[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43953-43956]
[FR Doc No: 2013-17469]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69990; File No. SR-CBOE-2013-062]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to PULSe Workstation Functionality

July 16, 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 July 9, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to expand on the Exchange's past description of the
routing functionality made available through the PULSe workstation. No
changes to Exchange rule text are being proposed.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to expand on the
Exchange's past description of the routing functionality made available
through the PULSe workstation and to explain

some new functionality. No changes to Exchange rule text are being
proposed.
Background
    By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of CBOE and CBOE Stock Exchange, LLC (``CBSX'').
In addition, the PULSe workstation provides a user with the capability
to send options orders to other U.S. options exchanges and/or stock
orders to other U.S. stock exchanges and trading centers \3\ (``away-
market routing'').\4\ To use the away-market routing functionality, a
CBOE or CBSX Trading Permit Holder (``TPH'') must either be a PULSe
Routing Intermediary or establish a relationship with a third party
PULSe Routing Intermediary. A ``PULSe Routing Intermediary'' is a CBOE
or CBSX TPH that has connectivity to, and is a member of, other options
and/or stock exchanges and other trading centers. If a TPH sends an
order from the PULSe workstation, the PULSe Routing Intermediary will
route that order to the designated market on behalf of the entering
TPH. Among other things, the PULSe workstation also causes CBOE and/or
C2 (CBSX) to be the default destination exchange(s) (trading center)
for individually executed marketable option (stock) orders if CBOE and/
or C2 (CBSX) is at the national best bid or offer (``NBBO''),
regardless of size or time, but allows any user to manually override
CBOE and/or C2 (CBSX) as the default destination on an order-by-order
basis (the ``default destination function'').\5\ Under the current Fees
Schedule, the Exchange assesses, in relevant part: \6\
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    \3\ A ``trading center,'' as provided under Rule 600(b)(78) of
Regulation NMS, 17 CFR 242.600(b)(78), means a national securities
exchange or national securities association that operates an SRO
trading facility, an alternative trading system, an exchange market
maker, an OTC market maker, or any other broker or dealer that
executes orders internally by trading as principal or crossing
orders as agent.
    \4\ For a more detailed description of the PULSe workstation and
its other functionalities, see, e.g., Securities Exchange Act
Release Nos. 62286 (June 11, 2010), 75 FR 34799 (June 18, 2010) (SR-
CBOE-2010-051), 63244 (November 4, 2010), 75 FR 69148 (November 10,
2010) (SR-CBOE-2010-100), 63721 (January 14, 2011), 76 FR 3929
(January 21, 2011) (SR-CBOE-2011-001), 65280 (September 7, 2011), 76
FR 56838 (September 14, 2011) (SR-CBOE-2011-083), and 65491 (October
6, 2011), 76 FR 63680 (October 13, 2011) (SR-CBOE-2011-092).
    \5\ Nothing about the PULSe order routing functionality would
relieve any TPH that is using the PULSe workstation from complying
with its best execution obligations. Specifically, just as with any
customer order and any other routing functionality, a TPH would have
an obligation to consider the availability of price improvement at
various markets and whether routing a customer order through the
PULSe functionality would allow for access to opportunities for
price improvement if readily available. Moreover, a TPH would need
to conduct best execution evaluations on a regular basis, at a
minimum quarterly, that would include its use of the PULSe
workstation.
    \6\ For a complete listing of PULSe workstation-related fees,
please refer to the CBOE Fees Schedule.
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     An Away-Market Routing fee to the entering TPH of $0.02
per executed options contract (or equivalent share amount in the case
of stock) for away-market routing of orders through the PULSe
workstation;
     an Away-Market Routing Intermediary fee to a Routing
Intermediary for utilizing the PULSe away-market routing technology of
$0.02 per executed contract or share equivalent for the first 1 million
contracts or share equivalent executed in a given month, and $0.03 per
contract or share equivalent for each additional contract or share
equivalent executed in the same month; \7\ and
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    \7\ This fee is assessed to Routing Intermediaries whether the
Routing Intermediary is routing orders on behalf of itself as a TPH
or as a third party Routing Intermediary for other TPHs. The fee is
only applicable for away-market routing from any PULSe workstation.
The fee rates are determined based on the aggregate level of
transactions across all away-markets and across all PULSe
workstations for which firm serves as the Routing Intermediary. See,
e.g., SR-CBOE-2011-083, note 1, supra.
    The Exchange notes that the Away-Market Routing Intermediary fee
is not applicable for routes to the C2 Options Exchange,
Incorporated (``C2'') to the extent that the CBOE/CBSX TPH
submitting the order to C2 is also a C2 TPH. By way of background,
the PULSe workstation offers the ability to route orders to any
market, including CBOE/CBSX affiliate C2. To the extent a CBOE/CBSX
TPH that is also a C2 TPH obtains a PULSe workstation through CBOE,
it is not necessary for that TPH to obtain a separate PULSe
workstation through C2 to route orders to C2. It is also not
necessary for that TPH to utilize the services of a Routing
Intermediary to route orders to C2. As such, to the extent a CBOE/
CBSX TPH is also a C2 TPH, a Routing Intermediary fee would not be
applicable because the fee is only applicable for away-market
routing through a Routing Intermediary. The TPH would not be routing
away through a Routing Intermediary, but instead would be submitting
orders directly to CBOE as a CBOE TPH, CBSX as a CBSX TPH or C2 as a
C2 TPH, as applicable, where the TPH's activity would be subject to
the transaction fee schedule of CBOE, CBSX or C2, respectively. To
the extent a CBOE/CBSX TPH is not a C2 TPH and utilizes the services
of a third party Routing Intermediary to route orders to C2, the
Routing Intermediary would be subject to the fee for the CBOE/CBSX
TPH's executions on C2.
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     a CBOE/CBSX Routing fee to a TPH that makes the PULSe
workstation available to non-TPHs. This fee is only applicable for
routing to CBOE/CBSX from such non-TPH PULSe workstations. The fee is
$0.02 per contract or share equivalent for the first 1 million
contracts or share equivalent executed in a month on CBOE/CBSX that
originate from the non-TPH PULSe workstations made available by the
TPH, and $0.03 per contract or share equivalent for each additional
contract or share equivalent executed on CBOE/CBSX in the same month
from the non-TPH PULSe workstations made available by the TPH.\8\
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    \8\ The Exchange notes that C2 has a similar ``C2 Routing'' fee
in the C2 Fees Schedule that is applicable to C2 TPHs. To the extent
that a CBOE TPH making the non-TPH PULSe workstations available is
not also a CBSX TPH or a C2 TPH, routing from the non-TPH
workstations to CBSX or C2 is not considered ``CBOE/CBSX Routing''
or ``C2 Routing,'' respectively, and, therefore, is not subject to
those fees (it would instead be considered ``away-market routing''
and subject to the Away-Market Routing and Away-Market Routing
Intermediary fees described above). To the extent that a CBOE TPH
making the non-TPH PULSe workstations available is also a CBSX TPH
or C2 TPH, routing from the non-TPH workstations to CBSX or C2 is
considered ``CBOE/CBSX Routing'' or ``C2 Routing,'' respectively,
and therefore is subject to the respective fee.
    Example 1: Assume a CBOE TPH that is not a C2 TPH makes a PULSe
workstation available to Non-TPH User A. To the extent that orders
originating from Non-TPH User A's PULSe workstation are routed to
CBOE, any resulting executions would be subject to the CBOE/CBSX
Routing fee. To the extent that orders originating from Non-TPH User
A's PULSe workstation are routed to C2, any resulting executions
would be considered away-market routing and subject to the Away-
Market Routing and Routing Intermediary fees (and not subject to the
C2 Routing fee).
    Example 2: Assume a CBOE TPH that is also a C2 TPH makes a PULSe
workstation available to Non-TPH User A. To the extent that orders
originating from Non-TPH User A's PULSe workstation are routed to
CBOE, any resulting executions would be subject to the CBOE/CBSX
Routing fee. To the extent that orders originating from Non-TPH User
A's PULSe workstation are routed to C2, any resulting executions
would be subject to the C2 Routing fee. (Given the CBOE TPH's status
as a C2 TPH, such orders are not considered away-market routing and
therefore are not subject to the Away-Market Routing and Routing
Intermediary fees.)
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Proposal
    The Exchange is proposing to expand on its past description of the
PULSe workstation routing functionality in various respects. First,
with respect to the default destination function, the Exchange proposes
to revise its past description of the function to note that, when the
Exchange has finished building the functionality, besides allowing a
user to manually override CBOE and/or C2 (CBSX) as the default
destination exchange(s) (trading center) for individually executed
marketable option (stock) orders if CBOE and/or C2 (CBSX) is at the
NBBO on an order-by-order basis, users will be able to change the
default destination setting to any other options exchange (trading
center) on a global basis (e.g., rather than defaulting to CBOE or C2,
a user will be able to select another options exchange as the default
exchange and a user could determine to manually override that exchange
as the default destination on

