[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Page 73036]
[FR Doc No: 2020-25207]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-331-000]

DDP Specialty Electronic Materials US, Inc.; 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
DDP Specialty Electronic Materials US, Inc.'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 November 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: November 9, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25207 Filed 11-13-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7826-7828]
[FR Doc No: 2013-02298]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68752; File No. SR-BATS-2013-003]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
BATS Rules in Connection With the Elimination of Discretionary Orders
for BATS Options

January 29, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 18, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend BATS Rule 21.1, entitled
``Definitions,'' to remove an order type, a Discretionary Order, from
the types of orders allowed by the BATS options market (``BATS
Options'').
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend BATS Rule 21.1
to remove Discretionary Orders from the types of orders allowed by BATS
Options.
    As currently offered, Discretionary Orders allow Exchange Users \5\
to enter orders that have a displayed price and size, as well as a non-
displayed discretionary price range, at which the entering party, if
necessary, is also willing to buy or sell. The Exchange adopted the
Discretionary Order order type for BATS Options based on

experience with an identical order type offered on the Exchange's cash
equities platform. Although the Exchange believed that Discretionary
Orders would translate well to BATS Options, Discretionary Orders have
not been widely used on BATS Options; to the extent Discretionary
Orders have been used on BATS Options, BATS has observed that it does
not appear that the Discretionary Order order type incentivizes
Exchange Users to enter aggressively priced, displayed liquidity that
effectively contributes to the price discovery process. Accordingly,
the Exchange proposes to remove the ability to submit a Discretionary
Order to BATS Options, and thus, to delete reference to Discretionary
Orders in Rule 21.1. The Exchange does not propose any difference to
the existing discretionary functionality for the Exchange's cash
equities trading platform.
---------------------------------------------------------------------------

    \5\ As defined in BATS Rule 1.5(cc), the term ``User'' means
``any Member or Sponsored Participant who is authorized to obtain
access to the System pursuant to BATS Rule 11.3.''
---------------------------------------------------------------------------

2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\6\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\7\
because it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system, and, in general, protect investors and
the public interest. Specifically, the Exchange believes that
elimination of Discretionary Orders for BATS Options will enhance price
discovery and aggressively priced, displayed liquidity on BATS Options,
which will have potential benefits for all market participants.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition. As noted above, the proposal would eliminate
an order type that is not offered by any other options exchange.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \11\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay because the Exchange
plans to stop supporting the Discretionary Order order type as of
February 1, 2013. Furthermore, the Exchange notes that the
Discretionary Order order type is not widely used on the BATS Options
market and, as such, the Exchange does not believe that discontinuing
its availability would negatively affect Exchange Users or the
Exchange's market. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-BATS-2013-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2013-003. 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-BATS-2013-003 and should be
submitted on or before February 25, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02298 Filed 2-1-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Proposed Rules]
[Pages 41369-41370]
[FR Doc No: 2023-13484]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60 and 63

[EPA-HQ-OAR-2022-0730; FRL-9327-03-OAR]
RIN 2060-AU71

New Source Performance Standards for the Synthetic Organic
Chemical Manufacturing Industry and National Emission Standards for
Hazardous Air Pollutants for the Synthetic Organic Chemical
Manufacturing Industry and Group I & II Polymers and Resins Industry;
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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

SUMMARY: On April 25, 2023, the U.S. Environmental Protection Agency
(EPA) proposed a rule titled ``New Source Performance Standards for the
Synthetic Organic Chemical Manufacturing Industry and National Emission
Standards for Hazardous Air Pollutants for the Synthetic Organic
Chemical Manufacturing Industry and Group I & II Polymers and Resins
Industry.'' The EPA is extending the comment period on this proposed
rule that currently closes on June 26, 2023, by 11 days. The comment
period will now remain open until July 7, 2023, to allow additional
time for stakeholders to review and comment on the proposal.

DATES: The public comment period for the proposed rule published in the
Federal Register (FR) on April 25, 2023 (88 FR 25080), originally
ending June 26, 2023, is being extended by 11 days. Written comments
must now be received on or before July 7, 2023.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-HQ-OAR-
2022-0730, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2022-0730 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2022-0730.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2022-0730, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.

