buggs Island Lake within the area bounded by a 700-foot
radius circle centered on position 36[deg]38'02'' N/078[deg]32'32'' W
(NAD 1983). This safety zone will be established in the vicinity of
Clarksville, VA from 9:30 p.m. to 10 p.m. on July 17, 2010. In the
interest of public safety, general navigation within the safety zone
will be restricted during the specified date and times. Except for
participants and vessels authorized by the Coast Guard Captain of the
Port or his representative, no person or vessel may enter or remain in
the regulated area.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the specified portion of Buggs Island Lake from 9:30 p.m. to 10 p.m. on
July 17, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will be enforced for only one half-hour on July 17, 2010; (2)
Vessel traffic will be able to navigate safely around the zone without
significant impact to their transit plans; and (3) Before the effective
period begins, we will issue maritime advisories.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a safety zone around a
fireworks display. This zone is designed to protect mariners and
spectators from the hazards associated with aerial fireworks displays.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0478 to read as follows:

Sec.  165.T05-0478  Safety Zone; Fireworks for the Virginia Lake
Festival, Buggs Island Lake, Clarksville, VA

    (a) Regulated Area. The following area is a safety zone: Specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the navigable waters of Buggs Island Lake on the
causeway of the Highway 58 Business Bridge, within the area bounded by
a 700-foot radius circle centered on position 36[deg]38'02'' N/
078[deg]32'32'' W (NAD 1983).
    (b) Definition. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period. This regulation will be enforced from 9:30
p.m. to 10 p.m. on July 17, 2010.

    Dated: June 3, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-14852 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P


U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET OST-2003-14057

Aerovias Nacionales De Colombia S.A. (AVIANCA) for amended statement of
authorization to code-share with Delta Airlines Inc.

(filed February 28, 2005)

Approved under assigned authority (14 CFR § 385.13)

Date of Action:

March 16, 2005

_________________________________

Director, Office of International Aviation

This Notice amends the statement of authorization granted AVIANCA in the
above referenced Docket to permit AVIANCA, rather than ACES, to carry
Delta’s code between Miami and the Colombian coterminal points Cali,
Cartagena de Indias and Medellin.

Persons entitled to petition the Department for review of this action
under the Department’s regulations, 14 CFR § 385.30, should file
their petitions within seven days of the date of this action.  This
action is effective immediately, and the filing of a petition for review
will not alter its effectiveness.

We, may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

 The authority granted is subject to the conditions attached to the
Statement of Authorization previously granted AVIANCA in the above
referenced docket.  See Notice of Action Taken dated August 13, 2003, at
2.  See also Notice of Action Taken dated October 15, 2003.


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58902-58903]
[FR Doc No: 2021-23220]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-2-000]

Gas Transmission Northwest, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on October 4, 2021, Gas Transmission Northwest,
LLC (GTN), 700 Louisiana Street, Suite 1300, Houston, TX 77002-2700,
filed an application under section 7(c) of the Natural Gas Act (NGA),
and Part 157 of the Commission's regulations, requesting authorization
to construct and operate its GTN XPress Project (Project) located in
Kootenai County, Idaho, Walla Walla County, Washington, and Sherman
County, Oregon. The proposed project consists of modifications to its
existing No. 5 Athol, No. 7 Starbuck, and No. 10 Kent Compressor
Stations and installation of various appurtenant and auxiliary
facilities. The proposed Project would allow for open access firm
transportation service of 150,000 dekatherms per day (Dth/d) of
incremental capacity from GTN's Kingsgate Meter Station to its Malin
Meter Station, all as more fully set forth in the application, which is
on file with the Commission and open for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
David A. Alonzo, Manager, Project Authorizations, Gas Transmission
Northwest, LLC, 700 Louisiana Street, Suite 1300, Houston, Texas,
77002-2700, or by phone at<PHONE_NUMBER>, or by email at
[email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on November 9, 2021.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before November 9, 2021.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number (CP22-2-000) in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP22-2-000).
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    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
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First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
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    \3\ 18 CFR 385.102(d).
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    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is November 9, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. [For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene.] For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number (CP22-2-000) in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number
(CP22-2-000).
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    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: 700 Louisiana Street, Suite 1300, Houston, Texas 77002-
2700, or at [email protected]. Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
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    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
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Tracking The Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on November 9, 2021.

    Dated: October 19, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-23220 Filed 10-22-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Rules and Regulations]
[Pages 14736-14739]
[FR Doc No: 2016-06063]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-HQ-OAR-2016-0098; FRL-9943-90-OAR]

Findings of Failure To Submit State Implementation Plans Required
for Attainment of the 2010 1-Hour Primary Sulfur Dioxide National
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a final
action to find that several states have failed to submit State
Implementation Plans (SIPs) to satisfy certain nonattainment area
planning requirements of the Clean Air Act (CAA) for the 2010 1-Hour
Primary Sulfur Dioxide (SO2) National Ambient Air Quality
Standard (NAAQS). The purpose of the development and implementation of
nonattainment area SIPs is to provide for attainment of the NAAQS as
expeditiously as practicable following the designation of an area as
nonattainment. These findings of failure to submit establish certain
CAA deadlines for the EPA to impose sanctions if a state does not
submit a SIP addressing those requirements and for the EPA to
promulgate a Federal Implementation Plan (FIP) to address any
outstanding SIP requirements.

