[Federal Register: March 6, 2009 (Volume 74, Number 43)]
[Notices]
[Page 9862-9864]
[DOCID:fr06mr09-70]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59471; File No. SR-NYSEArca-2009-13]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Listing and Trading of Shares of the iShares[supreg] MSCI All Peru
Index Fund

February 27, 2009.
    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 February 20, 2009, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE Arca filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca proposes to list and trade shares (``Shares'') of the
iShares[supreg] MSCI All Peru Index Fund (``Fund''). The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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 Exchange proposes to list and trade the Shares of the following
fund under NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing
standards for Investment Company Units (``ICUs''): \5\ iShares[supreg]
MSCI All Peru Index Fund.\6\ According to the Registration Statement,
the Fund seeks investment results that correspond generally to the
price and yield performance, before fees and expenses, of the MSCI All
Peru Index (the ``Index''). The Index is sponsored by MSCI, Inc., the
Index Provider, that is independent of the Fund and Barclays Global
Fund Advisors, the investment adviser to the Fund. The Index Provider
determines the composition and relative weightings of the securities in
the Index and publishes information regarding the market value of the
Index. The Index is a free float-adjusted market capitalization index
designed to measure the performance of the ``Broad Peru Equity
Universe.'' MSCI defines the Broad Peru Equity Universe by identifying
Peruvian equity securities that are classified in Peru according to the
MSCI Global Investable Market Indices Methodology (a methodology
employed by MSCI to construct its Global Investable Market Indices,
which classifies eligible securities according to their country of
listing) as well as securities of companies that are headquartered in
Peru and have the majority of their operations based in Peru. As of
August 31, 2008, the Index's three largest constituents were Cia Minera
Milpo SAA, Credicorp Ltd., and Southern Copper Corporation.
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    \5\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
    \6\ See the Trust's Registration Statement for the Fund on Form
N-1A, dated October 6, 2008 (File Nos. 333-92935 and 811-09729).
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    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the ``generic'' listing
requirements of Commentary .01(a)(B) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of ICUs based on international or
global indexes. The Index meets all such requirements except for those
set forth in Commentary .01(a)(B)(2).\7\ The Exchange represents that:
(1) Except for the requirement under Commentary .01(a)(B)(2) to NYSE
Arca Equities Rule 5.2(j)(3) that component stocks that in the
aggregate account for at least 90% of the weight of the index each
shall have a minimum monthly trading volume during each of the last six
months of at least 250,000 shares, the Shares of the Fund currently
satisfy all of the generic listing standards under NYSE Arca Equities
Rule 5.2(j)(3); (2) the continued listing standards under NYSE Arca
Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to ICUs shall apply
to the Shares; and (3) the Trust is required to comply with Rule 10A-3
\8\ under the Act \9\ for the initial and continued listing of the
Shares. In addition, the Exchange represents that the Shares will
comply with all other requirements applicable to ICUs including, but
not limited to, requirements relating to the dissemination of key
information such as the Index value and Intraday Indicative Value, the
rules governing the trading of equity securities, trading hours,
trading halts, surveillance,\10\, and the Information Bulletin to ETP
Holders, as set forth in Exchange rules applicable to ICUs and in prior
Commission orders approving the generic listing rules applicable to the
listing and trading of ICUs.\11\ Detailed descriptions of the