     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions. All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Njeri Moeller, Sector Policies and Programs Division (E143-01),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, P.O. Box 12055, Research Triangle Park, North
Carolina 27711; telephone number:<PHONE_NUMBER>; and email address:
[email protected].

SUPPLEMENTARY INFORMATION:
    Rationale. On April 25, 2023, the U.S. Environmental Protection
Agency (EPA) proposed a rule titled ``New Source Performance Standards
for the Synthetic Organic Chemical Manufacturing Industry and National
Emission Standards for Hazardous Air Pollutants for the Synthetic
Organic Chemical Manufacturing Industry and Group I & II Polymers and
Resins Industry.'' 88 FR 25080. The comment period on this proposed
rule currently closes on June 26, 2023. The EPA has received numerous
requests for additional time to review and comment on this proposed
rule. The EPA has decided to extend the period by 11 days. The public
comment period will now end on July 7, 2023. This notice supersedes any
prior responses to requests to extend the comment period for this
rulemaking.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2022-0730. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. With the exception of such material, publicly available docket
materials are available electronically in Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2022-0730. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically to https://www.regulations.gov/
any information that you consider to be CBI or other information whose
disclosure is restricted by statute. This type of information should be
submitted as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA, note the docket ID,
mark the outside of the digital storage media as CBI, and identify
electronically within the digital storage media the specific
information that is claimed as CBI. In addition to one complete version
of the comments that includes information claimed as CBI, you must
submit a copy of the comments that does not contain the information
claimed as CBI directly to the public docket through the procedures
outlined in instructions above. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI and note the docket ID.
Information not marked as CBI will be included in the public docket and
the EPA's electronic public docket without prior notice. Information
marked as CBI will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address [email protected], and as
described above, should include clear CBI markings and note the docket
ID. If assistance is needed with submitting large electronic files that
exceed the file size limit for email attachments, and if you do not
have your own file sharing service, please email [email protected] to
request a file transfer link. If sending CBI information through the
postal service, please send it to the following address: OAQPS Document
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
P.O. Box 12055, Research Triangle Park, North Carolina 27711, Attention
Docket ID No. EPA-HQ-OAR-2022-0730. The mailed CBI material should be
double wrapped and clearly marked. Any CBI markings should not show
through the outer envelope.

Penny Lassiter,
Director, Sector Policies and Programs Division.
[FR Doc. 2023-13484 Filed 6-23-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9266-9267]
[FR Doc No: 2015-03524]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9019-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.
    Weekly receipt of Environmental Impact Statements Filed 02/09/2015
Through 02/13/2015 Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

    EIS No. 20150035, Final EIS, FHWA, TX, US 69/Loop 49 North Lindale
Reliever Route, from IH 20 Southwest of Lindale to US 69 North of
Lindale, Review Period Ends: 03/23/2015, Contact: Vernon Webb 903-510-
9296.

    EIS No. 20150036, Second Final Supplement, BOEM, AK, Chukchi Sea
Planning Area, Oil and Gas Lease, Sale 193, Review Period Ends: 03/23/
2015, Contact: Tim Holder<PHONE_NUMBER>.

    EIS No. 20150037, Draft EIS, USFS, OR, Granite Creek Watershed
Mining Project, Comment Period Ends: 04/06/2015, Contact: Sophia Millar
541-263-1735.

    EIS No. 20150038, Final EIS, USFS, ID, Crooked River Valley
Rehabilitation Project, Review Period Ends: 04/13/2015, Contact: Jennie
Fischer<PHONE_NUMBER>.

    EIS No. 20150039, Draft EIS, USACE, TX, Lower Bois D'Arc Creek
Reservoir, Comment Period Ends: 04/21/2015, Contact: Andrew Commer 918-
669-7400.

    EIS No. 20150040, Final EIS, USFWS, ID, Deer Flat National Wildlife
Refuge Comprehensive Conservation Plan, Review Period Ends: 03/23/2015,
Contact: Annette de Knijf<PHONE_NUMBER>.