DATES: The effective date of this action is April 18, 2016.

FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to Dr. Larry D. Wallace, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail Code:
C504-2, 109 TW Alexander Drive, Research Triangle Park, NC 27709; by
telephone<PHONE_NUMBER>; or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when
an agency for good cause finds that notice and public procedure are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. The EPA has determined that there is good cause for
making this final agency action without prior proposal and opportunity
for comment because no significant EPA judgment is involved in making a
finding of failure to submit SIPs, or elements of SIPs, required by the
CAA, where states have made no submissions, or incomplete submissions,
to meet the requirement. Thus, notice and public procedures are
unnecessary. The EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).

B. How can I get copies of this document and other related information?

    The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2016-0098 for this action. All documents in the docket
are listed on http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or information whose disclosure is
restricted by statue. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form through http://www.regulations.gov.

C. Where do I go if I have a specific state question?

    For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional office:

----------------------------------------------------------------------------------------------------------------
                    Regional offices                                              States
----------------------------------------------------------------------------------------------------------------
EPA Region I: Dave Conroy, Chief, Air Program Branch,    New Hampshire.
 Air Programs Branch, EPA New England, 1 Congress
 Street, Suite 1100, Boston, MA 02203-2211.
EPA Region III: Cristina Fernandez, Associate Director,  Pennsylvania, West Virginia.
 Office of Air Program Planning, EPA Region III, 1650
 Arch Street, Philadelphia, PA 19103-2187.
EPA Region IV: R. Scott Davis, Chief, Air Planning       Tennessee, Kentucky.
 Branch, EPA Region IV, Sam Nunn Federal Center, 61
 Forsyth Street, 12th Floor, Atlanta, GA 30303-8960.
EPA Region V: John Mooney, Chief, Air Programs Branch,   Michigan, Ohio.
 EPA Region V, 77 West Jackson Street, Chicago, IL
 60604.
EPA Region VI: Guy Donaldson, Chief, Air Planning        Louisiana.
 Section, EPA Region VI, 1445 Ross Avenue, Dallas, TX
 75202-2733.
EPA Region VII: Michael Jay, Chief, Air Programs         Iowa.
 Branch, EPA Region 7, 11201 Renner Blvd., Lenexa,
 Kansas 66219.
EPA Region VIII: Monica Morales, Chief, Air Program      Montana.
 Manager, Air Quality Planning Unit, EPA Region VIII
 Air Program, 1595 Wynkoop St. (8P-AR), Denver, CO
 80202-1129.
EPA Region IX: Matt Lakin, Air Planning Office, EPA      Arizona.
 Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
----------------------------------------------------------------------------------------------------------------

D. How is the preamble organized?

Table of Contents

I. General Information
    A. Notice and Comment Under the Administrative Procedure Act
(APA)
    B. How can I get copies of this document and other related
information?
    C. Where do I go if I have specific state questions?
    D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To Submit
IV. Findings of Failure To Submit for States That Failed To Make a
Nonattainment Area SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority and Low-Income Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

II. Background

    In June 2010, the EPA promulgated a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb), which is met when
the 3-year average of the annual 99th percentile of 1-hour daily
maximum concentrations does not exceed 75 ppb, as determined in
accordance with Appendix T of 40 Code of Federal Regulations (CFR) part
50. See 40 CFR 50.17(a)-(b). On August 5, 2013, the EPA, as part of a
first round of area designations, initially designated 29 areas in 16
states as nonattainment for the 2010 SO2 NAAQS. 78 FR 47191,
codified at 40 CFR part 81, subpart C. These initial area designations
had an effective date of October 4, 2013.
    Areas designated nonattainment for the SO2 NAAQS are
subject to the general nonattainment area planning requirements of CAA
section 172 and to the SO2-specific planning requirements of
subpart 5 of part D of Title I of the CAA (sections 191 and 192). All
components of the SO2 part D nonattainment area SIP,
including the emissions inventory, attainment demonstration, reasonably
available control measures (RACM) and reasonably available control
technology (RACT), reasonable further progress (RFP) plan, and
contingency measures, are due to the EPA within 18 months of the
effective date of designation of an area under CAA section 191. Thus,
the nonattainment area SIPs for areas designated as of October 4, 2013,
were due on April 4, 2015. These SIPs are required to demonstrate that
their respective areas will attain the NAAQS as expeditiously as
practicable, but no later than 5 years from the effective date of
designation, or October 4, 2018.