an order-by-order basis). The Exchange notes that having the ability to
change the default destination market will have no impact on the
application of the current PULSe workstation-related fees.
    Second, the Exchange proposes to expand on its past description of
a PULSe Routing Intermediary. The Exchange notes that, currently, TPHs
may determine to utilize a Routing Intermediary that employs ``smart
router'' functionality which, generally, is functionality that
determines where to route an order based on pre-set algorithmic logic.
Thus, in addition to a user having the ability to designate a
destination market to which to a Routing Intermediary is to route an
order received from a PULSe workstation, a user may direct a Routing
Intermediary to use its smart router functionality to determine the
destination options exchange(s) (trading center(s)) on the TPH's
behalf. The Exchange further notes that users currently have the
flexibility to determine when to route orders from PULSe to a Routing
Intermediary's smart router, e.g., the determination could be made by
default, on an order-by-order basis, etc. When it comes to the default
destination function (described above), rather than defaulting to an
options exchange (trading center) for individually executed marketable
option (stock) orders if the default market is at the NBBO, a user will
have the flexibility to instead to utilize a Routing Intermediary's
smart router functionality as a default for determining where to route
such orders on a global basis or as a manual override on an order-by-
order basis if some other destination is configured for the default
destination function. The Exchange notes that having the ability to
route orders through a smart router will have no impact on the
application of the current PULSe workstation-related fees.
    Finally, the third purpose of this proposed rule change is to
expand on our past description of the PULSe workstation routing
functionality to note that users will also have the capability to send
orders between PULSe workstations. For example, a user will be able to
send an order from a PULSe workstation located in New York to a PULSe
workstation located on the floor of the CBOE. The ability to send
orders ``PULSe-to-PULSe'' will be available for use within a TPH (and
any Non-TPHs to whom the TPH makes the PULSe workstation available) and
between TPHs that use the PULSe workstation. A TPH may establish a
PULSe-to-PULSe connection with another TPH by contacting CBOE, who will
permission the connection. Before setting up the connection, both TPHs
would need to acknowledge in writing (e.g., including via email) their
agreement to establish the mutual connection. The Exchanges notes that
there are no fees applicable to the sending of orders from one PULSe
workstation to another. The Exchange also notes that the Away-Market
Routing, Away-Market Routing Intermediary and CBOE/CBSX Routing fees
(described above) apply to the TPH associated with the PULSe
workstation that ultimately routes an order for execution.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\9\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitation transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Expanding on the Exchange's past description of the routing
functionality made available through the PULSe workstation (for which
the Exchange assesses Away-Market Routing, Away-Market Routing
Intermediary, and CBOE/CBSX Routing fees) provides more information to
the public about such functionality and confirmation of the application
of applicable fees, and the availability of such information helps to
perfect the mechanism of a free and open market and a national market
system. Further, permitting PULSe workstation users to set their own
default destinations, use smart router as a default, and send orders
between PULSe workstations provides such users with more freedom in
their uses of the PULSe workstations, which perfects the mechanism of a
free and open market and a national market system.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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 does not believe
that the proposed rule change will impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the features and functionalities described
in this expanded description apply to all PULSe workstation users. The
Exchange does not believe that the proposed rule change will impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed rule
change does not make any changes to Exchange rules or the Exchange Fees
Schedule, but merely expands on the Exchange's past description of the
routing functionality made available through the PULSe workstation and
confirms the application of applicable fees. To the extent the features
and functionalities described in this expanded description of PULSe
workstations make CBOE (or CBSX) a more attractive marketplace for
market participants at other exchanges, such market participants may
elect to become CBOE market participants.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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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-CBOE-2013-062 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-CBOE-2013-062. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-CBOE-2013-062 and should be
submitted on or before August 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-17469 Filed 7-19-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15784-15785]
[FR Doc No: 2017-06268]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-16]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before April 19, 2017.