Fund, the Index, the Index Provider, procedures for creating and
redeeming Shares, transaction fees and expenses, risks, dividends,
distributions, taxes, and reports to be distributed to beneficial
owners of the Shares can be found in the Trust's Registration Statement
or on the Web site for the Fund (http://www.ishares.com), as
applicable.
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    \7\ The Exchange states that the Index fails to meet the
requirement of Commentary .01(a)(B)(2) to NYSE Arca Equities Rule
5.2(j)(3) that component stocks that in the aggregate account for at
least 90% of the weight of the index each shall have a minimum
monthly trading volume of at least 250,000 shares. The Exchange
states that, as of January 30, 2009 component stocks that in the
aggregate account for 89.12% of the Index weight had a minimum
monthly trading volume of at least 250,000 shares.
    \8\ 17 CFR 240.10A-3.
    \9\ 15 U.S.C. 78a.
    \10\ The Exchange may obtain information for surveillance
purposes via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members of ISG. The Exchange notes that the Index
component stocks do not trade on markets that are ISG members and
the Exchange does not have a comprehensive surveillance agreement
with such markets. For a list of the current members of ISG, see
www.isgportal.org.
    \11\ See, e.g., Securities Exchange Act Release Nos. 55621
(April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86)
(order approving generic listing standards for ICUs based on
international or global indexes); 44551 (July 12, 2001), 66 FR 37716
(July 19, 2001) (SR-PCX-2001-14) (order approving generic listing
standards for ICUs and Portfolio Depositary Receipts); and 41983
(October 6, 1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29)
(order approving rules for listing and trading of ICUs).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act,\12\ in that
it is designed to prevent fraudulent and manipulative practices, to
promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanisms of, a free and open market and a
national market system, and, in general, to protect investors and the
public interest. The proposed rule change will allow the listing and
trading of the Fund on the Exchange, which the Exchange believes will
enhance competition among market participants, to the benefit of
investors and the marketplace.
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    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(6) of Rule
19b-4 \14\ thereunder.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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 fulfilled the five business-day pre-
filing requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the Exchange can list and trade the
Shares immediately. The Exchange states that the proposed rule change
does not significantly affect the protection of investors or the public
interest and does not impose any significant burden on competition.
NYSE Arca believes that the proposed rule change is non-controversial
in that the Index for the Fund fails to meet the requirements set forth
in Commentary .01(a)(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) by only
a small amount (0.88%) and the Shares of the Fund currently satisfy all
of the other applicable generic listing standards under NYSE Arca
Equities Rule 5.2(j)(3) and all other requirements applicable to ICUs,
as set forth in Exchange rules and prior Commission orders approving
the generic listing rules applicable to the listing and trading of
ICUs. In addition, the Exchange believes that it has developed adequate
trading rules, procedures, surveillance programs, and listing standards
for the continued listing and trading of the Shares.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\15\ Given that the Shares comply with all of the NYSE Arca
Equities generic listing standards for ICUs (except for narrowly
missing the requirement relating to minimum worldwide monthly trading
volume of stocks composing 90% of the Index), the listing and trading
of the Shares by NYSE Arca does not appear to present any novel or
significant regulatory issues or impose any significant burden on
competition. For these reasons, the Commission designates the proposed
rule change as operative upon filing.
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-13. 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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-NYSEArca-2009-
13 and should be submitted on or before March 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4768 Filed 3-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7177-7178]
[FR Doc No: 2014-02484]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14556-000]

Gridflex Energy, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 12, 2013, the Gridflex Energy, LLC, filed an
application for a

preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Rose Creek Pumped
Storage Project (Rose Creek Project or project) to be located on the
Rose Creek Reservoir, near the town of Hawthorne, Mineral County,
Nevada. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of an expansion of the existing
Rose Creek Reservoir as upper reservoir and a new lower reservoir,
joined by approximately 12,300 feet of conduit. The project would also
consist of the following: (1) A 100-foot-high by 1,720-foot-wide
roller-compacted concrete or concrete-face rock-fill expansion of the
existing Rose Creek Dam; (2) a 40-foot-high by 4,100-foot-wide
concrete-face rock-fill or earthen lower reservoir ring embankment; (3)
an expanded upper reservoir with a surface area of 35 acres and a
total/usable storage capacity of 2,112 acre-feet at normal maximum
operation elevation of 6,390 feet msl; (4) a lower reservoir with a
surface area of 21 acres and a total/usable storage capacity of 1,056
acre-feet at normal maximum operation elevation of 4,075 feet msl; (5)
a 2,200-foot-long, 9.6-foot-diameter concrete-lined low pressure
headrace; (6) a 9,600-foot-long, 9.6-foot-diameter concrete and steel-
lined high pressure headrace; (7) a 700-foot-long, 11.6-foot-diameter
concrete-lined tailrace; (8) a 200-foot-long by 60-foot-wide by 120-
foot-high powerhouse located at an elevation of approximately 3,930-
foot-high and at a depth of 150 feet below ground level; (9) a new, 20-
mile-long, 230-kilovolt (kV) transmission line connected to the 230-kV
Dixie Valley Oxbow transmission line or a new, 15-mile-long, 230-kV
transmission line connected to Sierra Pacific Power's Thorne
substation; and (10) appurtenant facilities. The estimated annual
generation of the Rose Creek Project would be 547.5 gigawatt-hours.
    Applicant Contact: Matthew Shapiro, CEO, Gridflex Energy, LLC, 1210
W. Franklin St., Ste. 2, Boise, ID 83702; phone:<PHONE_NUMBER>.
    FERC Contact: Tim Welch; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14556-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14556) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 30, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02484 Filed 2-5-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52424-52425]
[FR Doc No: 2013-20499]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0073; Airspace Docket No. 13-ASO-2]