III. Consequences of Findings of Failure To Submit

    If the EPA finds that a state has failed to make the required SIP
submittal or that a submitted SIP is incomplete, then CAA section
179(a) establishes specific consequences, including the imposition of
mandatory sanctions for the affected area. Additionally, such a finding
also triggers an obligation under CAA section 110(c) for the EPA to
promulgate a FIP no later than 2 years from the finding of failure to
submit, if the affected state has not submitted, and the EPA has not
approved, the required SIP submittal. The statutory attainment date of
October 4, 2018, applies to all areas designated nonattainment
effective as of October 4, 2013, and not otherwise redesignated to
attainment, regardless of the status of the SIP or FIP that applies to
that area.
    If the EPA has not affirmatively determined that a state has made
the required complete SIP submittal for an area within 18 months of the
effective date of this rulemaking, then, pursuant to CAA section 179(a)
and (b) and 40 CFR 52.31, the offset sanction identified in CAA section
179(b)(2) will apply in the affected nonattainment area. If the EPA has
not affirmatively determined that the state has made a complete
submission within 6 months after the offset sanction is imposed, then
the highway funding sanction will apply in the affected nonattainment
area, in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The
sanctions will not take effect, if, within 18 months after the date of
these findings, the EPA finds that the affected state has made a
complete SIP submittal addressing the deficiency for which the finding
was made. Additionally, if the state makes the required SIP submittal
and the EPA takes final action to approve the submittal within 2 years
of the effective date of these findings, the EPA is not required to
promulgate a FIP for the affected nonattainment area, pursuant to CAA
section 179(a) and 40 CFR 52.31.

IV. Findings of Failure To Submit for States That Failed To Make a
Nonattainment Area SIP Submittal

    As of the date of signature of this action, six states have made
complete SIP submittals for 14 SO2 nonattainment areas
designated effective on October 4, 2013.\1\ In this action, the EPA is
making a finding of failure to submit SO2 nonattainment area
SIP submittals for 16 areas in 11 states.\2\ The EPA is finding that
the states and areas listed in the table below have failed to submit a
complete SIP submittal required under part D of Title 1 of the CAA.
---------------------------------------------------------------------------

    \1\ These six states and 14 areas are: Hillsborough County, FL;
Nassau County, FL; Lake County, OH; Muskingum River, OH;
Steubenville, OH-WV (OH portion); Marion County, IN: Morgan County,
IN: Vigo County, IN; South West Indiana, IN; Rhinelander, WI;
Jefferson County, MO; Jackson County, MO; Lemont, IL; and, Pekin,
IL.
    \2\ There are currently 29 nonattainment areas in 16 states.
However, the sum totals of areas and states with complete SIP
submittals versus those without complete submittals are 30 and 17,
respectively. The difference in these totals can be attributed to
the fact that multiple SIP submittals are required for the two
multi-state SO2 nonattainment areas. For example, the EPA
received a complete SIP submittal for the OH portion of the
Steubenville, OH-WV multi-state nonattainment area, as noted in
footnote #1. However, because WV has not made a complete SIP
submittal for the area, WV is included in this findings notice for
the Steubenville, OH-WV area. The area thus is counted both as an
area for which a state (OH) made a complete SIP submittal and as an
area for which a state (WV) still owes a complete SIP submittal.
---------------------------------------------------------------------------

    The EPA notes that the Billings, Montana nonattainment area is
listed in this findings notice because the state has failed to submit a
complete SIP for the area. However, the EPA has proposed both a clean
data determination and a redesignation of the area to attainment in a
separate action (81 FR 11727, March 7, 2016). Should the Billings,
Montana nonattainment area be redesignated to attainment within the
timeframes described above, the state will not be required to submit a
nonattainment SIP for the area and no sanctions will take effect for
the area. Likewise, the Campbell-Clermont multi-state nonattainment
area is listed in this findings notice because Ohio and Kentucky have
failed to submit complete SIPs for the area. However, both states have
submitted redesignation requests for their respective parts of the
Campbell-Clermont multi-state nonattainment area, seeking to have that
area redesignated as attainment. The EPA has not yet acted on these
requests. Should the EPA propose and then finalize redesignation of the
area to attainment within the timeframes described above, neither state
will be required to submit a nonattainment SIP for the area and no
sanctions will take effect.

               States and SO2 Nonattainment Areas Affected by These Findings of Failure To Submit
----------------------------------------------------------------------------------------------------------------
             Regional office                         State                         Nonattainment area
----------------------------------------------------------------------------------------------------------------
Region I................................  New Hampshire..............  Central New Hampshire: Hillsborough
                                                                        County (p), Merrimack County (p),
                                                                        Rockingham County (p).
Region III..............................  Pennsylvania...............  Allegheny: Allegheny County (p).
Region III..............................  Pennsylvania...............  Beaver: Beaver County (p).
Region III..............................  Pennsylvania...............  Indiana: Armstrong County (p), Indiana
                                                                        County (p).
Region III..............................  Pennsylvania...............  Warren: Warren County (p).

