[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55104-55107]
[FR Doc No: 2019-22206]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0163; FRL-10000-98-Region 8]

Approval and Promulgation of Implementation Plans; State of
Montana; State Implementation Plan Revisions for Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Montana on May 24, 2018. The revision would remove a
prohibition on the open burning of asbestos and asbestos-containing
materials located in the SIP-approved Administrative Rules of Montana
(ARM) Title 17, chapter 8, subchapter 6 and the similar provision in
the SIP-approved Lincoln County Air Pollution Control Program. The
revision would also remove a corresponding cross-reference located in
SIP-approved ARM Title 17, chapter 8, subchapter 3 (concerning wood-
waste burners). The EPA is taking this action pursuant to section 110
of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 14,
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0163, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    ARM Title 17, chapter 8, subchapter 6 contains Montana's open
burning provisions, which make up the Montana smoke management plan.
The smoke management plan regulates open burning across the state in
order to limit smoke impacts on the National Ambient Air Quality
Standards (NAAQS). The plan separates open burning into ``major'' and
``minor'' categories: Open burning that emits more than 500 tons per
year (tpy) of carbon monoxide or 50 tpy of any other pollutant is
major. See ARM 17.8.601. Major open burning sources must obtain a
permit from Montana's Department of Environmental Quality (DEQ), ARM
17.8.610; minor open burning sources must comply with seasonal and
regional restrictions, ARM 17.8.606. In both cases, open burning
sources must apply best available control technology (BACT) as defined
in ARM 17.8.601. Furthermore, the plan prohibits the open burning of
certain materials, including asbestos and asbestos-containing
materials, ARM 17.8.604(1)(w).
    ARM 17.8.320 regulates wood-waste burners and generally prohibits
the burning or disposal of certain products and materials in wood-waste
burners, including asbestos and asbestos-containing materials, ARM
17.8.320(9) (cross-referencing other prohibited materials specified in
ARM 17.8.604(1), including (1)(w)).
    On August 13, 2001 (66 FR 42427), the EPA initially approved
Montana's ARM 17.8.604--Open Burning (formerly ARM 16.8.1302), and
Montana's ARM 17.8.320--Wood-Waste Burners. On August 20, 2015 (80 FR
50584), the EPA approved revisions to ARM 17.8.604, and on February 26,
2008 (73 FR 10150), the EPA approved revisions to ARM 17.8.320.
    The Libby, Montana area was designated nonattainment for coarse
particulate matter (PM10) by operation of law on November
15, 1990 (56 FR 56694, 56794, November 6, 1991), under CAA section
107(d)(4)(B) and was classified as `Moderate.' The PM10
attainment plan and Lincoln County Air Pollution Control Program were
approved by EPA on August 30, 1994 (59 FR 44627). Additionally, on
September 30, 1996 (61 FR 51014), the EPA approved revisions to the
Libby, Montana PM10 SIP and Lincoln County Air Pollution
Control Program, which included the analogous prohibition on the open
burning of asbestos and asbestos-containing materials. Subsequently,
portions of Lincoln County, including the town of Libby, were
designated nonattainment for the 1997 fine particulate matter
(PM2.5) annual standard (74 FR 944, Jan. 5, 2005). On March
17, 2011 (76 FR 14584), the EPA approved the PM2.5
attainment plan, including the Lincoln County prohibition on open
burning of asbestos and asbestos-containing materials, and on July 14,
2015 (80 FR 40911), the EPA determined that the area attained the 1997
annual standard by the applicable attainment date. In its May 24, 2018
submittal, Montana states that the prohibitions on the burning of
asbestos and asbestos-containing material were not necessary to include
in the SIP. Although Montana's smoke management plan generally ensures
attainment and maintenance of the NAAQS, the specific prohibition on
the burning of asbestos and asbestos-containing materials in ARM
17.8.604(1)(w) and elsewhere are not related to protection of the
NAAQS. According to the State, the provisions related to asbestos and
asbestos-containing materials ``should never have been included in the
SIP.'' \1\ Instead, Montana intends that such provisions remain as
state-only regulations, where

they will continue to protect public health and welfare.\2\ In
accordance with CAA section 110(l), the State provided a demonstration
that the SIP revision (i.e., removal of the prohibition in ARM
17.8.604(1)(w) and in Lincoln County regulation 75.1.405(2)(w)) would
not interfere with maintenance of the NAAQS, specifically the
PM2.5 and PM10 NAAQS.
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    \1\ May 24, 2018 State of Montana SIP revision submittal; 110(l)
Demonstration.
    \2\ Ibid.
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II. The State's Submittal and the EPA's Evaluation

    Section 110(k) of the CAA addresses the EPA's actions on
submissions of revisions to a SIP. The CAA requires states to observe
certain procedural requirements in developing SIP revisions for
submittal to the EPA. Section 110(l) of the CAA requires that each SIP
revision submitted by a state be adopted after reasonable notice and
public hearing. Additionally, the EPA cannot approve a SIP revision if
the revision would interfere with any applicable requirements
concerning attainment and reasonable further progress (RFP) toward
attainment of the NAAQS, or any other applicable requirement of the
Act.
    Montana's May 24, 2018 submittal explains that some rules or
provisions that are not specifically NAAQS-protective had been
submitted and approved into the SIP. For example, while Montana's smoke
management plan generally protects the NAAQS from smoke impacts, the
list of prohibited materials in ARM 17.8.604 itself does not
specifically address criteria pollutants. In other words, the
regulation of open burning in general is intended to mitigate smoke
impacts, not to specifically prohibit burning of asbestos or asbestos-
containing materials. Accordingly, Montana requests that the
prohibition be removed from the SIP although it would remain as a state
and local regulation.
    Montana's submittal provides an air quality analysis to show that
removal of the prohibition in ARM 17.8.604(1)(w) and Lincoln County
Ordinance 75.1.405(2)(w) would not interfere with the NAAQS,
specifically for PM10 and PM2.5.\3\ The submittal
first discusses the State areas that are or previously were designated
nonattainment for PM10 and PM2.5. These are
provided in Table 1 below.
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    \3\ While the submittal identifies other areas that are or
previously were designated nonattainment for the carbon monoxide
(CO), sulfur dioxide (SO2), and lead (Pb) NAAQS, Montana
notes that particulate matter is the criteria pollutant most
directly related to burning, or, more specifically, to the smoke
that results from combustion. Accordingly, the State's analysis
focuses on attainment and maintenance of the particulate matter
NAAQS across Montana.