Amendment of Class E Airspace; Dayton, TN, Establishment of Class
E Airspace; Cleveland, TN, and Revocation of Class E Airspace; Bradley
Memorial Hospital, Cleveland, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Dayton, TN, as the
Hardwick Non-Directional Beacon (NDB) has been decommissioned and new
Standard Instrument Approach Procedures (SIAPs) have been developed at
Mark Anton Airport. Also, Hardwick Field Airport has closed; therefore,
the controlled airspace area is removed. This action also establishes
Class E Airspace at Cleveland Regional Jetport, Cleveland, TN, to
accommodate area navigation (RNAV) global positioning system (GPS)
SIAPs at the airport. Information regarding Bradley Memorial Hospital
is added to the Cleveland, TN, airspace description and removed from
both the Dayton, TN, regulatory text as well as its listing as Bradley
Memorial Hospital, Cleveland, TN, to correct an erroneous reference.

DATES: Effective 0901 UTC, October 17, 2013. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 1, 2013, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to amend Class E airspace at Mark Anton
Airport, Dayton, TN, establish Class E airspace at Cleveland Regional
Jetport, Cleveland, TN, and remove designation of Class E airspace at
Bradley Memorial Hospital, Cleveland, TN, (78 FR 25403). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9W dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 9.8-mile radius of Mark Anton Airport, Dayton, TN,
to accommodate new standard instrument approach procedures due to the
decommissioning of the Hardwick NDB and cancellation of the NDB
approach. Additionally, this action establishes Class E airspace 700
feet above the surface within a 7.4 mile radius at Cleveland Regional
Jetport, with a segment extending from the 7.4-mile radius to 12-miles
southwest of the Jetport, to accommodate RNAV (GPS) standard instrument
approach procedures for instrument flight rules (IFR) operations. Also,
Hardwick Field Airport has closed, and controlled airspace removed.
Information regarding Bradley Memorial Hospital is added to the
Cleveland, TN, airspace description and removed from the Dayton, TN,
regulatory text as well as its listing as Bradley Memorial Hospital,
Cleveland, TN, to correct an erroneous reference. This action enhances
the safety and airspace management of IFR operations in the Dayton, TN,
and Cleveland, TN, airspace areas.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace in the Dayton, and Cleveland, TN,
airspace areas.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

ASO TN E5 Dayton, TN [Amended]

Mark Anton Airport, TN
    (Lat. 35[deg]29'10'' N., long. 84[deg]55'52'' W.)
Bledsoe County Hospital, Pikeville, TN, Point in Space Coordinates
    (Lat. 35[deg]37'34'' N., long. 85[deg]10'38'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9.8-mile radius of the Mark Anton Airport, and that
airspace within a 6-mile radius of the Point in Space Coordinates
(lat. 35[deg]37'34'' N., long 85[deg]10'38'' W.) serving Bledsoe
County Hospital, Pikeville, TN.
* * * * *

ASO TN E5 Cleveland, TN [New]

Cleveland Regional Jetport, TN
    (Lat. 35[deg]12'41'' N., long. 84[deg]47'59'' W.)
Bradley Memorial Hospital, TN, Point in Space Coordinates
    (Lat. 35[deg]10'52'' N., long. 84[deg]52'56'' W.)
    That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Cleveland Regional Jetport, and within
2-miles each side of the 209[deg] bearing from the airport,
extending from the 7.4-mile radius to 12-miles southwest of the
airport, and within a 6-mile radius of the Point in Space
Coordinates (lat. 35[deg]10'52'' N., long.84[deg]52'56'' W.) serving
Bradley Memorial Hospital.
* * * * *