Amended Notices

    EIS No. 20150028, Final EIS, USFS, ID, Clear Creek Integrated
Restoration Project, Review Period Ends: 03/16/2015, Contact: Lois Hill
208-935-4258. Revision to FR Notice Published 02/13/2015; Correction to
Agency Contact Phone Number should be<PHONE_NUMBER>.

    EIS No. 20150034, Final EIS, USACE, OR, Double-crested Cormorant

Management Plan to Reduce Predation of Juvenile Salmonids in the
Columbia River Estuary, Review Period Ends: 03/16/2015, Contact: Robert
Winters<PHONE_NUMBER>. Revision to FR Notice Published 02/13/2015;
Correction to Document Status should be Final EIS.

    Dated: February 17, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-03524 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Page 42714]
[FR Doc No: 2023-14056]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2234-000]

Algodon Solar Energy 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
Algodon Solar Energy 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 July 17, 2023.
    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://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 27, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14056 Filed 6-30-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Notices]
[Page 9399-9401]
[DOCID:fr23fe06-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53317; File No. SR-NASD-2005-156]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto To Modify Fees for the use of
Nasdaq's Application Programming Interface Protocol by NASD Members

February 15, 2006.

    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 December 30, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), 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 Nasdaq. On January 27,
2006, Nasdaq filed Amendment No. 1 to the proposed rule change.\3\
Nasdaq has designated this proposal as establishing or changing a due,
fee, or other charge of a self-regulatory organization, pursuant to
section 19(b)(3)(A)(ii) of the Act,\4\ and Rule 19b-4(f)(2)
thereunder,\5\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit

comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 modified the proposal to reflect the
transition of the final non-member user of the API protocol in the
first week of January 2006. For purposes of calculating the 60-day
abrogation period, the Commission considers the period to have
commenced on January 27, 2006, the date Nasdaq filed Amendment No.
1. 15 U.S.C. 78s(b)(3)(C).
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    Nasdaq proposes to amend NASD Rule 7010 to modify fees for use of
Nasdaq's Application Programming Interface (``API'') protocol by NASD
members. Nasdaq will implement the proposed rule change on January 1,
2006.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

7000. CHARGES FOR SERVICES AND EQUIPMENT
7010. System Services

    (a)-(e) No change.
    (f) Access Services. The following charges are assessed by Nasdaq
for connectivity to the Nasdaq Market Center (NMC) and, where
indicated, to Nasdaq's Brut Facility (Brut).
    (1) Legacy Nasdaq Workstation TM Service
    (A) The following charges shall apply to the receipt of Level 2 or
Level 3 Nasdaq Service via equipment and communications linkages
prescribed for the Nasdaq Workstation II Service:

Service Charge.........................  $[2,035]8,000/month per service
                                          delivery platform (``SDP'')
                                          connected via T1 circuits.
                                         [$1,000/month per SDP connected
                                          via Digital Subscriber Line
                                          (``DSL''), plus $1,000 per DSL
                                          early termination fee if
                                          service is terminated within
                                          60 days of installation].
Display Charge.........................  $525/month per logon for the
                                          first 150 logons.
                                         $200/month for each additional
                                          logon.
Additional Circuit/SDP Charge..........  $[3,235]8,000/month.
PD and SDP Maintenance:
    Monthly maintenance agreement......  $55/presentation device
                                          (``PD'') logon or SDP/month.
    Hourly fee for maintenance provided  $195 per hour (two hour
     without monthly maintenance          minimum), plus cost of parts.
     agreement.
ECN Direct Connection..................  $1,200 per port pair per month.