ADDRESSES: You may send comments identified by docket number FAA-2017-
0118 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington, on March 24, 2017.
Victor Wicklund,
Manager, Transport Standards Staff.

Petition for Exemption

    Docket No.: FAA-2017-0118.
    Petitioner: Gulfstream Aerospace LP.
    Section of 14 CFR Affected: Sec.  25.841(a)(2).
    Description of Relief Sought: The petitioner seeks an exemption
from the requirements of 14 CFR 25.841(a)(2) at Amendment 25-87 for
certain types of uncontained engine failures, to allow access to the
baggage compartment without any altitude-related limitation up to the
maximum operating altitude (45,000 feet) approved for the Model G280
airplane. This petition is made in accordance with FAA Policy PS-ANM-
03-112-16 dated March 24, 2006.

[FR Doc. 2017-06268 Filed 3-29-17; 8:45 am]
 BILLING CODE 4910-13-P


       Provisional PFOA and PFOS Cleanup Target Levels/Screening Levels
                                     Media
                           Groundwater - PGCTL[*][*]
                                 Soil - PSCTL
                               Irrigation - IWSL

                                  Residential
                                  Commercial/
                                  Industrial
                                 Leachability
                                  Residential
                                  Commercial/
                                  Industrial
                                    Produce
Perfluorooctanoic acid (PFOA)
                                    70 ng/L
                                 (0.07 ug/L)
                                   1.3 mg/kg
                                   25 mg/kg
                                  0.002 mg/kg
                                   6.7 ug/L
                                   750 ug/L
                                      NA
Perfluorooctane sulfonate (PFOS)

                                   1.3 mg/kg
                                   25 mg/kg
                                  0.007 mg/kg
                                   72 ug/L
                                   370 ug/L
                                   0.6 ug/L

                 PFOA and PFOS Surface Water Screening Levels
                                   Criteria
                                 Human Health
                                  Ecological

                                  Freshwater
                                    Marine
Perfluorooctanoic acid (PFOA)
                                   0.5 ug/L
                                  1,300 ug/L
                                      ND
Perfluorooctane sulfonate (PFOS)
                                  0.01 ug/L
                                   37 ug/L
                                   13 ug/L

        Notes:
            PGCTL  -  provisional groundwater cleanup target level
            PSCTL  -  provisional soil cleanup target level
            ISWL  -  irrigation water screening level
	NA  -  not applicable, model not applicable based on Kow
	ND  -  No data available for this calculation
            [**] - sum of PFOA and PFOS should be compared to the PGCTL
            ug/L  -  micrograms per liter
            ng/L  -  nanograms per liter
            mg/kg  -  milligrams per kilogram


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1181-1182]
[FR Doc No: 2016-282]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-33-000.
    Applicants: Frontier Windpower, LLC.
    Description: Notice of Self-Certification as an Exempt Wholesale
Generator of Frontier Windpower, LLC.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5439.
    Comments Due: 5 p.m. ET 1/25/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-415-004.
    Applicants: Anahau Energy, LLC.
    Description: Triennial market power update of Anahau Energy, LLC
for Southwest region.
    Filed Date: 12/31/15.
    Accession Number: 20151231-5409.
    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER14-1832-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Compliance filing: ROE Settlement Revised IA's (2014)
to be effective 5/1/2014.
    Filed Date: 12/21/15.
    Accession Number: 20151221-5229.
    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: ER15-762-005; ER15-760-004; ER15-1579-003; ER15-
1582-004; ER15-1914-005; ER15-2680-001; ER15-2679-001.
    Applicants: Sierra Solar Greenworks LLC, Western Antelope Blue Sky
Ranch A LLC, 67RK 8me LLC, 65HK 8me LLC, 87RL 8me LLC, Sandstone Solar
LLC, Latigo Wind Park, LLC.
    Description: Notice of Non-Material Change in Status of Sierra
Solar Greenworks LLC, et al.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5550.
    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER15-1196-005.
    Applicants: Nevada Power Company.
    Description: Compliance filing: OATT Energy Imbalance Market
(Definitions-Sched 9-Attach P) to be effective 2/16/2016.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5421.
    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER15-1429-002.
    Applicants: Emera Maine.
    Description: Compliance filing: Modify Record Content to be
effective 6/1/2015.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5438.
    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER15-1618-002.
    Applicants: Duke Energy Florida, LLC.
    Description: Compliance filing: ROE Settlement Revised IA's (2015)
to be effective 5/1/2015.
    Filed Date: 12/21/15.
    Accession Number: 20151221-5260.
    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: ER15-1896-003.
    Applicants: Eden Solar LLC.
    Description: Notice of Non-Material Change in Status of Eden Solar,
LLC.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5551.
    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER15-1914-004.
    Applicants: 87RL 8me LLC.
    Description: Compliance filing: 87RL 8me LLC MBR Tariff to be
effective 8/1/2015.
    Filed Date: 11/18/15.
    Accession Number: 20151118-5208.
    Comments Due: 5 p.m. ET 1/26/16.

    Docket Numbers: ER15-2231-001.
    Applicants: Duke Energy Carolinas, LLC, Duke Energy Florida, LLC.
    Description: Compliance filing: DEF ROE Settlement Filing to be
effective 1/1/2015.
    Filed Date: 12/21/15.
    Accession Number: 20151221-5206.
    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: ER16-681-000.
    Applicants: Eden Solar LLC.
    Description: Tariff Cancellation: Eden Solar, LLC Notice of
Cancellation to be effective 1/15/2016.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5414.
    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER16-682-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: OATT Revised Sections (EIM
Available Balancing Capacity 2) to be effective 2/16/2016.
    Filed Date: 1/4/16.
    Accession Number: 20160104-5420.
    Comments Due: 5 p.m. ET 1/25/16.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES16-9-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Amendment to December 10, 2015 Application for
Authorization to Issue Short Term Debt of New York State Electric & Gas
Corporation.
    Filed Date: 12/24/15.
    Accession Number: 20151224-5073.
    Comments Due: 5 p.m. ET 1/14/16.

    Docket Numbers: ES16-10-000.
    Applicants: Rochester Gas & Electric Corporation.
    Description: Amendment to December 10, 2015 Application for
Authorization to Issue Short Term Debt of Rochester Gas and Electric
Corporation.
    Filed Date: 12/24/15.
    Accession Number: 20151224-5074.
    Comments Due: 5 p.m. ET 1/14/16.