   Table 1--Montana Nonattainment Areas for PM10 and PM2.5 With EPA Final Attainment Plan Approval and Current
                                          Determinations of Attainment
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                                                                                Determination of
        Nonattainment area          Standard violated     Designation   Final plan approval       attainment
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Butte............................  PM10 (1987)........        11/15/90  3/22/95, 60 FR
                                                                         15056.
Columbia Falls...................  PM10 (1987)........        11/15/90  3/19/96, 61 FR       1/31/11, 76 FR
                                                                         11153.               5280.
Kalispell........................  PM10 (1987)........        11/15/90  3/19/96, 61 FR
                                                                         11153.
Libby............................  PM10 (1987)........        11/15/90  9/30/96, 61 FR       1/31/11, 76 FR
                                                                         51014.               5280.
Libby............................  PM2.5 (1997).......          4/5/05  3/17/11, 76 FR       7/14/15, 80 FR
                                                                         14584.               40911 *.
Missoula.........................  PM10 (1987)........        11/15/90  8/30/95, 60 FR       5/24/19, 84 FR
                                                                         45051.               24037 **.
Thompson Falls...................  PM10 (1987)........         1/20/94  1/22/04, 69 FR 3011  11/1/01, 66 FR
                                                                         *.                   55102.
Whitefish........................  PM10 (1987)........        10/19/93  4/24/08, 73 FR       11/1/01, 66 FR
                                                                         22057 *.             55102.
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* Included a clean data determination.
** The Missoula area was redesignated to attainment after Montana submitted the May 24, 2018 revision.

    As further support, the State examined recent ambient air quality
data for 2016 in the areas that historically have had PM10
and/or PM2.5 issues. The State provided design values for
the period 2014-2016 as shown in Table 2 below.\4\
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    \4\ State of Montana's CAA Sec.  110(l) Anti-Backsliding
Demonstration.

           Table 2--2016 Design Values for PM10 and PM2.5 Nonattainment Areas in the State of Montana
                                                  [[micro]g/m3]
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                                                                        2016 Design values
      Nonattainment area           Standard          Current     --------------------------------   Designation
                                   violated          standard            *              **
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Butte........................  PM10 (1987).....  150............          52, 51          52, 45        11/15/90
                                                 24-hour........
Columbia Falls...............  PM10 (1987).....  150............          45, 44          45, 44        11/15/90
                                                 24-hour........
Kalispell....................  PM10 (1987).....  150............          87, 84          87, 84        11/15/90
                                                 24-hour........
Libby........................  PM10 (1987).....  150............          58, 57          45, 45        11/15/90
                                                 24-hour........
                                                                 --------------------------------
Libby........................  PM2.5 (1997)....  12 annual......                9.8                       4/5/05
                                                                 --------------------------------
Missoula.....................  PM10 (1987).....  150............          74, 65          74, 65        11/15/90
                                                 24-hour........
Thompson Falls...............  PM10 (1987).....  150............         135, 97          97, 89         1/20/94
                                                 24-hour........

Whitefish....................  PM10 (1987).....  150............         106, 98         106, 98        10/19/93
                                                 24-hour........
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* First high, second high including all flagged events.
** First high, second high excluding flagged events over 150 [micro]g/m3.

    Montana asserts that all of the State's particulate matter
nonattainment areas are currently attaining the standard for which they
were designated, and most (as identified in Table 1) have received a
determination of attainment from the EPA. The EPA will work with DEQ to
redesignate the nonattainment areas that are attaining; however, the
EPA will not reach any final conclusions until the State of Montana
provides a formal submittal for a redesignation request for
PM10 and PM2.5 nonattainment areas and after we
conduct our own notice and comment rulemaking.
    Montana's submittal then notes that in the areas that have been
designated nonattainment for PM10 and PM2.5, the
approved attainment plans did not identify open burning as a major
contributor to nonattainment. For example, in the Missoula
PM10 attainment plan, the State identified re-entrained road
dust and residential wood combustion as the primary contributors of
PM10. See 58 FR 48342. For Montana's only PM2.5
nonattainment area, Libby, the State identified residential wood
combustion as the primary contributor of PM2.5, followed by
re-entrained road dust and locomotive emissions. See 75 FR 55717.
    The submittal also notes that open burning continues to be
controlled generally under Montana's smoke management plan. The program
generally requires open burning to be controlled using BACT; a number
of techniques are listed that may be included in BACT, see ARM
17.8.601. Another feature of the program is DEQ's evaluation of
meteorological conditions during the winter months. Depending on those
conditions, even minor open burning in areas such as mountain valleys
may be prohibited if it may risk increasing PM2.5
concentrations above the NAAQS. The submittal concludes that the open
burning program, as revised by removal of the prohibition on burning
asbestos, is adequate to protect the NAAQS at the same level of
stringency as the current SIP. For details of Montana's analysis,
please see the submittal in the docket for this action.
    The EPA has reviewed the State's submission and proposes to approve
the SIP revision. The Agency agrees that removing the prohibition on
burning asbestos or asbestos-containing materials from Montana's SIP
will not interfere with any applicable requirement concerning
attainment and RFP, or any other applicable requirement of the CAA.
    First, the EPA notes that the disposal of asbestos-containing waste
material is regulated under the National Emission Standards for
Hazardous Air Pollutants (NESHAP). See 40 CFR part 61, subpart M. For
material subject to the asbestos NESHAP, open burning is not allowed.
The removal of the prohibition on burning asbestos or asbestos-
containing materials from Montana's SIP in no way impacts or modifies
the asbestos NESHAP or the existing delegation of authority to Montana
to implement and enforce the NESHAP.\5\ Accordingly, full compliance
with the asbestos NESHAP is required and will not be impacted by this
SIP revision.
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    \5\ https://www.epa.gov/region8/delegations-authority-nsps-and-neshap-standards-states-and-tribes-region-8.
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    Second, the EPA proposes to conclude that removal of the
prohibition will not interfere with any applicable requirement
concerning attainment and RFP. The State's submittal explains that
Montana's open burning program, as revised by removal of the
prohibition, is adequate to protect the NAAQS at the same level of
stringency as the current SIP. Open burning is generally controlled
under ARM 17.8, subchapter 6.
    The State recognizes, nonetheless, that the prohibition in ARM
17.8.604(1)(w) may have had a secondary result of ``essentially banning
open burning of any wood'' from asbestos-contaminated forests in the
Libby nonattainment area. Thus, the EPA is mindful that removing the
prohibition could increase the total acreage of land that may be
subjected to prescribed burns in the State. However, the Libby
nonattainment area includes the city of Libby and other developed areas
(i.e., not just forest land). Furthermore, as the State explained, any
prescribed burns would be controlled under ARM 17.8, subchapter 6,
including the application of BACT (e.g., scheduling of burning during
periods and seasons of good dispersion; minimizing smoke impacts;
limiting the amount of burning to be performed during any one time;
selecting sites that will minimize smoke impacts, etc.). Thus, the
slight increase in acreage available to burn is not reasonably expected
to result in a material increase in prescribed burning or a material
increase of emissions that would interfere with attainment or
maintenance of the NAAQS.
    As noted above, Montana's submittal included an air quality
analysis the State believes would demonstrate that the revised SIP will
be adequate to maintain the NAAQS. In particular, Montana's analysis
excludes certain monitor days flagged by the State as potentially
impacted by activities that are atypical or not expected to occur again
in the future. At this time, however, the State has not prepared any
demonstrations and EPA has not made any determination regarding whether
the flagged data should be excluded from the Air Quality System
database or any future regulatory determinations. While we take no
position on the flagged data at this time, for the reasons discussed
above, we agree that removing the prohibition in ARM 17.8.604(1)(w)
will not interfere with any applicable requirements concerning
attainment and RFP toward attainment of the NAAQS, or any other
applicable requirement of the Act. With respect to the removal of the
corresponding provision for Lincoln County, we note that we fully
approved the PM10 and PM2.5 attainment plans for
Lincoln County, and determined that the area attained by the applicable
attainment date for both standards. Thus, there are currently not any
attainment-related planning obligations for Lincoln County with which
the revision might interfere.
    As discussed above, PM10 and PM2.5 impacts in
Lincoln County are not believed to be attributable to open burning.
Indeed, emission inventories