ASO TN E5 Bradley Memorial Hospital, Cleveland, TN [ Removed]

    Issued in College Park, Georgia, on August 16, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-20499 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35636-35641]
[FR Doc No: 2016-12375]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0198; FRL-9940-14-Region 1]

Approval and Promulgation of Implementation Plans; Connecticut;
Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur
Dioxide, and Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from
Connecticut regarding the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2008 lead, 2008 ozone, 2010 nitrogen dioxide,
and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS).
EPA is also converting conditional approvals for several infrastructure
requirements for the 1997 ozone NAAQS and for the 1997 and 2006 fine
particle (PM2.5) NAAQS to full approval under the CAA.
Furthermore, we are conditionally approving elements of Connecticut's
infrastructure requirements of the CAA regarding prevention of
significant deterioration requirements to treat nitrogen oxides as a
precursor to ozone and to establish a minor source baseline date for
PM2.5 emissions. Lastly, EPA is approving three statutes
submitted by Connecticut in support of its demonstration that the
infrastructure requirements of the CAA have been met. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.

DATES: This rule is effective on July 5, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket
are listed on the http://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional

Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square, Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays. Copies of the documents relevant to
this action are also available for public inspection during normal
business hours, by appointment at: Bureau of Air Management, Department
of Energy and Environmental Protection, State Office Building, 79 Elm
Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses submissions from the Connecticut
Department of Energy and Environmental Protection (CT DEEP). The state
submitted its infrastructure SIP for each NAAQS on the following dates:
2008 Pb--October 13, 2011; 2008 ozone--December 28, 2012; 2010
NO2--January 2, 2013; and 2010 SO2--May 30, 2013.
This rulemaking also addresses certain infrastructure SIP elements for
the 1997 and 2006 PM2.5 NAAQS for which EPA previously
issued a conditional approval. See 77 FR 63228 (October 16, 2012). The
state submitted these infrastructure SIPs on September 4, 2008, and
September 18, 2009, respectively. Lastly, this rulemaking addresses one
infrastructure SIP element for the 1997 8-hour ozone NAAQS for which
EPA previously issued a conditional approval. See 76 FR 40248 (July 8,
2011). The state submitted this infrastructure SIP on December 28,
2007.
    EPA did not receive any comments, adverse or otherwise, in response
to the Notice of Proposed Rulemaking (NPR). See 80 FR 54471 (September
10, 2015).

II. Final Action

    EPA is approving SIP submissions from Connecticut certifying that
the state's current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and 110(a)(2) for the
2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS, with the exception of certain aspects relating to PSD which we
are conditionally approving. A summary of EPA's actions regarding these
infrastructure SIP requirements is contained in Table 1 below.

                   Table 1--Action Taken on CT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                   Element                        2008 Pb         2008 Ozone        2010 NO2         2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control                     A                A                A                A
 measures...................................
(B): Ambient air quality monitoring and data               A                A                A                A
 system.....................................
(C)(i): Enforcement of SIP measures.........               A                A                A                A
(C)(ii): PSD program for major sources and               A *              A *              A *              A *
 major modifications........................
(C)(iii): Permitting program for minor                     A                A                A                A
 sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/                    A        No action                A        No action
 interfere with maintenance of NAAQS (prongs
 1 and 2)...................................
(D)(i)(II): PSD (prong 3)...................             A *              A *              A *              A *
(D)(i)(II): Visibility Protection (prong 4).               A                A                A                A
(D)(ii): Interstate Pollution Abatement.....               A                A                A                A
(D)(ii): International Pollution Abatement..               A                A                A                A
(E)(i): Adequate resources..................               A                A                A                A
(E)(ii): State boards.......................               A                A                A                A
(E)(iii): Necessary assurances with respect               NA               NA               NA               NA
 to local agencies..........................
(F): Stationary source monitoring system....               A                A                A                A
(G): Emergency power........................               A                A                A                A
(H): Future SIP revisions...................               A                A                A                A
(I): Nonattainment area plan or plan                       +                +                +                +
 revisions under part D.....................
(J)(i): Consultation with government                       A                A                A                A
 officials..................................
(J)(ii): Public notification................               A                A                A                A
(J)(iii): PSD...............................             A *              A *              A *              A *
(J)(iv): Visibility protection..............               +                +                +                +
(K): Air quality modeling and data..........               A                A                A                A
(L): Permitting fees........................               A                A                A                A
(M): Consultation and participation by                     A                A                A                A
 affected local entities....................
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