    Docket Numbers: ES16-12-000.
    Applicants: Kansas Gas and Electric Company.
    Description: Supplement to December 11, 2015 Application under
Section 204 of the Federal Power Act of Kansas Gas and Electric
Company.
    Filed Date: 12/23/15.
    Accession Number: 20151223-5100.
    Comments Due: 5 p.m. ET 1/13/16.

    Docket Numbers: ES16-13-000.
    Applicants: Kansas Gas and Electric Company.
    Description: Supplement to December 11, 2015 Application under
Section 204 of the Federal Power Act of Kansas Gas and Electric
Company.
    Filed Date: 12/23/15.
    Accession Number: 20151223-5099.
    Comments Due: 5 p.m. ET 1/13/16.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC13-8-000.
    Applicants: Ituiutaba Bioenergia Ltda.
    Description: Notification of Non-Material Change in Status of BP
Bioenergia Ituiutaba Ltda.

    Filed Date: 1/4/16.
    Accession Number: 20160104-5546.
    Comments Due: 5 p.m. ET 1/25/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-282 Filed 1-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5450-5454]
[FR Doc No: 2022-01939]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2021-0374; FRL-9466-01-R5]

Illinois: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Illinois has applied to the Environmental Protection Agency
(EPA) for final authorization of changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
EPA has reviewed Illinois' application and has determined that these
changes satisfy all requirements needed to qualify for final
authorization. Therefore, we are proposing to authorize the State's
changes. EPA seeks public comment prior to taking final action.

DATES: Comments on this proposed rule must be received by March 18,
2022.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email: [email protected].
    EPA must receive your comments by March 18, 2022. Direct your
comments to Docket ID Number EPA-R05-RCRA-2021-0374. EPA's policy is
that all comments received will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI), or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through www.regulations.gov, or email. The Federal
www.regulations.gov website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through 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, 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
submission methods, the full EPA public comment policy, information
about CBI or multi-media submissions, and general guidance on making
effective comments, please visit https://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 electronically in
www.regulations.gov. For alternative access to docket materials, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Norberto Gonzalez, RCRA C and D
Section, Land, Chemicals and Redevelopment Division, LL-17J, U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Norberto Gonzalez can be reached by telephone at (312)
353-1612 or via email at [email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, states must
change their programs and request EPA to authorize the changes. Changes
to state programs may be necessary when Federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgated pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized states at the
same time they take effect in unauthorized states. Thus, EPA will
implement those requirements and prohibitions in Illinois, including
the issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

B. What decisions have we made in this rule?

    On June 21, 2021, Illinois submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program that correspond to certain Federal rules promulgated between
December 5, 1997, and April 17, 2015. EPA concludes that Illinois'
application to revise its authorized program meets all the statutory
and regulatory requirements established under RCRA, as set forth in
RCRA Section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA proposes to grant Illinois final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section G of this
document.
    Illinois has responsibility for permitting treatment, storage, and
disposal facilities within its borders and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of HSWA, as discussed above.

C. What will be the effect if Illinois is authorized for these changes?

    If Illinois is authorized for the changes described in Illinois'
authorization application, these changes will become a part of the
authorized State hazardous waste program and will therefore be
federally enforceable. Illinois will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. EPA would maintain its authorities under RCRA Sections 3007,
3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses and reports;
     Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action will not impose additional requirements on the
regulated community because the regulations for which EPA is proposing
to authorize Illinois are already effective under state law and are not
changed by this proposed action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives comments on this proposed action, we will address
all such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.

E. What has Illinois previously been authorized for?

    Illinois initially received Final Authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Illinois' program on the following dates: March 5, 1988 (53
FR 126, January 5, 1988); April 30, 1990 (55 FR 7320, March 1, 1990);
June 3, 1991 (56 FR 13595, April 3, 1991); August 15, 1994 (59 FR
30525, June 14, 1994); May 14, 1996, (61 FR 10684, March 15, 1996);
October 4, 1996 (61 FR 40520, August 5, 1996); March 10, 2017 (82 FR
13256, March 10, 2017); and on February 9, 2021 (86 FR 8713, February
9, 2021).

F. What changes are we proposing with this action?

    On June 21, 2021, Illinois submitted a final complete program
revision application, seeking authorization of changes to its hazardous
waste management program in accordance with 40 CFR 271.21. EPA proposes
to determine, subject to receipt of written comments that oppose this
action, that Illinois' hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all the requirements necessary to qualify for
final authorization. Therefore, EPA is proposing to authorize Illinois
for the following program changes:

                             Table 1--Illinois' Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                Analogous state authority:
     Rule checklist           Description of Federal       Federal Register and     Subtitle G: Waste Disposal,
                                   requirement                     date               35 Ill. Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
162.....................  Clarification of Standards     62 FR 64504, December 5,  728.144 Effective January 1,
                           for Hazardous Waste LDR        1997.                     1999.
                           Treatment Variances.
181.....................  Universal Waste Rule.........  64 FR 36466, July 6,      720.110, 721.109, 724.101,
                                                          1999.                     725.101, 728.101, 703.123,
                                                                                733.101, 733.102, 733.103,
                                                                                733.104, 733.105, 733.106,
                                                                                733.107, 733.108, 733.109,
                                                                                733.110, 733.113, 733.114,
                                                                                733.130, 733.132, 733.133,
                                                                                733.134, 733.150, 733.160,
                                                                                733.181. Effective June 20,
                                                                                2000.
200.....................  Zinc Fertilizer Rule.........  67 FR 48393, July 24,     721.104, 726.120, 728.140.
                                                          2002.                     Effective July 17, 2003.
203.....................  Hazardous Waste Management     68 FR 44659, July 30,     721.105, 739.110, 739.174.
                           System; Identification and     2003.                     Effective July 19, 2004.
                           Listing of Hazardous Waste;
                           Used Oil Management
                           Standards.