and chemical mass balance studies linked PM10 impacts with
dust and, to a smaller degree, residential wood combustion. Similar
analyses for PM2.5 tied impacts primarily to residential
wood combustion. Further, open burning is subject to open burning
regulations, including the application of BACT. Thus, removal of the
Lincoln County provision that prohibits the burning of asbestos and
asbestos-containing materials will not interfere with any applicable
CAA requirement, including attainment and RFP.
    Finally, section 110(l) requires that each revision to the SIP
submitted by a state shall be adopted by the state after reasonable
notice and opportunity for public hearing. The DEQ held a public
comment period from October 18, 2017, to November 17, 2017, on the
proposed revision and received no public comments or requests for a
public hearing.

III. Proposed Action

    We are proposing to approve the following revisions to the Montana
SIP that were submitted on May 24, 2018: Removal of ARM 17.8.604(1)(w),
removal of the reference to ARM17.8.604(1)(w) in ARM 17.8.320(9), and
removal of 75.1.405(2)(w) in the Lincoln County Air Pollution Control
Program.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
remove ARM 17.8.604(1)(w), including the reference to ARM
17.8.604(1)(w) in ARM 17.8.320(9), and 75.1.405(2)(w) in the Lincoln
County Air Pollution Control Program from the Montana SIP. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 8 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 4, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-22206 Filed 10-11-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 19, 2010 (Volume 75, Number 96)]
[Notices]
[Page 28005-28009]
[DOCID:fr19my10-51]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0338; FRL-8822-9]

Notice of Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes a Notice
of Intent to Suspend issued by EPA pursuant to section 3(c)(2)(B) of
FIFRA. The Notice of Intent to Suspend was issued following the
Agency's issuance of a Data Call-In notice (DCI), which required the
registrants of the affected pesticide products containing a certain
pesticide active ingredient to take appropriate steps to secure certain
data, and following the registrant's failure to submit these data or to
take other appropriate steps to secure the required data. The subject
data were determined to be required to maintain in effect the existing
registrations of the affected products. Failure to comply with the data
requirements of a DCI is a basis for suspension of the affected
registrations under section 3(c)(2)(B) of FIFRA.

DATES: The Notice of Intent to Suspend included in this Federal
Register notice will become a final and effective suspension order
automatically by operation of law 30 days after the date of the
registrant's receipt of the mailed Notice of Intent to Suspend or 30
days after the date of publication of this notice in the Federal
Register (if the mailed Notice of Intent to Suspend is returned to the
Administrator as undeliverable, if delivery is refused, or if the
Administrator otherwise is unable to accomplish delivery to the
registrant after making reasonable efforts to do so), unless during
that time a timely and adequate request for a hearing is made by a
person adversely affected by the Notice of Intent to Suspend or the
registrant has satisfied the Administrator that the registrant has
complied fully with the requirements that served as a basis for the
Notice of Intent to Suspend. Unit IV., explains what must be done to
avoid suspension under this notice (i.e., how to request a hearing or
how to comply fully with the requirements that served as a basis for
the Notice of Intent to Suspend).

FOR FURTHER INFORMATION CONTACT: Terria Northern, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0338. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. Registrants Issued Notices of Intent to Suspend Active Ingredients,
Products Affected, and Dates Issued

    The Notices of Intent to Suspend was sent via the U.S. Postal
Service (USPS) return receipt requested to the registrants for the
products listed in Table 1 of this unit.