Region III..............................  West Virginia..............  Marshall: Marshall County (p).
Region III..............................  West Virginia..............  Steubenville (OH-WV): Brooke County, WV
                                                                        (p).
Region IV...............................  Kentucky...................  Campbell-Clermont (OH-KY): Campbell
                                                                        County, KY (p).
Region IV...............................  Kentucky...................  Jefferson County: Jefferson County (p).
Region IV...............................  Tennessee..................  Sullivan County: Sullivan County (p).
Region V................................  Michigan...................  Detroit: Wayne County (p).
Region V................................  Ohio.......................  Campbell-Clermont (OH-KY): Clermont
                                                                        County, OH (p).
Region VI...............................  Louisiana..................  St. Bernard Parish: St. Bernard Parish.
Region VII..............................  Iowa.......................  Muscatine: Muscatine County (p).
Region VIII.............................  Montana....................  Billings: Yellowstone County (p).
Region IX...............................  Arizona....................  Hayden: Gila County (p), Pinal County
                                                                        (p).
Region IX...............................  Arizona....................  Miami: Gila County (p).
----------------------------------------------------------------------------------------------------------------
Note: Partial counties are indicated in the table above as (p).

V. Environmental Justice Considerations

    The EPA believes that the human health or environmental risks
addressed by this action will not have disproportionately high or
adverse human health or environmental effects on minority, low-income,
or indigenous populations because it does not affect the level of
protection provided to human health or environment under the
SO2 NAAQS. The purpose of this rule is to make findings that
the affected states named have failed to submit the required SIPs to
provide for timely attainment of the 1-hour primary SO2
NAAQS, which results in certain CAA-required deadlines for actions to
provide for such attainment. In finding that certain states have failed
to submit a complete SIP that satisfies the nonattainment area plan
requirements under section 172 and subpart 5 of part D of Title I of
the CAA (sections 191 and 192) for the 1-hour primary SO2
NAAQS, this action does not directly affect the level of protection
provided for human health or the environment. However, it is intended
that the required actions and deadlines resulting from this notice will
lead to greater protection for U.S. citizens, including minority, low-
income, or indigenous populations, by reducing exposure to high ambient
concentrations of SO2.

VI. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit SIPs under section 172 and subpart 5 of part D of Title I of the
CAA (sections 191 and 192) which address the statutory requirements
that apply to areas designated as nonattainment for the SO2
NAAQS.

C. Regulatory Flexibility Act (RFA)

    I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The rule is
a finding that the named states have not submitted the necessary SIP
requirements for nonattainment areas to meet the requirements of part
D, title I of the CAA.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175. This rule finds that several states failed to
submit a complete SIP that satisfies the nonattainment area plan
requirements under section 172 and subpart 5 of part D of Title I of
the CAA (sections 191 and 192) for the 1-hour primary SO2
NAAQS. No tribe is subject to the requirement to submit an
implementation plan under section 172 or under subpart 5 of part D of
Title I of the CAA. Thus, Executive Order 13175 does not apply to this
action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is a finding that several states have failed to submit a
complete SIP that satisfies the nonattainment area plan requirements
under section 172 and subpart 5 of part D of Title I of the CAA for the
1-hour primary SO2 NAAQS and does not directly or
disproportionately affect children.

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

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

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. In finding that several states have failed
to submit a complete SIP that satisfies the nonattainment area plan
requirements under section 172 and subpart 5 of part D of Title I of
the CAA for the 1-hour primary SO2 NAAQS, this action does
not directly affect the level of protection provided to human health or
the environment. The results of this evaluation are contained in the
Section V of this preamble titled ``Environmental Justice
Considerations.''

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Judicial Review

    Section 307(b)(l) of the CAA indicates which federal Courts of
Appeal have venue for petitions of review of final agency actions by
the EPA under the CAA. This section provides, in part, that petitions
for review must be filed in the United States Court of Appeals for the
District of Columbia Circuit (i) when the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.''
    The EPA has determined that this final rule consisting of findings
of failure to submit certain of the required SIP provisions is
``nationally applicable'' within the meaning of section 307(b)(1). This
final agency action affects 16 nonattainment areas across the country
that are located in 11 states, eight of the 10 EPA Regional offices,
and eight different federal circuits, and multiple time zones. In
addition, the rule addresses a common core of knowledge and analysis
involved in formulating the decision and a common interpretation of the
requirements of 40 CFR 51 appendix V applied to determining the
completeness of SIPs in states across the country.
    This determination is appropriate because in the 1977 CAA
Amendments that revised CAA section 307(b)(l), Congress noted that the
Administrator's determination that an action is of ``nationwide scope
or effect'' would be appropriate for any action that has ``scope or
effect beyond a single judicial circuit.'' H.R. Rep. No. 95-294 at 323-
324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect
of this action extends to the five judicial circuits that include the
states across the country affected by this action. In these
circumstances, section 307(b)(1) and its legislative history authorize
the Administrator to find the rule to be of ``nationwide scope or
effect'' and, thus, to indicate that venue for challenges lies in the
D.C. Circuit. Accordingly, the EPA is determining that this rule is of
nationwide scope or effect. Under section 307(b)(1) of the CAA,
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the District of Columbia Circuit
within 60 days from the date this final action is published in the
Federal Register. Filing a petition for review by the Administrator of
this final action does not affect the finality of the action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review must be filed and shall not postpone the
effectiveness of such rule or action. Thus, any petitions for review of
this action must be filed in the United States Court of Appeals for the
District of Columbia Circuit within 60 days from the date this final
action is published in the Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Approval and promulgation of
implementation plans, Administrative practice and procedures, Air
pollution control, Incorporation by reference, Intergovernmental
relations, and Reporting and recordkeeping requirements.