208 and 208.1...........  Methods Innovation Rule and    70 FR 34538, June 14,     720.111, 720.121, 720.122,
                           SW-846 Final Update III B.     2005 as amended 70 FR     721.103, 721.121, 721.122,
                                                          44150, August 1, 2005.    721.135, 721.138, 721
                                                                                Appendix A, B, and C,
                                                                                724.290, 724.414, 724.934,
                                                                                724.963, 724 Appendix I,
                                                                                725.290, 725.414, 725.934,
                                                                                725.935, 725.963, 725.981,
                                                                                725.984, 726.200, 726.202,
                                                                                726.206, 726.212, 726
                                                                                Appendix I, 728.140, 728.148
                                                                                Table U, 728 Appendix I,
                                                                                703.205, 703.223, 703.232,
                                                                                739.110, 739.144, 739.153,
                                                                                739.163. Effective February
                                                                                23, 2006.
209.....................  Universal Waste Rule:          70 FR 45508, August 5,    720.110,721.109, 724.101,
                           Specific Provisions for        2005.                     725.101, 728.101, 703.101,
                           Mercury Containing Equipment.                            733.101, 733.104, 733.109,
                                                                                733.113, 733.114, 733.132,
                                                                                733.133, 733.134. Effective
                                                                                December 20, 2006.
211.....................  Revision of Wastewater         70 FR 57769, October 4,   721.103. Effective December
                           Treatment Exemptions for       2005.                     20, 2006.
                           Hazardous Waste Mixtures.
213.....................  Burden Reduction Initiative..  71 FR 16862, April 4,     720.110, 720.131, 721.104,
                                                          2006.                     724.115, 724.116, 724.152,
                                                                                724.156, 724.173, 724.198,
                                                                                724.199, 724.200, 724.113,
                                                                                724.215, 724.220, 724.243,
                                                                                724.245, 724.247, 724.274,
                                                                                724.291, 724.292, 724.293,
                                                                                724.295, 724.296, 724.351,
                                                                                724.380, 724.414, 724.443,
                                                                                724.447, 724.654, 724.671,
                                                                                724.673, 724.674, 724.1161,
                                                                                724.1162, 724.1200,
                                                                                724.1201, 725.115, 725.116,
                                                                                725.152, 725.156, 725.173,
                                                                                725.190, 725.193, 725.213,
                                                                                725.215, 725.220, 725.243,
                                                                                725.245, 724.247, 725.274,
                                                                                725.291, 725.292, 725.293,
                                                                                725.295, 725.296, 725.301,
                                                                                725.321, 725.324, 725.359,
                                                                                725.380, 725.401, 725.403,
                                                                                725.414, 725.541, 725.543,
                                                                                725.544, 725.2061, 725.2062,
                                                                                725.1200, 725.1201, 726.202,
                                                                                726.203, 728.107, 728.109,
                                                                                703.114, 703.116, 703.126,
                                                                                703.142, 703.142 Appendix I.
                                                                                Effective July 14, 2008.
215.....................  Cathode Ray Tubes Rule.......  71 FR 42928, July 28,     720.110, 721.104, 721.138,
                                                          2006.                     721.139, 721.140, 721.141.
                                                                                Effective July 14, 2008.
217.....................  NESHAP: Final Standards for    73 FR 18970, April 8,     724.440, 726.200. Effective
                           Hazardous Waste Combustors     2008.                     December 30, 2008.
                           (Phase I Final Replacement
                           Standards and Phase II)
                           Amendments.
218.....................  F019 Exemption for Wastewater  73 FR 31756, June 4,      721.131, 721.131 Table.
                           Treatment Sludges from Auto    2008.                     Effective December 30, 2008.
                           Manufacturing Zinc
                           Phosphating Processes.
222.....................  OECD Requirements; Export      75 FR 01236, January 8,   722.110, 722.155, 722.158,
                           Shipments of Spent Lead Acid   2010.                     722.180, 722.181, 722.182,
                           Batteries.                                               722.183, 722.184, 722.185,
                                                                                722.186, 722.187, 722, 188,
                                                                                722.189, 723.110, 724.112,
                                                                                724.171, 725.112, 725.171,
                                                                                726.180 (a) Table. Effective
                                                                                October 14, 2011.
223.....................  Hazardous Waste Technical      75 FR 12989, March 18,    720.110, 720 Appendix I,
                           Corrections and                2010 75 FR 31716, June    721.101, 721.102 (c) Table
                           Clarifications.                4, 2010.                  1, 721.104, 721.105,
                                                                                721.106, 721.107, 721.123,
                                                                                721.130, 721.131, 721.132
                                                                                (a) Table, 721.133, 721
                                                                                Appendix VII, 722.110,
                                                                                722.111, 722.123, 722.134,
                                                                                722.141, 722.142, 722.160,
                                                                                723.112, 724.152, 724.156,
                                                                                724.172, 724.414, 724.416,
                                                                                724.652, 725.152, 725.156,
                                                                                725.172, 725.414,725.416,
                                                                                726.120, 726.122, 726.170,
                                                                                726.180, 726.201, 728.140
                                                                                Table, 728.148, 702.181.
                                                                                Effective October 14, 2011.
224.....................  Withdrawal of the Emissions    75 FR 33712, June 15,     721.104, 721.138. Effective
                           Comparable Fuel Exclusion.     2010.                     October 14, 2011.
225.....................  Removal of Saccharin and Its   75 FR 78918, December     721.111, 721.133, 728.140.
                           Salts from the List of         17, 2010.                 Effective October 14, 2011.
                           Hazardous Constituents,
                           Hazardous Wastes and
                           Hazardous Substances.
227.....................  Revisions of the Land          76 FR 34147, June 13,     728.140 Table, 728.148 Table.
                           Disposal Treatment Standards   2011.                     Effective June 4, 2012.
                           for Carbamate Wastes.
228.....................  Hazardous Waste Technical      77 FR 22229, April 13,    721.132, 726.120. Effective
                           Corrections and                2012.                     March 4, 2013.
                           Clarifications Rule.
229.....................  Conditional Exclusions for     78 FR 46448, July 31,     720.110, 721.104. Effective
                           Solvent Contaminated Wipes.    2013.                     May 27, 2014.
230.....................  Conditional Exclusions for     79 FR 00350, January 3,   720.110, 721.104. Effective
                           Carbon Dioxide (C02) Streams   2014.                     May 27, 2014.
                           in Geologic Sequestration
                           Activities.
231.....................  Hazardous Waste Electronic     79 FR 07518, February 7,  720.110, 722.120, 722.124,
                           Manifest System.               2014.                     722.125, 723.120, 723.125,
                                                                                724.171, 725.171. Effective
                                                                                January 12, 2015.
232.....................  Revisions to the Export        79 FR 36220, June 26,     720.110, 721.139, 721.141.
                           Provisions of the Cathode      2014.                     Effective January 12, 2015.
                           Ray Tube Rule.
234.....................  Vacatur of the Comparable      80 FR 18777, April 8,     720.110, 721.104, 721.138.
                           Fuels and the Gasification     2015.                     Effective August 9, 2016.
                           Rule.
235.....................  Disposal of Coal Combustion    80 FR 21302, April 17,    721.104. Effective August 9,
                           Residuals from Electric        2015.                     2016.
                           Utilities.
----------------------------------------------------------------------------------------------------------------

G. Where are the revised state rules different from the Federal rules?

    When revised state rules differ from the Federal rules in the RCRA
state authorization process, EPA determines whether the state rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain requirements that are more stringent than
the Federal regulations. Such more stringent requirements can be
federally authorized and, once authorized, become federally
enforceable. Although the statute does not prevent states from adopting
regulations that are broader in scope than the Federal program, states
cannot receive Federal authorization for such regulations, and they are
not federally enforceable.