                                          Table 1. -- List of Products
----------------------------------------------------------------------------------------------------------------
                                                                                Date EPA Issued
       Registrant Affected         Active Ingredient   EPA Registration      Product Name      Notice of Intent
                                                            Number                                to Suspend
----------------------------------------------------------------------------------------------------------------
Nufarm Limited                    2,4-D               35935-16            2,4-D Sodium Salt   March 4, 2010
                                                                           Weed Killer
----------------------------------------------------------------------------------------------------------------
Nufarm Limited                    2,4-D               35935-19            Technical Sodium    March 4, 2010
                                                                           Salt of 2,4-D
----------------------------------------------------------------------------------------------------------------
Nufarm Americas Inc.              2,4-D               228-123             Riverdale Sodium    March 4, 2010
                                                                           Salt of 2,4-D
----------------------------------------------------------------------------------------------------------------

III. Basis for Issuance of Notice of Intent to Suspend; Requirement
List

    The registrants failed to submit the required data or information
or to take other appropriate steps to secure the required data for
their pesticide products listed in Table 2 of this unit.

                                                            Table 2. -- List of Requirements
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                                   Guideline Number                                                                                Reason for Notice
     EPA Registration Number         as Listed in      Requirement Name     Date EPA Issued     Date Registrant     Final Data Due       of Intent to
                                    Applicable DCI                                DCI            Received DCI            Date               Suspend
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.1100            Acute Oral          February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Toxicity
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.1200            Acute Dermal        February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Toxicity
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.1300            Acute Inhalation    February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Toxicity
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.2400            Acute Eye           February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Irritation
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.2500            Acute Dermal        February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Irritation
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          870.2600            Skin Sensitization  February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1550            Product Identity    February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       and Composition
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1600            Description of      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Materials Used to
228-123.........................                       Produce the
                                                       Product
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1620            Description of      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Production
228-123.........................                       Process
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1650            Description of      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Formulation
228-123.........................                       Process
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1670            Discussion of       February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Formation
228-123.........................                       Impurities
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1700            Preliminary         February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Analysis
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1750            Certified Limits    February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.1800            Enforcement of      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Analytical Method
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6302            Color               February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6303            Physical State      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6304            Odor                February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

35935-16                          830.6313            Stability to        February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Normal and
228-123.........................                       Elevated
                                                       Temperatures,
                                                       Metals and Metal
                                                       Ions
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6314            Oxidation/          February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Reduction:
228-123.........................                       Chemical
                                                       Incompatibility
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6315            Flammability        February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6316            Explodability       February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6319            Miscibility         February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.6321            Dielectric          February 28, 2007   March 16, 2007      November 7, 2008    No data received
35932-28........................                       Breakdown Voltage
1235-19.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7000            pH                  February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7050            UV/Visible          February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Absorption
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7100            Viscosity           February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7200            Melting Point/      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Melting Range
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7220            Boiling Point/      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Boiling Range
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7300            Density/Relative    February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Density/Bulk
228-123.........................                       Density
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7370            Dissociation        February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Constants in
228-123.........................                       Water
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7550            Partition           February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Coefficient,
228-123.........................                       Shake Flask
                                                       Method
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7570            Partition           February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Coefficient,
228-123.........................                       Estimation by
                                                       Liquid
                                                       Chromatograph
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7840            Water Solubility:   February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Column Elution
228-123.........................                       Method;
--------------------------------------------------------------------------------------------------------------------------------------------------------
35935-16                          830.7860            Water Solubility:   February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................                       Generator Column
228-123.........................                       Method
--------------------------------------------------------------------------------------------------------------------------------------------------------

35935-16                          830.7950            Vapor Pressure      February 28, 2007   March 16, 2007      November 7, 2008    No data received
35935-19........................
228-123.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. How to Avoid Suspension Under this Notice?

    1. You may avoid suspension under this notice if you or another
person adversely affected by this notice properly request a hearing
within 30 days of your receipt of the Notice of Intent to Suspend by
mail or, if you did not receive the notice that was sent to you via
USPS first class mail, return receipt requested, then within 30 days
from the date of publication of this Federal Register notice. If you
request a hearing, it will be conducted in accordance with the
requirements of section 6(d) of FIFRA and the Agency's procedural
regulations in 40 CFR part 164. Section 3(c)(2)(B) of FIFRA, however,
provides that the only allowable issues which may be addressed at the
hearing are whether you have failed to take the actions which are the
bases of this notice and whether the Agency's decision regarding the
disposition of existing stocks is consistent with FIFRA. Therefore, no
substantive allegation or legal argument concerning other issues,
including but not limited to the Agency's original decision to require
the submission of data or other information, the need for or utility of
any of the required data or other information or deadlines imposed, any
allegations of errors or unfairness in any proceedings before an
arbitrator, and the risks and benefits associated with continued
registration of the affected product, may be considered in the
proceeding. The Administrative Law Judge shall by order dismiss any
objections which have no bearing on the allowable issues which may be
considered in the proceeding. Section 3(c)(2)(B)(iv) of FIFRA provides
that any hearing must be held and a determination issued within 75 days
after receipt of a hearing request. This 75-day period may not be
extended unless all parties in the proceeding stipulate to such an
extension. If a hearing is properly requested, the Agency will issue a
final order at the conclusion of the hearing governing the suspension
of your product(s). A request for a hearing pursuant to this notice
must:
     Include specific objections which pertain to the allowable
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is
requested.
     Set forth all necessary supporting facts pertaining to any
of the objections which you have identified in your request for a
hearing.
If a hearing is requested by any person other than the registrant, that
person must also state specifically why he/she asserts that he/she
would be adversely affected by the suspension action described in this
notice. Three copies of the request must be submitted to:
    Hearing Clerk, 1900, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this
notice. The request must be received by the Hearing Clerk by the
applicable 30\th\ day deadline as measured from your receipt of the
Notice of Intent to Suspend by mail or publication of this notice, as
set forth in DATES and in Unit IV.1., in order to be legally effective.
The 30-day time limit is established by FIFRA and cannot be extended
for any reason. Failure to meet the 30-day time limit will result in
automatic suspension of your registration(s) by operation of law and,
under such circumstances, the suspension of the registration for your
affected product(s) will be final and effective at the close of
business on the applicable 30\th\ day deadline as measured from the
date of the Notice of Intent to Suspend by mail or the date of
publication of this notice in the Federal Register, as set forth in
DATES and in Unit IV.1., and will not be subject to further
administrative review. The Agency's rules of practice at 40 CFR 164.7
forbid anyone who may take part in deciding this case, at any stage of
the proceeding, from discussing the merits of the proceeding ex parte
with any party or with any person who has been connected with the
preparation or presentation of the proceeding as an advocate or in any
investigative or expert capacity, or with any of their representatives.
Accordingly, the following EPA offices, and the staffs thereof, are
designated as judicial staff to perform the judicial function of EPA in
any administrative hearings on this Notice of Intent to Suspend: The
Office of the Administrative Law Judges, the Office of the
Environmental Appeals Board, the Administrator, the Deputy
Administrator, and the members of the staff in the immediate offices of
the Administrator and Deputy Administrator. None of the persons
designated as the judicial staff shall have any ex parte communication
with trial staff or any other interested person not employed by EPA on
the merits of any of the issues involved in this proceeding, without
fully complying with the applicable regulations.
    2. Within the applicable 30 day deadline period as measured from
your receipt of the Notice of Intent to Suspend by mail or publication
of this notice, as set forth in DATES and in Unit IV.1., the Agency
determines that you have taken appropriate steps to comply with the
FIFRA section 3(c)(2)(B) Data Call-In notice. In order to avoid
suspension under this option, you must satisfactorily comply with Table
2. -- List of Requirements in Unit II., for each product by submitting
all required supporting data/information described in Table 2. of Unit.
II. and in the Explanatory Appendix (in the docket for this Federal
Register notice) to the following address (preferably by certified
mail):
    Office of Pesticide Programs, Pesticide Re-evaluation Division,
Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW.,Washington, DC 20460-0001.
For you to avoid automatic suspension under this notice, the Agency
must also determine within the applicable 30-day deadline period that
you have satisfied the requirements that are the bases of this notice
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the
Agency will be able to make the necessary determination in time to
avoid suspension of your product(s). The suspension of the
registration(s) of your company's product(s) pursuant to this notice
will be rescinded when the Agency determines you have complied fully
with the requirements which were the bases of this notice. Such