    (B)--(C) No change.
    [(D) DSL service (i) shall be provided solely to NASD members
without API logons, (ii) shall be provided to only one SDP per
location, and (iii) may not be used in connection with SDP T1 circuit
connections at the same location. A subscriber with an SDP connected to
Nasdaq via T1 circuits that orders DSL on or before June 1, 2004 shall
not be required to pay charges under Rule 7040 for initial
disconnection of T1 circuits and installation of DSL. In addition, if
such a subscriber cancels DSL service within 10 business days of its
first date of DSL service, the subscriber shall not be required to pay
the early termination fee or charges under Rule 7040 for disconnection
of DSL and reinstallation of T1 circuits.]
    (2)-(4) No change.
    (g)-(w) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq 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
    As described in SR-NASD-2005-002,\6\ Nasdaq is in the process of
sunsetting its API protocol. Although the API protocol supports a high
volume of message traffic, it requires the use of a Service Delivery
Platform (``SDP''), a hardware unit located at the subscriber's
premises, resulting in comparatively higher communications and
infrastructure costs for firms using API. As a result, Nasdaq has
developed the Nasdaq Information Exchange or ``QIX,'' a new proprietary
protocol that does not require use of an SDP. Nasdaq believes that QIX
offers the benefits of the API protocol but at a significantly reduced
cost to its users. QIX has been available for use in production since
January 2005.
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 51170 (February 9,
2005), 70 FR 7988 (February 16, 2005).
---------------------------------------------------------------------------

    For the last ten months, Nasdaq has been working with users of the
API protocol to transition them to QIX and/or one of Nasdaq's other
telecommunication protocols, the Financial Information Exchange
(``FIX''), the Computer-to-Computer Interface (``CTCI''), or internet-
based Nasdaq Workstations. Nevertheless, several users of the API are
not yet ready to make their transition, and therefore Nasdaq is
extending the sunset date into the first quarter of 2006. As the number
of API users decreases, however, Nasdaq must spread the significant
fixed costs associated with operation of the protocol over a smaller
customer base. As a result, an increase in the fees associated with use
of the protocol is necessary to allow Nasdaq to recoup a greater
portion of its costs. Specifically, effective January 1, 2006, Nasdaq
will increase the service charge assessed for each SDP from $2,035 per
month to $8,000 per month. Nasdaq will also increase the additional
circuit/SDP charge from $3,235 per month to $8,000 per month. As
described in NASD Rule 7010(f)(1)(C), this charge is assessed when
subscribers make inefficient use of their SDPs and/or the T1 circuits
used to connect SDPs to Nasdaq. Nasdaq is, however, eliminating the
$1,000 per month charge for SDPs connected to Nasdaq via DSL lines,
because all users of such SDPs have transitioned to other access
protocols.\7\
---------------------------------------------------------------------------

    \7\ This proposed rule change applies solely to NASD members.
The final non-member user of the API protocol transitioned away from
the protocol in the first week of January 2006.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes the proposed rule change is consistent with the
provisions of section 15A of the Act,\8\ in general, and sections
15A(b)(5) \9\ of the Act, in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
members and issuers and other persons using any facility or system
which the NASD operates or controls. The proposed rule change will
allow Nasdaq to recoup

more of the costs associated with continued operation of the API
protocol for the benefit of a decreasing number of subscribers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3.
    \9\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The proposed rule change has become effective pursuant to section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\11\ because it establishes or changes a due, fee, or other
charge imposed by NASD. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2005-156 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number NASD-2005-156. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal offices of NASD. 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
NASD-2005-156 and should be submitted on or before March 16, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-2522 Filed 2-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10613-10615]
[FR Doc No: 2020-03153]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0553; FRL-10005-49-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; 2019 Amendments to West Virginia's Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of West
Virginia. This revision updates the effective date of the national
ambient air quality standards (NAAQS) and the associated monitoring
reference and equivalent methods for those NAAQS which West Virginia
incorporates into its State regulations and the SIP. EPA is approving
this revision to the West Virginia SIP in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on March 26, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0553. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On December 23, 2019 (84 FR 64243), EPA published a notice of
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM,
EPA proposed approval of a formal SIP revision submitted on May 6,
2019. The formal SIP revision updates the version of the NAAQS and the
associated monitoring reference and equivalent methods for those NAAQS
that West Virginia incorporates by reference into the State's
legislative rules and the SIP.