More Stringent Rules

    EPA considers the following state requirements to be more stringent
than the federal requirements:
     35 IAC 722.141, because Illinois requires an annual report
instead of the biennial report required in 40 CFR 262.22, 264.75, and
265.75.
     35 IAC 724.156(i), because Illinois has added this
provision to facilitate state notification.
     35 IAC 725.414, because Illinois prohibits all liquids in
landfills; where the Federal rules allow for exceptions in 40 CFR
265.314(f)(1) and (2).
    These requirements would become part of Illinois' authorized
program and would be federally enforceable.

Broader in Scope Rules

    EPA also considers the following state requirements to go beyond
the scope of the Federal program:
     35 IAC 721.103(g), because Illinois does not allow the
exemption allowed in the Federal rules at 40 CFR 261.3(g)(4), for
certain mixtures.
    Broader-in-scope requirements do not become part of the authorized
program and EPA cannot enforce them. Although regulated entities must
comply with these requirements in accordance with state law, they are
not RCRA requirements.

Nondelegable Rules

    EPA cannot authorize the Federal requirements at 40 CFR 260.21,
268.5, 268.6, 268.42(b), and 268.44. Although Illinois has adopted
these requirements

verbatim from the Federal regulations at 35 IAC 720.121, 728.105,
728.106, 728.142(b), and 728.144, EPA would continue to implement the
Federal requirements.

Universal Waste Lamps Rules Not Authorized

    Illinois allows Lamp Crushing under its current version of the
Universal Waste Rule (35 IAC 733.105, 733.113(d), 733.133(d), and
733.134(e)), and has not applied for authorization of the Universal
Waste Lamps Rule. In the future, EPA will determine whether to prohibit
crushing of lamps, or decide under what conditions lamp crushing may be
permitted. Until the issue is resolved, no state that allows crushing
may be authorized for the Universal Waste Lamps Rule, and the Illinois
version of the Universal Waste Lamps Rule is not part of the Illinois
authorized program.

H. Who handles permits after the final authorization takes effect?

    When the final authorization takes effect, Illinois will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. EPA will continue to administer any
RCRA hazardous waste permits or portions of permits which EPA issues
prior to the effective date of the proposed authorization until they
expire or are terminated. EPA will not issue any new permits or new
portions of permits for the provisions listed in the Table above after
the effective date of the authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Illinois is not yet
authorized. EPA has the authority to enforce state-issued permits after
the State is authorized.

I. How does proportionate share liability affect Illinois' RCRA
program?

    Illinois' RCRA authorities are not impacted by the proportionate
share liability (PSL) provision of the Illinois Environmental
Protection Act, 415 ILCS 5/58.9(a)(1). Section 58.9(a)(1) provides, in
pertinent part:

    Notwithstanding any other provisions of this Act to the
contrary, . . . in no event may the Agency, the State of Illinois,
or any person bring an action pursuant to this Act or the
Groundwater Protection Act to require any person to conduct remedial
action or to seek recovery of costs for remedial activity conducted
by the State of Illinois or any person beyond the remediation of
releases of regulated substances that may be attributed to being
proximately caused by such person's act of omission or beyond such
person's proportionate degree of responsibility for costs of the
remedial action of releases of regulated substances that were
proximately caused or contributed to by 2 or more persons.

Section 58.9 is part of Title XVII (Site Remediation Program) of the
Illinois Environmental Protection Act. Title XVII does not apply to a
particular site if ``. . . (ii) the site is a treatment, storage, or
disposal site for which a permit has been issued, or that is subject to
closure requirements under Federal or state solid or hazardous waste
laws'' (415 ILCS 5/58.1(a)(2)(ii)). Hazardous waste treatment, storage,
and disposal facilities under Subtitle C of RCRA fall within the
exclusion at Section 58.1(a)(2)(ii). These facilities are subject to
closure and post-closure care requirements under the Act (415 ILCS 5/
22.17) and Illinois program rules that are identical in substance to
Federal rules at 40 CFR part 264 (35 IAC 724). The Illinois Appellate
Court has held that the PSL does not apply to sites that are outside
the scope of Title XVII. People of the State of Illinois v. State Oil,
822 NE. 2d 876 (Ill. App. 2004). Therefore, the exclusion at Section
58.1(a)(2)(ii) renders Title XVII, including Section 58.9, inapplicable
to sites upon which RCRA regulated facilities are located. Based on
this exclusion, and as indicated by the Illinois Attorney General in
the Attorney General Statement included in the State's October 19, 2015
final program revision application, the PSL provision does not impact
the adequacy of Illinois' RCRA authorities.

J. What is codification and is EPA codifying Illinois' hazardous waste
program as proposed in this rule?

    Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized state rules in 40 CFR part 272. EPA previously codified
Illinois' authorized program in effect as of June 3, 1991, at 40 CFR
part 272, subpart O (See 57 FR 3722, January 31, 1992). EPA is not
proposing to codify the authorization of Illinois' changes at this
time. However, EPA reserves the ability to amend 40 CFR part 272,
subpart O for the authorization of Illinois' program changes at a later
date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to
authorize state requirements for the purpose of RCRA Section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory
action because actions such as this proposed authorization of Illinois'
revised hazardous waste program under RCRA are exempted under Executive
Order 12866. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action proposes to authorize pre-existing requirements under State
law and does not impose any additional enforceable duty beyond that
required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to authorize State requirements as part of
the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant, and it does not make decisions based on environmental
health or safety risks. This action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because it is not a significant regulatory action under Executive Order
12866.
    Under RCRA Section 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another

standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in proposing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of this action in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive
Order 12898 (59 FR 7629, February 16, 1994) establishes Federal
executive policy on environmental justice. Its main provision directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations; Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: January 24, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-01939 Filed 1-31-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57993-57995]
[FR Doc No: 2014-22914]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, Washington, DC 20549-0213.