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

------------------------------------------------------------------------
A.................................  Approve
A *...............................  Approve, but conditionally approve
                                     aspect relating to NOX as a
                                     precursor to ozone and minor source
                                     baseline date for PM2.5 under the
                                     PSD program.
+.................................  Not germane to infrastructure SIPs.
No action.........................  EPA is taking no action on this
                                     infrastructure requirement.
NA................................  Not applicable.
------------------------------------------------------------------------

    With respect to the 1997 and 2006 PM2.5 NAAQS, EPA is
approving Connecticut's infrastructure SIP submittal requirements
pertaining to Elements 110(a)(2)A, D(ii) (interstate pollution
abatement), and E(ii) (state boards) for which a conditional approval
was previously issued. See 77 FR 63228, October 16, 2012. Also with
respect to the 1997 and 2006 PM2.5 NAAQS, EPA is newly
conditionally approving Connecticut's submittals pertaining to Elements
110(a)(2)C(ii), D(i)(II), and J(iii) for the requirements to treat
NOX as a precursor to ozone and to establish a minor source
baseline date for PM2.5 in the PSD program.
    With respect to the 1997 8-hour ozone NAAQS, EPA is approving
Connecticut's infrastructure SIP submittal requirements pertaining to
Element 110(a)(2)(D)(ii) (interstate pollution abatement) for which a
conditional approval was previously issued. See 77 FR 63228, October
16, 2012.
    In addition, we are incorporating into the Connecticut SIP the
following Connecticut statutes which were included for approval in
Connecticut's infrastructure SIP submittals:

Connecticut General Statutes (CGS) Section 1-85 (Formerly Sec. 1-68)
``Interest in conflict with discharge of duties,'' as published in the
General Statutes of Connecticut revised to January 1, 2015; amended in
Public Act 89-97 in January 1989, effective October 1, 1989;
CGS Section 22a-171 (Formerly Sec. 19-507) ``Duties of Commissioner of
Energy and Environmental Protection,'' as published in the General
Statutes of Connecticut revised to January 1, 2013; amended in Public
Act 84-546 in 1984, effective October 1, 1984;
CGS Section 16a-21a ``Sulfur content of home heating oil and off-road
diesel fuel. Suspension of requirements for emergency,'' as published
in the General Statutes of Connecticut revised to January 1, 2013,
effective July 1, 2011.

    As noted in Table 1, EPA is conditionally approving Connecticut's
commitment for sub-element sections 110(a)(2)(C)(ii), (D)(i)(II) and
(J)(iii) with respect to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS, as well as newly conditionally approving
the state's submittals for these sub-elements with respect to the 1997
and 2006 PM2.5 NAAQS. In a letter dated August 5, 2015,
Connecticut committed to adopt and submit to EPA, one year from the
publication of this conditional approval, regulatory revisions to
Connecticut's prevention of significant deterioration and new source
review permitting requirements that meet the requirements to treat
NOX as a precursor pollutant to ozone and to establish a
minor source baseline date for PM2.5.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain, but not later than one year from the date
of approval. By this date, the State must meet its commitment made in
its August 5, 2015 letter to submit revisions to its PSD program that
fully meet the requirements above. If the State fails to do so, this
action will become a disapproval one year from the date of publication
of final approval. EPA will notify the State by letter that this action
has occurred. At that time, this commitment will no longer be a part of
the approved Connecticut SIP. EPA subsequently will publish a document
in the Federal Register notifying the public that the conditional
approval is converted to a disapproval. If the State meets its
commitment within the applicable time frame, the conditionally approved
submission will remain a part of the SIP until EPA takes final action
approving or disapproving the new submittal. If EPA disapproves the new
submittal, the conditionally approved portions of Connecticut's
Infrastructure SIP submittals will also be disapproved at that time. If
EPA approves the revised PSD program submittal, then the portions of
Connecticut's infrastructure SIP submittals that were conditionally
approved will be fully approved in their entirety. In addition, final
disapproval of an infrastructure SIP submittal triggers the Federal
implementation plan (FIP) requirement under section 110(c).
    Other specific requirements of infrastructure SIPs and the
rationale for EPA's final action on Connecticut's submittals are
explained in the NPR and will not be restated here.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 2, 2016. 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 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: December 3, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 H--Connecticut