    Dated: March 10, 2016.
Janet G. McCabe,
Acting Assistant Administrator.
[FR Doc. 2016-06063 Filed 3-17-16; 8:45 am]
 BILLING CODE 6560-50-P


PAPERWORK REDUCTION ACT SUBMISSION SAN 4739 Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Office of Solid Waste and Emergency Response/ Outreach/ Special Projects Staff 2. OMB control number b. None a .__________ 2050

3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title: Standards and Practices for All Appropriate Inquiries ( Proposed Rule)

8. Agency form number( s) ( If applicable) ICR 2144.01 9. Keywords: AAI, All Appropriate Inquiries, Due diligence, Brownfields 10. Abstract: The Environmental Protection Agency ( EPA) is proposing federal standards and practices for conducting all appropriate inquiries, as required under Section 101( 35)( B) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). The proposed rule would establish specific regulatory requirements and standards for conducting all appropriate inquiries into the previous ownership, uses, and environmental conditions of a property for the purposes of meeting the all appropriate inquiry provisions necessary to qualify for certain landowner liability protections under CERCLA. The standards and practices proposed today also would be applicable to persons conducting site characterization and assessments with the use of grants awarded under CERCLA § 104( k)( 2)( B). The activities associated with the proposed rule that go beyond current customary and usual business practices and therefore may impose an additional information collection burden upon affected entities include an additional interview with a property occupant, documentation of all environmental cleanup liens in the Phase I Environmental Site Assessment report, discussion of the relationship of purchase price to value of the property in the report, and consideration and discussion of whether additional environmental investigation is warranted.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. X Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 271,669 b. Total annual responses 271,669 1. Percentage of these responses collected electronically 0%

c. Total hours requested 1 d. Current OMB inventory 0 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 1 c. Total annualized cost requested $ 1 d. Current OMB inventory $ 0 e. Difference $ 1 f. Explanation of difference 1. Program change $ 1 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X")

a. X_ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Q Recordkeeping b. Q Third party disclosure c. X Q Reporting 1. Q X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Patricia Overmeyer Phone: 202 566 2774 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Linda Garczynski, Director Office of Brownfields Cleanup and Redevelopment Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47334-47336]
[FR Doc No: 2019-19334]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86857; File No. SR-NASDAQ-2019-066]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify Rule 4120(c)(9)

September 3, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 21, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to clarify Rule 4120(c)(9) without changing
its substance.
    The text of the proposed rule change is set forth below. Proposed
new language is italicized; deleted text is in brackets.
* * * * *

The Nasdaq Stock Market Rules

* * * * *

4120. Limit Up-Limit Down Plan and Trading Halts

    (a)-(b) No change.
    (c) Procedure for Initiating and Terminating a Trading Halt
    (1)-(8) No change.
    (9) For purposes of this Rule and Rule 4753, the process for
halting and initial pricing of a security that is the subject of an
initial public offering shall also be available for the initial pricing
of any other security that has not been listed

on a national securities exchange or traded in the over-the-counter
market pursuant to FINRA Form 211 immediately prior to the initial
pricing, provided that a broker-dealer serving in the role of financial
advisor to the issuer of the securities being listed is willing to
perform the functions under Rule 4120(c)(8) that are performed by an
underwriter with respect to an initial public offering. If more than
one broker-dealer is serving in the role of financial advisor, the
issuer must designate one to perform the functions under Rule
4120(c)(8).
    (10) No change.
* * * * *
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.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 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
    Nasdaq proposes to amend Rule 4120(c)(9) to clarify that, if more
than one broker-dealer is serving in the role of financial advisor to
the issuer, in order to use the Nasdaq IPO Cross, as defined below, to
initiate trading in securities that have not been listed on a national
securities exchange or traded in the over-the-counter market pursuant
to FINRA Form 211 immediately prior to the initial pricing, the issuer
must designate one financial advisor to perform the functions under
Rule 4120(c)(8).\3\
---------------------------------------------------------------------------

    \3\ On July 18, 2019, Nasdaq submitted a proposed rule change to
amend 4120(c)(9). The effect of that rule change, if approved by the
Commission, will be to make certain additional companies eligible to
use the IPO Cross. See Securities Exchange Act Release No. 86537
(July 31, 2019), 84 FR 38321 (August 6, 2019) (SR-NASDAQ-2019-060).
---------------------------------------------------------------------------