Extension:
    Rule 22c-2. SEC File No. 270-541, OMB Control No. 3235-0620.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 22c-2 (17 CFR 270.22c-2) under the Investment Company Act of
1940 (15 U.S.C. 80a) (the ``Investment Company Act'' or ``Act'')
requires the board of directors (including a majority of independent
directors) of most registered open-end investment companies (``funds'')
to either approve a redemption fee of up to two percent or determine
that imposition of a redemption fee is not necessary or appropriate for
the fund. Rule 22c-2 also requires a fund to enter into written
agreements with their financial intermediaries (such as broker-dealers
and retirement plan administrators) under which the fund, upon request,
can obtain certain shareholder identity and trading information from
the intermediaries. The written agreement must also allow the fund to
direct the intermediary to prohibit further purchases or exchanges by
specific shareholders that the fund has identified as being engaged in
transactions that violate the fund's market timing policies. These
requirements enable funds to obtain the information that they need to
monitor the frequency of short-term trading in omnibus accounts and
enforce their market timing policies.
    The rule includes three ``collections of information'' within the
meaning of the Paperwork Reduction Act of 1995 (``PRA'').\1\ First, the
rule requires boards to either approve a redemption fee of up to two
percent or determine that imposition of a redemption fee is not
necessary or appropriate for the fund. Second, funds must enter into
information sharing agreements with all of their ``financial
intermediaries'' \2\ and maintain a copy of the written information
sharing agreement with each intermediary in an easily accessible place
for six years. Third, pursuant to the information sharing agreements,
funds must have systems that enable them to request frequent trading
information upon demand from their intermediaries, and to enforce any
restrictions on trading required by funds under the rule.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3501-3520.
    \2\ The rule defines a Financial Intermediary as: (i) Any
broker, dealer, bank, or other person that holds securities issued
by the fund in nominee name; (ii) a unit investment trust or fund
that invests in the fund in reliance on section 12(d)(i)(E) of the
Act; and (iii) in the case of a participant directed employee
benefit plan that owns the securities issued by the fund, a
retirement plan's administrator under section 316(A) of the Employee
Retirement Security Act of 1974 (29 U.S.C. 1002(16)(A) or any person
that maintains the plans' participant records. Financial
Intermediary does not include any person that the fund treats as an
individual investor with respect to the fund's policies established
for the purpose of eliminating or reducing any dilution of the value
of the outstanding securities issued by the fund. Rule 22c-2(c)(1).
---------------------------------------------------------------------------

    The collections of information created by rule 22c-2 are necessary
for funds to effectively assess redemption fees, enforce their policies
in frequent trading, and monitor short-term trading, including market
timing, in omnibus accounts. These collections of information are
mandatory for funds that redeem shares within seven days of purchase.
The collections of information also are necessary to allow Commission
staff to fulfill its examination and oversight responsibilities.
    Rule 22c-2(a)(1) requires the board of directors of all registered
investment companies and series thereof (except for money market funds,
ETFs, or funds that affirmatively permit short-term trading of its
securities) to approve a redemption fee for the fund, or instead make a
determination that a redemption fee is either not necessary or
appropriate for the fund. Commission staff understands that the boards
of all funds currently in operation have undertaken this process for
the funds they currently oversee, and the rule does not require boards
to review this determination periodically once it has been made.
Accordingly, we expect that only boards of newly registered funds or
newly created series thereof would undertake this determination.
Commission staff estimates that approximately 117 funds or series
thereof (excluding money market funds and ETFs) are newly formed each
year and would need to make this determination.
    Based on conversations with fund representatives,\3\ Commission
staff estimates that it takes 2 hours of the board's time, as a whole,
(at a rate of $4000 per hour) \4\ to approve a redemption fee or make
the required determination on behalf of all series of the fund. In
addition, Commission staff estimates that it takes compliance personnel
of the fund (at a rate of $64 per hour) \5\ 8 hours to prepare trading,
compliance, and other information regarding the fund's operations to
enable the board to make its determination, and takes internal
compliance counsel of the fund (at a rate of $334 per hour) 3 hours to
review this information and present its recommendations to the board.
Therefore, for each fund board that undertakes this determination
process, Commission staff estimates it expends 13 hours \6\ at a cost
of $9514.\7\ As a result, Commission staff estimates that the total
time spent for all funds on this process is 884 hours at a cost of
$646,952.\8\
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    \3\ Unless otherwise stated, estimates throughout this analysis
are derived from a survey of funds and conversations with fund
representatives.
    \4\ The estimate of $4000 per hour for the board's time as a
whole is based on conversations with representatives of funds and
their legal counsel.
    \5\ Unless otherwise stated, all cost estimates for personnel
time are derived from SIFMA's Management & Professional Earnings in
the Securities Industry 2013, modified to account for an 1800-hour
work-year and multiplied by 5.35 to account for bonuses, firm size,
employee benefits, and overhead.
    \6\ This calculation is based on the following estimates: (2
hours of board time + 3 hours of internal compliance counsel time +
8 hours of compliance clerk time = 13 hours).
    \7\ This calculation is based on the following estimates: ($8000
($4000 board time x 2 hours = $8000) + $512 ($64 compliance time x 8
hours = $512) + $1002 ($334 x 3 hours attorney time = $1002) =
$9514).
    \8\ This calculation is based on the following estimates: (13
hours x 68 funds = 884 hours); ($9514 x 68 funds = $646,952).
---------------------------------------------------------------------------