II. Summary of SIP Revision and EPA Analysis

    This SIP revision was submitted by the West Virginia Department of
Environmental Protection (WVDEP) in order to update the State's
incorporation by reference of the primary and secondary NAAQS and the
ambient air monitoring reference and equivalent methods, found in 40
CFR parts 50 and 53, respectively. Currently, West Virginia's EPA-
approved SIP includes the older version of West Virginia regulation
45CSR8 which incorporates by reference 40 CFR parts 50 and 53 as these
Federal regulations existed on June 1, 2017. West Virginia has since
adopted at the State level a revision to 45CSR8 which now incorporates
by reference the Federal regulations at 40 CFR parts 50 and 53 as these
regulations existed on June 1, 2018. Following EPA approval of this SIP
revision, the EPA-approved West Virginia SIP will reflect that 40 CFR
parts 50 and 53, as they existed on June 1, 2018, are part of the EPA-
approved West Virginia SIP. EPA notes that since June 1, 2017, EPA
reviewed the primary standards for oxides of nitrogen (NOX),
as required by CAA section 109(d), but chose to retain the 1-hour and
annual nitrogen dioxide (NO2) standards without revision.
See 83 FR 17226. Thus, EPA has not made any changes to the ambient air
quality standards, ambient air monitoring reference methods, or any
ambient air monitoring equivalent methods in 40 CFR parts 50 and 53
since West Virginia last incorporated by reference into 45CSR8 the
NAAQS and monitoring methods in 40 CFR parts 50 and 53 as they existed
on June 1, 2017. Other specific requirements and the rationale for
EPA's proposed action are explained in the NPRM and will not be
restated here.

III. Response to Comments

    EPA received five sets of anonymous comments in response to the
NPRM. Three of the commenters supported West Virginia's updating of its
incorporation by reference of the NAAQS. EPA thanks these commenters
but will otherwise only respond to the question contained in one of
these comments. Two of the comments were difficult to interpret but did
not appear to support the rulemaking. EPA's best effort to interpret
and respond to these two comments is represented in this section of
this rulemaking action.
    Comment 1: The first commenter was generally supportive of the
action but also asked when the revision of the effective date in this
rulemaking would take place.
    Response 1: The provisions of West Virginia's amended regulation,
45CSR8, became effective at the State level on June 1, 2019. EPA's
approval of this revision into the SIP will become effective 30 days
after this final rule is published in the Federal Register. For the
specific effective date of EPA's approval, see the DATES section of
this document.
    Comment 2: One commenter asked why EPA was requiring rules about
the NAAQS and asked why EPA requires the NAAQS. The commenter suggested
that EPA stop requiring states like West Virginia to adopt rules like
this and allow West Virginia to remove these rules. The commenter also
generally expressed opinions irrelevant to this rulemaking.
    Response 2: The Clean Air Act is a Federal law (statute) adopted by
Congress and approved by the President. Section 109 of the CAA requires
that the Administrator adopt NAAQS for certain air pollutants which, in
the judgment of the Administrator, are necessary to protect the public