    In 2014, Nasdaq first adopted rules to allow the use of the Nasdaq
IPO Cross to initiate trading in securities that have not been listed
on a national securities exchange or traded in the over-the-counter
market pursuant to FINRA Form 211 immediately prior to the initial
pricing and described the role of financial advisors in that
process.\4\ At that time, the Exchange added new Rule 4120(c)(9) \5\ to
set forth the process by which trading commences in such securities.
Under that rule, securities of companies that have not previously been
listed on a national securities exchange or traded in the over-the-
counter market pursuant to FINRA Form 211 immediately prior to listing
on Nasdaq can be launched for trading using the same crossing mechanism
available for IPOs outlined in Rule 4120(c)(8) and Rule 4753 (the ``IPO
Cross''). Prior to that rule change, securities of companies that were
not conducting IPOs were released using the Halt Cross outlined in Rule
4120(c)(7), which differed from the IPO Cross.\6\
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 71931 (April 11, 2014),
79 FR 21829 (April 17, 2014) (SR-NASDAQ-2014-032) (the ``2014 Rule
Change'').
    \5\ In 2014, Nasdaq filed SR-NASDAQ-2014-081 modifying the
functions that are performed by an underwriter with respect to an
initial public offering and renumbered certain paragraphs of Rule
4120. Securities Exchange Act Release No. 73399 (October 21, 2014),
79 FR 63981 (October 27, 2014) (approving SR-NASDAQ-2014-081). All
references in this filing are to the renumbered rules, as currently
in effect.
    \6\ The Halt Cross process has a shorter quoting period (five
minutes) and provides no ability to extend the quoting period in the
event trading interest or volatility in the market appears likely to
have a material impact on the security, unless there is an order
imbalance as defined in the rule. See the 2014 Rule Change for
additional details on the differences between the Halt Cross and the
IPO Cross.
---------------------------------------------------------------------------

    The 2014 Rule Change extended the safeguards contained in the IPO
Cross to securities that have not been listed on a national securities
exchange or traded in the over-the-counter market pursuant to FINRA
Form 211 immediately prior to the initial pricing and established that
a broker-dealer serving in the role of financial advisor to the issuer
could serve in the same capacity for such securities as the underwriter
does for IPOs. Specifically, Rule 4120(c)(9) provides that the IPO
Cross process described in Rules 4120 and 4753 is available to
securities that have not been listed on a national securities exchange
or traded in the over-the-counter market pursuant to FINRA Form 211
immediately prior to the initial pricing where ``a broker-dealer
serving in the role of financial advisor to the issuer of the
securities being listed is willing to perform the functions under Rule
4120(c)(8) that are performed by an underwriter with respect to an
initial public offering.'' \7\
---------------------------------------------------------------------------

    \7\ Subsequent to the 2014 Rule Change Nasdaq expanded and
elaborated the functions that are performed by an underwriter with
respect to an initial public offering. See footnote 6, above. Rule
4120(c)(9) requires a broker-dealer serving in the role of a
financial advisor to the issuer of the securities being listed to
perform all such functions in order for the issuer to utilize the
IPO Cross for the initial pricing of the security.
---------------------------------------------------------------------------

    Rule 4120(c)(8) implies that only one underwriter performs the
functions the rule describes. Typically, such functions are performed
by the lead underwriter, which is referred to as ``the'' underwriter in
the rule.
    Similarly, Nasdaq proposes to clarify that, if more than one
broker-dealer is serving in the role of financial advisor to the
issuer, in order to use the Nasdaq IPO Cross to initiate trading in
securities that have not been listed on a national securities exchange
or traded in the over-the-counter market pursuant to FINRA Form 211
immediately prior to the initial pricing, the issuer must designate one
financial advisor to perform the functions under Rule 4120(c)(8).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Nasdaq believes that additional clarity that the issuer must
designate one financial advisor to perform the functions under Rule
4120(c)(8) will promote fair and orderly markets by eliminating
potential confusion and by continuing to protect against volatility in
the pricing and initial trading of the unseasoned securities covered by
the proposed rule change.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change is designed
to more clearly describe the current operation of an existing rule
without changing its substance and, therefore, Nasdaq believes that the
proposed change will not impose a burden on competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule change should be approved or
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_ADDRESS>Please include
File Number SR-NASDAQ-2019-066 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-NASDAQ-2019-066. 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
20549-1090 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-NASDAQ-2019-066 and should
be submitted on or before September 30, 2019.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-19334 Filed 9-6-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39587-39588]
[FR Doc No: 2018-17100]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0101; Airspace Docket No. 18-AGL-4]
RIN 2120-AA66