B. Information Sharing Agreements

    Rule 22c-2(a)(2) requires a fund to enter into information-sharing
agreements with each of its financial intermediaries. Commission staff
understands that all currently registered funds have already entered
into such agreements with their intermediaries. Funds enter into new
relationships with intermediaries from time to time, however, which
requires them to enter into new information sharing agreements.
Commission staff understands that, in general, funds enter into
information-sharing agreement when they initially establish a
relationship with an intermediary, which is typically executed as an
addendum to the distribution

agreement. The Commission staff understands that most shareholder
information agreements are entered into by the fund group (a group of
funds with a common investment adviser), and estimates that there are
currently 801 currently active fund groups.\9\ Commission staff
estimates that, on average, each active fund group enters into
relationships with 3 new intermediaries each year. Commission staff
understands that funds generally use a standard information sharing
agreement, drafted by the fund or an outside entity, and modifies that
agreement according to the requirements of each intermediary.
Commission staff estimates that negotiating the terms and entering into
an information sharing agreement takes a total of 4 hours of attorney
time (at a rate of $380) per intermediary (representing 2.5 hours of
fund attorney time and 1.5 hours of intermediary attorney time).
Accordingly, Commission staff estimates that it takes 12 hours at a
cost of $4560 each year \10\ to enter into new information sharing
agreements, and all existing market participants incur a total of 9612
hours at a cost of $3,652,560.\11\
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    \9\ ICI, 2014 Investment Company Fact Book at Fig 1.7 (2014)
(http://www.ici.org/pdf/2014factbook.pdf).
    \10\ This estimate is based on the following calculations: (4
hours x 3 new intermediaries = 12 hours); (12 hours x $380 = $4560).
    \11\ This estimate is based on the following calculations: (12
hours x 801 fund groups = 9612 hours); (9612 hours x $380 =
$3,652,560).
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    In addition, newly created funds advised by new entrants
(effectively new fund groups) must enter into information sharing
agreements with all of their financial intermediaries. Commission staff
estimates that there are 58 new fund groups that form each year that
will have to enter into information sharing agreements with each of
their intermediaries.\12\ Commission staff estimates that fund groups
formed by new advisers typically have relationships with significantly
fewer intermediaries than existing fund groups, and estimates that new
fund groups will typically enter into 100 information sharing
agreements with their intermediaries when they begin operations.\13\ As
discussed previously, Commission staff estimates that it takes 4 hours
of attorney time (at a rate of $380) per intermediary to enter into
information sharing agreements. Therefore, Commission staff estimates
that each newly formed fund group will incur 400 hours of attorney time
at a cost of $152,000,\14\ and all newly formed fund groups will incur
a total of 23,200 hours at a cost of $8,816,000 to enter into
information sharing agreements with their intermediaries.\15\
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    \12\ ICI, 2014 Investment Company Fact Book at Fig 1.7 (2014)
(http://www.ici.org/pdf/2014factbook.pdf).
    \13\ Commission staff understands that funds generally use a
standard information sharing agreement, drafted by the fund or an
outside entity, and then modifies that agreement according to the
requirements of each intermediary.
    \14\ This estimate is based on the following calculations: (4
hours x 100 intermediaries = 400 hours); (400 hours x $380 =
$152,000).
    \15\ This estimate is based on the following calculations: (58
fund groups x 400 hours = 23,200 hours) ($380 x 23,200 =
$8,816,000).
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    Rule 22c-2(a)(3) requires funds to maintain records of all
information-sharing agreements for 6 years in an easily accessible
place. Commission staff understands that most shareholder information
agreements are stored at the fund group level and estimates that there
are currently 801 fund groups.\16\ Commission staff understands that
information-sharing agreements are generally included as addendums to
distribution agreements between funds and their intermediaries, and
that these agreements would be stored as required by the rule as a
matter of ordinary business practice. Therefore, Commission staff
estimates that maintaining records of information-sharing agreements
requires 10 minutes of time spent by a general clerk (at a rate of $57)
\17\ per fund, each year. Accordingly, Commission staff estimates that
all funds will incur 133.50 hours at a cost of $7609.50 \18\ in
complying with the recordkeeping requirement of rule 22c-2(a)(3).
---------------------------------------------------------------------------

    \16\ ICI, 2014 Investment Company Fact Book at Fig 1.7 (2014)
(http://www.ici.org/pdf/2014factbook.pdf).
    \17\ $57 hour figure for a general clerk is derived from SIFMA's
Office Salaries in the Securities Industry 2013 modified to account
for an 1800-hour work-year and multiplied by 2.93 to account for
bonuses, firm size, employee benefits, and overhead.
    \18\ This estimate is based on the following calculations: (10
minutes x 801 fund groups = 8010 minutes); (8010 minutes/60 = 133.5
hours); (133.5 hours x $57 = $7609.50).
---------------------------------------------------------------------------

    Therefore, Commission staff estimates that to comply with the
information sharing agreement requirements of rule 22c-2(a)(2) and (3),
it requires a total of 32,945.5 hours at a cost of $12,476,169.50.\19\
---------------------------------------------------------------------------

    \19\ This estimate is based on the following calculations: (9612
hours + 23,200 hours + 133.5 hours = 32,945.5 hours); ($3,652,560 +
$8,816,000 + $7609.50 = $12,476,169.50).
---------------------------------------------------------------------------

    The Commission staff estimates that on average, each fund group
requests shareholder information once a week, and gives instructions
regarding the restriction of shareholder trades every day, for a total
of 417 responses related to information sharing systems per fund group
each year, and a total 334,017 responses for all fund groups
annually.\20\ In addition, as described above, the staff estimates that
funds make 68 responses related to board determinations, 2403 responses
related to new intermediaries of existing fund groups, 5800 responses
related to new fund group information sharing agreements, and 801
responses related to recordkeeping, for a total of 9072 responses
related to the other requirements of rule 22c-2. Therefore, the
Commission staff estimates that the total number of responses is
343,164 (334,017 + 9147 = 343,164).
---------------------------------------------------------------------------

    \20\ This estimate is based on the following calculations: (52 +
365 = 417); (417 x 801 fund groups = 334,017).
---------------------------------------------------------------------------

    The Commission staff estimates that the total hour burden for rule
22c-2 is 33,829.5 hours at a cost of $13,123,121.50.\21\
---------------------------------------------------------------------------

    \21\ This estimate is based on the following calculations: (884
hours (board determination) + 32,945.5 hours (information sharing
agreements) = 33,829.5 total hours); ($12,476,169.50 + $646,952 =
$13,123,121.50).
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    Responses provided to the Commission will be accorded the same
level of confidentiality accorded to other responses provided to the
Commission in the context of its examination and oversight program.
Responses provided in the context of the Commission's examination and
oversight program are generally kept confidential. Complying with the
information collections of rule 22c-2 is mandatory for funds that
redeem their shares within 7 days of purchase. An agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid control
number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC

20549; or send an email to<EMAIL_ADDRESS>
    Dated: September 22, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22914 Filed 9-25-14; 8:45 am]
BILLING CODE 8011-01-P