compliance may only be achieved by submission of the data/information
described in Table 2 of Unit II.

V. Status of Products that Become Suspended

    Your product will remain suspended, however, until the Agency
determines you are in compliance with the requirements which are the
bases of this notice and so informs you in writing.
    After the suspension becomes final and effective, the registrant(s)
subject to this notice, including all supplemental registrants of
product(s) listed in Table 1 of Unit II., may not legally distribute,
sell, use, offer for sale, hold for sale, ship, deliver for shipment,
or receive and (having so received) deliver or offer to deliver, to any
person, the product(s) listed in Table 1 of Unit II. Persons other than
the registrant(s) subject to this notice, as defined in the preceding
sentence, may continue to distribute, sell, use, offer for sale, hold
for sale, ship, deliver for shipment, or receive and (having so
received) deliver or offer to deliver, to any person, the product(s)
listed in Table 1 of Unit II. Nothing in this notice authorizes any
person to distribute, sell, use, offer for sale, hold for sale, ship,
deliver for shipment, or receive and (having so received) deliver or
offer to deliver, to any person, the product(s) listed in Table 1 of
Unit II. in any manner which would have been unlawful prior to the
suspension.
    If the registration(s) for your product(s) listed in Table 1 of
Unit II. are currently suspended as a result of failure to comply with
another FIFRA section 3(c)(2)(B) Data Call-In notice or Section 4 Data
Requirements notice, this notice, when it becomes a final and effective
order of suspension, will be in addition to any existing suspension,
i.e., all requirements which are the bases of the suspension must be
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all
supplementary registered distributors of a basic registered product
that this suspension action also applies to their supplementary
registered products. The basic registrant may be held liable for
violations committed by their distributors.
    Any questions about the requirements and procedures set forth in
this notice or in the subject FIFRA section 3(c)(2)(B) Data Call-In
notice, should be addressed to the person listed under FOR FURTHER
INFORMATION CONTACT.

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

    The Agency's authority for taking this action is contained in
sections 3(c)(2)(B) and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 7, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticides
Programs.
[FR Doc. 2010-11833 Filed 5-18-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]
[Page 8372-8373]
[DOCID:fr26fe07-80]

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

Federal Energy Regulatory Commission

Combined Notice of Filings 1

February 20, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-4-000.
    Applicants: Aquila, Inc.; MEP Pleasant Hill LLC.
    Description: Aquila, Inc. and MEP Pleasant Hill LLC submit a
withdrawal of their application filed 10/12/06.
    Filed Date: 02/02/2007.
    Accession Number: 20070202-5015.
    Comment Date: 5 p.m. Eastern Time on Friday, February 23, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER99-2948-010; ER00-2918-009; ER00-2917-009; ER97-
2261-020; ER01-556-008; ER01-1654-011; ER02-2567-009; ER02-699-003;
ER01-1949-009; ER04-485-006; ER07-247-01; ER07-245-001; ER07-244-001.
    Applicants: Baltimore Gas and Electric Company; Constellation Power
Source Generation, Inc.; Calvert Cliffs Nuclear Power Plant, Inc.;
Constellation Energy Commodities Group, Inc.; Handsome Lake Energy,
LLC; Nine Mile Point Nuclear Station, LLC; Constellation NewEnergy,
Inc.; Constellation Energy Commodities Group Maine, LLC; Power Provider
LLC; R.E. Ginna Nuclear Power Plant, LLC; Raven One, LLC; Raven Two,
LLC; Raven Three, LLC.
    Description: Constellation Energy Group, Inc, et al, submit a
Notice of Change in Status in their market-based rate entities.
    Filed Date: 02/09/2007.
    Accession Number: 20070216-0250.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER02-488-005.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to its Operating Protocol for Existing
Generators, FERC Electric Tariff, First Revised Rate Schedule 4.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0084.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.

    Docket Numbers: ER03-1001-002.
    Applicants: Galt Power Inc.
    Description: Galt Power, Inc submits its triennial market power
update.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0085.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.