Amendment of Class E Airspace; Lansing, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Capital Region International Airport,
Lansing, MI. This action is the result of an airspace review due to the
decommissioning of the Lansing VHF omnidirectional range (VOR)
navigation aid as part of the VOR Minimum Operational Network (MON)
Program. The geographic coordinates and name of the airport are also
updated to coincide with the FAA's aeronautical database. An editorial
change is also made to the airspace legal designation by removing the
city from the airport name.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Capital Region International Airport, Lansing, MI, to
support instrument flight rule operations.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 16802; April 17, 2018) for Docket No. FAA-2018-0101 to
amend Class E airspace extending upward from 700 feet above the surface
at Capital Region International Airport, Lansing, MI. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas,

air traffic service routes, and reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface to within a 6.8-mile radius (increased from a 6.7-mile
radius) at Capital Region International Airport (formerly Capital City
Airport), Lansing, MI; removes the extension to the east of the airport
associated with the ARTDA LOM; adds an extension within 2.0 miles each
side of the 091[deg] bearing from the airport from the 6.8-mile radius
to 10.4 mile east of the airport; and adds an extension within 4.0
miles each side of the 233[deg] from the airport from the 6.8-mile
radius to 10.5 miles southwest of the airport.
    The name of the airport is also updated from Capital City Airport
to Capital Region International Airport, and the geographic coordinates
of the airport are updated to coincide with the FAA's aeronautical
database. Additionally, an editorial change is made removing the name
of the city associated with the airport in the airspace legal
designation to comply with a recent change to FAA Order 7400.2L,
Procedures for Handling Airspace Matters.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above The Surface of The Earth.

* * * * *

AGL MI E5 Lansing, MI [Amended]

Capital Region International Airport, MI
    (Lat. 42[deg]46'43'' N, long. 84[deg]35'10'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Capital Region International Airport,
and within 2.0 miles each side of the 091[deg] bearing from the
airport extending from the 6.8-mile radius to 10.4 mile east of the
airport, and within 4.0 miles each side of the 233[deg] bearing from
the airport extending from the 6.8-mile radius to 10.5 miles
southwest of the airport.

    Issued in Fort Worth, Texas, on July 30, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-17100 Filed 8-9-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Notices]
[Page 49434-49435]
[DOCID:fr28se09-119]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent to Rule on Request To Release Airport Property
at the Boise Air Terminal, Boise, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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

SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at Boise Air Terminal under the provisions of section.

DATES: Comments must be received on or before October 28, 2009.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Ms. Carol Suomi, Manager, Seattle
Airports District Office, Federal Aviation Administration, Northwest
Mountain Region, Airports Division, 1601 Lind Ave SW., Suite 250
Renton, Washington 98057-3356.

FOR FURTHER INFORMATION CONTACT: Ms. Sandy Simmons, Idaho Airport
Engineer, Project Manager Seattle Airports District Office, Federal
Aviation Administration, Northwest Mountain Region, Airports Division,
1601 Lind Ave SW., Suite 250 Renton, Washington 98057-3356.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Boise Air Terminal under the
provisions of the AIR 21 (49 U.S.C. 47107 (h)(2)).
    On September 10, 2009 the FAA determined that the request to
release property at Boise Air Terminal submitted by the airport meets
the procedural requirements of the Federal Aviation Administration. The
FAA may approve the request, in whole or in part, no later than October
28, 2009.
    The following is a brief overview of the request: Boise Air
Terminal is proposing the release of approximately 10.157 acres of
airport property to the Federal Highways Department of Transportation.
This release is necessary in order to sell required Right of Way and
Permanent Easement to the Idaho Transportation Department (ITD) for the
1-84/Orchard Street Interchange Project, an Eminent Domain project.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: In addition, any person may, upon
appointment and request, inspect application, notice and other
documents germane to the application in person at the Boise Air
Terminal.

    Issued in Renton, Washington, September 10, 2009.
Carol A. Suomi,
Manager, Seattle Airports District Office, Northwest Mountain Region,
Federal Aviation Administration.
[FR Doc. E9-23236 Filed 9-25-09; 8:45 am]


[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Page 80828]
[FR Doc No: 2010-32249]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0575]

Draft Compliance Policy Guide Sec. 510.800 Beverages--Serving
Size Labeling; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of draft ``Compliance Policy Guide Sec. 510.800
Beverages--Serving Size Labeling'' (the draft CPG). The draft CPG, when
finalized, will provide guidance for FDA staff on FDA's exercise of
enforcement discretion related to serving size labeling for certain
beverages that are packaged in containers larger than 20 fluid ounces
and that display calories per 12 fluid ounce serving on the front of
the container.

DATES: Although you can comment on any CPG at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on the
draft CPG before it begins work on the final version of the CPG, submit
either electronic or written comments on the draft CPG by February 22,
2011.

ADDRESSES: Submit electronic comments on the draft CPG to http://www.regulations.gov. Submit written comments on the draft CPG to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit written
requests for single copies of the draft CPG to the Division of
Compliance Policy (HFC-230), Office of Enforcement, Food and Drug
Administration, 5600 Fishers Lane, Rockville, MD 20857. Send two self-
addressed adhesive labels to assist that office in processing your
request or fax your request to<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft CPG.

FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food
Safety and Applied Nutrition (HFS-830), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The draft CPG is intended to provide guidance for FDA staff on the
labeling of certain beverages. In particular, the draft CPG sets forth
a policy to typically consider not taking an enforcement action when a
beverage container larger than 20 fluid ounces states the calories per
12 fluid ounces on the Principal Display Panel (PDP) and
correspondingly provides the number of 12 fluid ounce servings in the
container and the nutrition information is based on a 12 fluid ounce
serving in the Nutrition Facts panel. FDA's labeling regulations
require that the labeled serving size be based on Reference Amounts
Customarily Consumed (RACC) (21 CFR 101.9(b) and Sec.  101.12(b) (21
CFR 101.12(b))). The RACC for beverages is 240 milliliters (8 fluid
ounces) (Sec.  101.12(b)). FDA's exercise of enforcement discretion is
limited to the following beverages in containers that are larger than
20 fluid ounces and that display calories on the PDP of the label per
12 ounces: (1) Sports drinks (this term is used by industry and has not
been defined by the Agency), (2) bottled water and water beverages, (3)
soft drinks and diet soft drinks, (4) energy drinks (this term is used
by industry and has not been defined by the Agency), and (5) ready-to-
drink teas. The CPG reflects the Agency's recent response to the
American Beverage Association's request that FDA exercise enforcement
discretion for industry to label certain beverages based on a 12 fluid
ounce serving size (Refs. 1, 2, and 3). The draft CPG also contains
information that may be useful to the regulated industry and to the
public. FDA is issuing the draft CPG as level 1 draft guidance
consistent with FDA's good guidance practices regulation (21 CFR
10.115). The draft CPG, when finalized, will represent FDA's current
thinking on the exercise of enforcement discretion for serving size
labeling for the applicable beverages. It does not create or confer any
rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the draft CPG from
FDA's Office of Regulatory Affairs history page at http://www.fda.gov/ora/compliance_ref/cpg/default.htm.

IV. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES), and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday.
    1. Letter from Stuart M. Pape, Counsel to the American Beverage
Association, May 27, 2010.
    2. Letter from Stuart M. Pape, Counsel to the American Beverage
Association, June 24, 2010.
    3. Letter from Michael R. Taylor, Deputy Commissioner for Foods,
FDA, July 12, 2010.

    Dated: December 13, 2010.
Dara Corrigan,
Associate Commissioner for Regulatory Affairs.
[FR Doc. 2010-32249 Filed 12-22-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62134-62135]
[FR Doc No: 2014-24581]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[,, QF14-659-001, et al]

Notice of Petition for Declaratory Order

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Minwind I, LLC, Minwind II, LLC,         EL15-5-000
 Minwind III, LLC, Minwind IV, LLC,
 Minwind V, LLC, Minwind VI, LLC,
 Minwind VII, LLC, Minwind VIII, LLC,
 Minwind IX, LLC.
Minwind I, LLC.........................  QF14-658-001
Minwind II, LLC........................   QF14-659-001
Minwind III, LLC.......................  QF14-660-001
Minwind IV, LLC........................  QF14-661-001
Minwind V, LLC.........................  QF14-662-001
Minwind VI, LLC........................  QF14-663-001
Minwind VII, LLC.......................  QF14-664-001
Minwind VIII, LLC......................  QF14-665-001

Minwind IX, LLC........................  QF14-666-001
------------------------------------------------------------------------

    Take notice that on October 8, 2014, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) and section 292.203(d)(2)
of the Commission's Regulations, 18 CFR 292.203(d)(2) Minwind I, LLC,
Minwind II, LLC, Minwind III, LLC, Minwind IV, LLC, Minwind V, LLC,
Minwind VI, LLC, Minwind VII, LLC, Minwind VIII, LLC, and Minwind IX,
LLC (collectively, Petitioners) filed a petition for declaratory order
requesting that the Commission provide for a limited waiver from the QF
filing requirement of section 292.203(a)(3) of the Commission's
Regulations for the period from April 15, 2006 to July 14, 2014, as
more fully explained in the petition.
    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, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Petitioner.
    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 5 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 20, 2014.

    Dated: October 9, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-24581 Filed 10-15-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Page 50621]
[FR Doc No: 2015-20578]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13806-004-NH]

5440 Hydro, Inc; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed the application for exemption from licensing for the Brooklyn
Dam Hydroelectric Project, to be located on the Upper Ammonoosuc River,
in the town of Northumberland, Coos County, New Hampshire, and has
prepared an Environmental Assessment (EA). In the EA, Commission staff
analyzes the potential environmental effects of the project and
concludes that issuing an exemption for the project, with appropriate
environmental measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also 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>. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, contact FERC Online Support.
    For further information, contact John Ramer at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: August 14, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-20578 Filed 8-19-15; 8:45 am]
BILLING CODE 6717-01-P