health and welfare, with an adequate margin of safety. CAA section
109(a), (b); 42 U.S.C. 7409(a), (b). While the Administrator has some
discretion in setting the safe level for these pollutants in the
ambient air, the CAA requires that the Administrator set and review
these levels every five years. CAA section 109; 42 U.S.C. 7409. Section
107 of the CAA gives states the primary responsibility for assuring air
quality within each state by submitting an implementation plan for the
state (a ``SIP'') that specifies how the NAAQS will be achieved and
maintained in the state. 42 U.S.C. 7407. Thus, Federal law requires
NAAQS in order to protect public health and the environment, and the
Administrator must implement this law. Also, although the CAA allows
states some discretion in how to attain and maintain compliance with
the ambient air quality standards, states are required by section
110(a) of the CAA to submit implementation plans for achieving and
maintaining the ambient air quality standards. 42 U.S.C. 7410(a).
Therefore, it is a Federal law, the CAA, which requires NAAQS and not a
requirement created by EPA.
    EPA disagrees with the commenter with regards to the Agency
``requiring rules about the NAAQS.'' When a state incorporates into its
state regulations a Federal rule or standard by reference to that
Federal rule, the state is formally adopting the standard or rule into
its own state rules without having to rewrite the entirety of the
referenced rule or standard. States typically incorporate Federal rules
by reference to maintain consistency between state and Federal
requirements and for ease of adoption, implementation, and enforcement
by the state. While nothing in the CAA or EPA's regulations requires
that West Virginia incorporate by reference the Federal regulations
setting forth the NAAQS in order to adopt the NAAQS into the State's
SIP, West Virginia has made the choice to incorporate by reference the
NAAQS into its SIP. West Virginia is exercising its discretion to adopt
State regulations incorporating the NAAQS. Because West Virginia
chooses to incorporate by reference the NAAQS, and because West
Virginia incorporates by reference the NAAQS in its State regulations
by referring to Federal regulations as published on a certain date,
West Virginia periodically updates its State regulations to refer to
the most up-to-date NAAQS in current Federal regulations.
    The SIP revision in this rulemaking was submitted by West Virginia
because the State's rule, 45CSR8--Ambient Air Quality Standards,
incorporated the NAAQS and the ambient air monitoring reference and
equivalent methods found in 40 CFR parts 50 and 53, respectively, as of
June 1, 2017. Because West Virginia wants to ensure the most recent
ambient air quality standards and air monitoring methods are
enforceable at the State level, West Virginia routinely revises 45CSR8
to update the date by which the rule incorporates the Federal standards
by reference. In this case, West Virginia revised the date of
incorporation by reference from June 1, 2017 to June 1, 2018. By
revising this date, West Virginia's ambient air quality standards and
air monitoring methods would match the NAAQS and air monitoring methods
in 40 CFR parts 50 and 53 as of June 1, 2018.
    Comment 3: Another commenter also asked why EPA was requiring rules
about the NAAQS and suggested that these rules ``are to be voluntary,
in order to reduce undue administrative burdens on states to make the
NAAQS optional.''
    Response 3: As stated in response to comment 2 of this preamble,
the purpose of the NAAQS is to protect human health and the
environment, and Federal law (the CAA) requires that the Administrator
establish the NAAQS and requires that states adopt plans to ensure the
NAAQS are achieved and maintained. It is not within EPA's authority to
make the NAAQS voluntary. EPA also notes that West Virginia has
voluntarily chosen to use the method of incorporation by reference to
adopt the NAAQS into its State regulations and the SIP. West Virginia
could have directly adopted the NAAQS standards into West Virginia's
regulations without using the incorporation by reference method. As
stated previously, states often choose to incorporate the Federal
regulations by reference in order to ensure the state's regulations
(and therefore the SIP) are identical to Federal standards for
implementation and enforcement purposes.

IV. Final Action

    EPA is approving the West Virginia SIP revision updating the date
of incorporation by reference as a revision to the West Virginia SIP.
The SIP revision was submitted on May 6, 2019.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of 45CSR8, as
effective on June 1, 2019. EPA has made, and will continue to make,
these materials generally available through https://www.regulations.gov
and at the EPA Region III Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information). Therefore, these materials have been approved by EPA
for inclusion in the SIP, have been incorporated by reference by EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 27, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving the West Virginia SIP revision
incorporation by reference the NAAQS, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: February 7, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) entitled ``EPA-Approved
Regulations in the West Virginia SIP'' is amended by revising entries
under the heading ``[45 CSR] Series 8 Ambient Air Quality Standards''
to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State                          Additional explanation/
 State citation  [Chapter 16-20      Title/subject      effective    EPA approval date      citation at 40 CFR
           or 45 CSR]                                      date                                  52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1..................  General............       6/1/19  2/25/20, [Insert     Docket #2019-0553.
                                                                     Federal Register     Filing and effective
                                                                     citation].           dates are revised;
                                                                                Sunset provision
                                                                                added.
Section 45-8-2..................  Definitions........       6/1/19  2/25/20, [Insert     Docket #2019-0553.
                                                                     Federal Register     Previous Approval 10/5/
                                                                     citation].           18.
Section 45-8-3..................  Adoption of               6/1/19  2/25/20, [Insert     Docket #2019-0553.
                                   Standards.                        Federal Register     Effective date is
                                                                     citation].           revised.
Section 45-8-4..................  Inconsistency             6/1/19  2/25/20, [Insert     Docket #2019-0553.
                                   Between Rules.                    Federal Register     Previous Approval 10/5/
                                                                     citation].           18.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-03153 Filed 2-24-20; 8:45 am]
BILLING CODE 6560-50-P