    Docket Numbers: ER04-157-016.
    Applicants: Vermont Electric Cooperative, Inc.
    Description: Vermont Electric Cooperative, Inc submits a compliance
filing recalculations and supporting documentation reflecting the
modification of charges etc.
    Filed Date: 02/01/2007.
    Accession Number: 20070202-0227.
    Comment Date: 5 p.m. Eastern Time on Monday, February 26, 2007.

    Docket Numbers: ER04-691-081.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits its responses to FERC's letter dated 1/26/07 seeking additional
information on the Midwest ISO's compliance filing dated 2/26/06.
    Filed Date: 02/12/2007.
    Accession Number: 20070214-0004.
    Comment Date: 5 p.m. Eastern Time on Monday, February 26, 2007.

    Docket Numbers: ER05-636-006.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator Inc
submits an errata to its 1/16/07 Filing of a Supplement to Compliance
Filing of Large Generator Interconnection Agreement.
    Filed Date: 02/09/2007.
    Accession Number: 20070214-0008.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER06-435-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator Inc
submits an amended Large Generator Interconnection Agreement among
Great River Energy.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0032.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER06-185-007.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits an
Informational Report Setting Forth Timetable for Completion of RTGP
Based Bill Corrections of New York Independent System Operator, Inc.
    Filed Date: 02/01/2007.
    Accession Number: 20070201-5051.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Docket Numbers: ER06-1014-002.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits a
Price Validation Informational Report.
    Filed Date: 02/01/2007.
    Accession Number: 20070131-5088.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Docket Numbers: ER07-150-002.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits its Open
Access Transmission Tariff in compliance with the Commission's Letter
Order issued 12/20/06.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0034.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-166-001.
    Applicants: Texas New Mexico Power Company.
    Description: Public Service Company of New Mexico submits its
compliance filing with FERC's 12/21/06 Order.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0035.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-231-001.
    Applicants: PJM Interconnection, LLC; New York Independent System
Operator, Inc.; ISO New England Inc.
    Description: PJM Interconnection, LLC et al submits rate schedule
and tariff sheets that reflect for the three respective control areas
in conformance w/ Order 614 etc under ER07-231.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0029.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.

    Docket Numbers: ER07-412-001.
    Applicants: ECP Energy I, LLC.
    Description: ECP Energy I, LLC submits an amendment to application
of ECP Energy I, LLC for order accepting initial tariff, waiving
regulations, and granting blanket approvals.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0036.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-430-001.
    Applicants: Dunhill Power, L.P.
    Description: Dunhill Power, LP submits a response to FERC's request
for clarification on the upstream ownership.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0087.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.

    Docket Numbers: ER07-529-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.

    Description: Midwest Independent Transmission System Operator, Inc
submits revisions to their FERC Electric tariff, Third Revised Volume 1
under ER07-529.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0045.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-530-000.
    Applicants: Red Shield Environmental, L.L.C.
    Description: Red Shield Environmental, LLC submits its FERC
Electric Rate Schedule 1.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0044.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-531-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits an executed Wholesale
Market Participation Agreement with Millenium Inorganic Chemicals, Inc
et al.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0043.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.

    Docket Numbers: ER07-533-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to the Midwest ISO Open Access Transmission
and Energy Markets Tariff.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0028.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.

    Docket Numbers: ER07-534-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Louisville Gas and Electric Co et al submits a service
agreement under LG&E/KU Tariff for Cost-Based Sales of Capacity and
Energy.
    Filed Date: 02/12/2007.
    Accession Number: 20070213-0086.
    Comment Date: 5 p.m. Eastern Time on Monday, March 05, 2007.
    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES07-20-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp's
application under Section 204 of the Federal Power Act for an order
authorizing the issuance of securities in an amount not to exceed $60
million.
    Filed Date: 02/09/2007.
    Accession Number: 20070212-0033.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.
    Take notice that the Commission received the following foreign
utility company status filings:
    Docket Numbers: FC07-9-000.
    Applicants: AES TEG TEP Holdings B.V.
    Description: AES TEG/TEP Holdings Notification of Self-
Certification of Foreign Utility Company Status.
    Filed Date: 02/09/2007.
    Accession Number: 20070209-5083.
    Comment Date: 5 p.m. Eastern Time on Friday, March 02, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-3229 Filed 2-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24151-24153]
[FR Doc No: 2016-09455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77652; File No. SR-CHX-2016-05]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt the CHX SNAP Incentive Program

April 19, 2016.
    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 April 6, 2016, the Chicago Stock Exchange, Inc. (``CHX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    CHX proposes amend its Schedule of Fees and Assessments (the ``Fee
Schedule'') to adopt the CHX SNAP Incentive Program. The text of this
proposed rule change is available on the Exchange's Web site at
(www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX has prepared summaries, set forth in sections A,
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to adopt the CHX Sub-second Non-displayed
Auction Process (``SNAP'') Incentive Program (``SAIP''). On October 6,
2015, the Securities and Exchange Commission (``SEC'') approved the
Exchange's proposed rule change to adopt SNAP, an intra-day on-demand
auction service, which would be initiated on the Exchange in a security
upon receipt of a valid Start SNAP order submitted by a Participant.\3\
In order to incentivize Participants to utilize the SNAP functionality,
the Exchange will not be assessing any fees for executions that occur
during the stage four Order Matching Period of a SNAP Cycle (``SNAP
executions''),\4\ pursuant to Section E.9 of the Fee Schedule.\5\
---------------------------------------------------------------------------

    \3\ The SNAP functionality is not yet operative and will become
operative with two weeks' notice by the Exchange to its
Participants. See Securities Exchange Act Release No. 76087 (October
6, 2015), 80 FR 61540 (October 13, 2015); see also Securities
Exchange Act Release No. 75346 (July 1, 2015), 80 FR 39172 (July 8,
2015) (SR-CHX-2015-03); see also CHX Article 1, Rule 2(h)(1)
defining ``Start SNAP''; see also generally CHX Article 18, Rule 1.
    \4\ See id.; see also CHX Article 18, Rule 1(b)(4).
    \5\ See Securities Exchange Act Release No. 76249 (October 23,
2015), 80 FR 66603 (October 29, 2015) (SR-CHX-2015-06).
---------------------------------------------------------------------------

    The Exchange now proposes to adopt the SAIP to further incentivize
Participants to initiate SNAP Cycles. Proposed Section Q begins by
providing that the SAIP shall begin on the operative date of the SNAP
functionality, shall be divided into two consecutive parts and shall
conclude at the end of Part 2, as described below.\6\ It continues by
providing that for each SNAP Cycle initiated by a Start SNAP order, the
Exchange shall attribute to the Participant that submitted the
initiating Start SNAP order an SAIP rebate based on the total number of
shares executed (``eligible executed shares'') -1- within the Matching
System during the stage four Order Matching Period and -2- away during
the stage three Pricing and Satisfaction Period, if such away
executions are confirmed during the same stage three Pricing and
Satisfaction Period, pursuant to the following table:
---------------------------------------------------------------------------

    \6\ See supra note 3.

----------------------------------------------------------------------------------------------------------------
                                                                                Cap per SNAP
                                                                      Rate                             Cycle
----------------------------------------------------------------------------------------------------------------
Part 1........................................  $0.0050 per eligible executed share.............         $250.00
Part 2........................................  $0.0025 per eligible executed share.............          125.00
----------------------------------------------------------------------------------------------------------------

    Proposed Section Q further provides that Part 1 will end upon
attribution of the SAIP rebate (or rebates, if two or more SNAP Cycles
with eligible executed shares were initiated in different securities at
precisely the same time) that results in either -1- $50,000 of total
rebates attributed or -2- over $50,000 total rebates attributed if the
total rebates attributed immediately prior to the attribution of the
relevant SAIP rebate(s) was less than $50,000. Moreover, Part 2 will
end upon attribution of the SAIP rebate (or rebates, if two or more
SNAP Cycles

with eligible executed shares were initiated in different securities at
precisely the same time) that results in either -1- $100,000 of total
rebates attributed or -2- over $100,000 total rebates attributed if the
total rebates attributed immediately prior to the attribution of the
relevant SAIP rebate(s) was less than $100,000.
    The Exchange notes that the initiating Participant may receive a
SAIP rebate even if its Start SNAP order did not receive any
executions. This may result if the SNAP Price \7\ is calculated to be
at a price point more aggressive than the limit price of the Start SNAP
order. The Exchange submits that this possibility is acceptable in
light of the purpose of the SAIP, which is to incentivize Participants
to initiate successful SNAP Cycles, regardless of which Participants
receive executions. The Exchange further notes that in the event two or
more SNAP Cycles in different securities with eligible executed shares
are initiated at precisely the same time \8\ and the conclusion of such
SNAP Cycles would result in the end of Part 1 or Part 2 of the SAIP,
all Participants would be attributed the appropriate SAIP rebate based
on the same rate and cap, as illustrated in the below examples.
---------------------------------------------------------------------------

    \7\ See supra note 3; see also CHX Article 1, Rule 1(rr).
    \8\ Only one SNAP Cycle may occur at a time in a given security.
See supra note 3; see also CHX Article 1, Rule 2(h)(1)(A)(iii) and
Article 18, Rule 1(a).
---------------------------------------------------------------------------

    The following examples illustrate how the SAIP rebates would be
attributed pursuant to proposed Section Q:
    Example 1. Assume that the total SAIP rebates attributed to all
Participants pursuant to proposed Section Q is $49,900. Assume then
that a SNAP Cycle is initiated by Participant A in security XYZ, which
results in 70,000 eligible executed shares during the SNAP Cycle.
    Under this Example 1, the SAIP rebate attributed to Participant A
would be $250.00, even though the product of $0.0050 per eligible
executed share and 70,000 eligible executed shares is $350.00, because
SAIP rebates are capped at $250.00 during Part 1. Moreover, since the
SAIP rebate attributed to Participant A would result in at least
$50,000 total SAIP rebates attributed (i.e., $50,150), the next SAIP
rebate attributed would be calculated pursuant to Part 2 of the SAIP.
    Example 2. Assume that the total SAIP rebates attributed to all
Participants pursuant to proposed Section Q is $99,900. Assume then
that a SNAP Cycle is initiated by Participant B in security XYZ, which
results in 40,000 eligible executed shares during the SNAP Cycle.
    Under this Example 2, the SAIP rebate attributed to Participant B
would be $100.00 because the SAIP is in Part 2 and the product of
$0.0025 per eligible share and 40,000 eligible executed shares is
$100.00. Moreover, since the SAIP rebate attributed to Participant B
would result in at least $100,000 total SAIP rebates attributed (i.e.,
$100,000 total SAIP rebates attributed), the SAIP would be terminated.
    Example 3. Assume the same as Example 2 and that a SNAP Cycle is
initiated by Participant C in security ABC that results in the same
number of eligible executed shares as in Example 2. Assume also that
the SNAP Cycle initiated by Participant C was initiated at precisely
the same time as the SNAP Cycle initiated by Participant B.
    Under this Example 3, both Participant B and C would receive a SAIP
rebate of $100.00 because the Exchange was not able to ascertain
precisely which SNAP Cycle was initiated first. The SAIP would then be
terminated.
Notice of Conclusion of Part 1 and Part 2 of the SAIP
    After the conclusion of each trading day, the Exchange will
calculate the aggregate number of eligible executed shares from all
previous trading days. Based on this figure, the Exchange will notify
Participants via Information Memorandum prior to the next trading day
that Part 1 or Part 2 of the SAIP had concluded on the previous trading
day, as applicable. After the conclusion of the SAIP, the Exchange will
file a proposed rule change to either extend or eliminate the SAIP.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \9\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \10\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and other persons using its facilities.
Specifically, the SAIP is equitable because it is available to all
Participants. Moreover, the amount of the credit is reasonable in light
of the rebate caps of $250.00 and $125.00 for Parts 1 and 2 of the
SAIP, respectively, which are small amounts relative to the anticipated
large aggregate values of eligible executed shares. The Exchange also
believes that permitting a Start SNAP order sender to receive a SAIP
rebate for eligible executed shares, even where the Start SNAP order
itself did not receive any executions, is reasonable because the
purpose of the SAIP is to incentivize Participants to initiate SNAP
Cycles, which is achieved upon acceptance of a valid Start SNAP order.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels set by
the Exchange to be excessive. The Exchange believes that the proposed
SAIP will encourage Participants to initiate SNAP Cycles, which is an
innovative trading functionality that addresses a market need.\11\
Thus, the proposed rule change is a competitive proposal that is
intended to enhance liquidity and increase order executions on the
Exchange, which will, in turn, benefit the Exchange and all
Participants. Moreover, the Exchange notes that the SAIP is similar to
liquidity provide or remove credits for executions resulting from
single-sided orders that are offered by virtually every national
securities exchange.\12\
---------------------------------------------------------------------------

    \11\ See supra note 3; see also Mary Jo White, Chair, Securities
and Exchange Commission, Speech at Sandler O'Neil & Partners L.P.
Global Exchange and Brokerage Conference (June 5, 2014).
    \12\ See e.g., Section E.1 of the CHX Fee Schedule; see also
e.g., NYSE Arca Equities Schedule of Fees and Charges for Exchange
Services Tier 1 credits for provide liquidity orders in Tapes A and
C securities; see also e.g., Bats BYX Exchange Fee Schedule
``Standard Rates.''
---------------------------------------------------------------------------

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \13\ and subparagraph(f)(2) of Rule
19b-4 thereunder \14\ because it establishes or changes a due, fee or
other charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).

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

    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 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-CHX-2016-05 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-CHX-2016-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CHX-2016-05, and should be
submitted on or before May 16, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-09455 Filed 4-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49487-49489]
[DOCID:fr13au10-52]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9189-3; Docket ID No. EPA-HQ-ORD-2010-0658]

Nanomaterial Case Study: Nanoscale Silver in Disinfectant Spray

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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

SUMMARY: EPA is announcing a 45-day public comment period for the draft
document ``Nanomaterial Case Study: Nanoscale Silver in Disinfectant
Spray'' (EPA/600/R-10/081). The document is being issued by the
National Center for Environmental Assessment within EPA's Office of
Research and Development. The draft is intended to serve as part of a
process to help identify and prioritize scientific and technical
information that could be used in conducting comprehensive
environmental assessments of selected nanomaterials. It does not
attempt to draw conclusions regarding potential environmental risks of
nanoscale silver; rather, it aims to identify what is known and unknown
about nanoscale silver to support future assessment efforts.
    When finalizing the draft document, EPA intends to consider any
public comments that EPA receives in accordance with this notice.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination review under applicable information quality guidelines.
This document has not been formally disseminated by EPA. It does not
represent and should not be construed to represent any Agency policy or
determination.
    The draft document is available via the Internet on the NCEA home
page under the Recent Additions and the Data and Publications menus at
http://www.epa.gov/ncea.

DATES: The 45-day public comment period begins August 13, 2010, and
ends September 27, 2010. Technical comments should be in writing and
must be received by EPA by September 27, 2010.

ADDRESSES: The draft ``Nanomaterial Case Study: Nanoscale Silver in
Disinfectant Spray'' is available primarily via the Internet on the
National Center for Environmental Assessment's home page under the
Recent Additions and the Data and Publications menus at http://
www.epa.gov/ncea. A limited number of paper copies are available from
Deborah Wales, NCEA-RTP, Research Triangle Park, NC 27711; phone: (919)
541-4731; facsimile:<PHONE_NUMBER>. If you are requesting a paper
copy, please provide your name, your mailing address, and the document
title, ``Nanomaterial Case Study: Nanoscale Silver in Disinfectant
Spray.''
    Comments may be submitted electronically via http://
www.regulations.gov, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>    For technical information, contact Dr. J. Michael Davis, NCEA;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Project/Document

    Engineered nanoscale materials (nanomaterials) have been described
as having at least one dimension between 1 and 100 nanometers (nm).
They often have novel or unique properties that can arise from their
small size. Like all technological developments, nanomaterials offer
the potential for both benefits and risks. The assessment of such risks
and benefits requires information, but given the nascent state of
nanotechnology, much remains to be learned about the characteristics
and effects of nanomaterials. The draft document ``Nanomaterial Case
Study: Nanoscale Silver in Disinfectant Spray'' is intended to
highlight what is known and unknown about nanoscale silver (nano-Ag) as
part of a process to identify and prioritize information gaps relevant
to assessing the broad environmental implications, including potential
ecological as well as human health impacts, of nanomaterials.
    The complex properties of various nanomaterials make it difficult
to evaluate them in the abstract or with generalizations. Thus, this
document focuses on a specific example of nano-Ag in disinfectant spray
products. This ``case study'' does not represent a completed or even a
preliminary assessment; rather, it uses an assessment framework known
as comprehensive environmental assessment (CEA), which starts with the
product life cycle but encompasses fate and transport processes in
various environmental media, exposure-dose characterization, and
ecological and health effects, as well as other direct and indirect
ramifications of both primary and secondary substances or stressors
associated with a nanomaterial. The CEA approach is both a framework
and a process; the latter aspect employs a collective judgment process
that will be the subject of a future announcement.
    Previous EPA case studies focused on nanoscale titanium dioxide
used in drinking water treatment and in topical sunscreen (U.S. EPA.
Nanomaterial Case Studies: Nanoscale Titanium Dioxide in Water
Treatment and in Topical Sunscreen (External Review Draft). U.S.
Environmental Protection Agency, Washington, DC, EPA/600/R-09/057,
2009, available at: http://cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=210206).

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

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2010-
0658, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-
566-1752.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, Room 3334 EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center's Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments by mail or hand delivery, please submit
three copies of the comments. For attachments, provide an index, number
pages consecutively with the comments, and submit an unbound original
and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2010-0658. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: August 3, 2010.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-20083 Filed 8-12-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Page 36401]
[FR Doc No: 2020-12923]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2014-000]

Rattlesnake Flat, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Rattlesnake Flat, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 30, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 10, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12923 Filed 6-15-20; 8:45 am]
BILLING CODE 6717-01-P