0
2. Section 52.370 is amended by adding reserved paragraph (c)(111) and
adding paragraph (c)(112) to read as follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (111) [Reserved]
    (112) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
December 28, 2007; September 4, 2008; September 18, 2009; October 13,
2011; December 28, 2012; January 2, 2013; and May 30, 2013.
    (i) [Reserved.]
    (ii) Additional materials.
    (A) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 8-Hour Ozone National Ambient Air Quality Standard Program
Infrastructure,'' Final, December 28, 2007.
    (B) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan for Clean Air Act Section 110(a) Infrastructure
Elements: 1997 National Ambient Air Quality Standard for Fine
Particulate Matter,'' Final, September 4, 2008.
    (C) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 2006 Fine Particulate Matter National Ambient Air Quality
Standard,'' Final, September 18, 2009.
    (D) The Connecticut Department of Energy and Environmental
Protection document, ``Request to Withdraw a Portion of Connecticut's
PM2.5 Infrastructure Adequacy Determination,'' January 7,
2011.
    (E) The Connecticut Department of Energy and Environmental
Protection document, ``Addendum to the CAA Sec.  110(a)(2)(D)(i)(I)
Portion of Connecticut's Infrastructure Submittal for the 2006
PM2.5 NAAQS,'' August 19, 2011.
    (F) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
    (2) for the 2008 Lead National Ambient Air Quality Standard,''
Final, October 13, 2011.
    (G) The Connecticut Department of Energy and Environmental
Protection document, ``Update to Connecticut PM2.5
Infrastructure Submittals,'' June 15, 2012.
    (H) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with
Regard to the Infrastructure Requirements of Clean Air Act Section
110(a)(1) and 110(s)(2) for the 2008 Ozone National Ambient Air Quality
Standards, Final, December 28, 2012.
    (I) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with
Regard to the Infrastructure Requirements of Clean Air Act Section
110(a)(1) and 110(a)(2) for the 2010 Nitrogen Dioxide National Ambient
Air Quality Standards, Final, January 2, 2013.
    (J) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan for Clean
Air Act Section 110(a) Infrastructure Elements: 2010 Sulfur Dioxide
National Ambient Air Quality Standard, Final, May 30, 2013.
    (K) The Connecticut Department of Energy and Environmental
Protection letter, ``Supplement to Infrastructure State Implementation
Plan (SIP) Revisions,'' August 5, 2015.

0
3. Section 52.380 is amended by adding paragraphs (f), (g), and (h) to
read as follows:

Sec.  52.380  Rules and regulations.

* * * * *

     Note 1 to paragraphs (f) through (h): ``state'' means the state
of Connecticut.

    (f) Connecticut General Statutes Section 1-85. (Formerly Sec. 1-
68). Interest in conflict with discharge of duties: A public official,
including an elected state official, or state employee has an interest
which is in substantial conflict with the proper discharge of his
duties or employment in the public interest and of his responsibilities
as prescribed in the laws of this state, if he has reason to believe or
expect that he, his spouse, a dependent child, or a business with which
he is associated will derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of his official activity.
A public official, including an elected state official, or state
employee does not have an interest which is in substantial conflict
with the proper discharge of his duties in the public interest and of
his responsibilities as prescribed by the laws of this state, if any
benefit or detriment accrues to him, his spouse, a dependent child, or
a business with which he, his spouse or such dependent child is
associated as a member of a profession, occupation or group to no
greater extent than any other member of such profession, occupation or
group. A public official, including an elected state official or state
employee who has a substantial conflict may not take official action on
the matter.
    (g) Connecticut General Statutes Section 22a-171. (Formerly Sec.
19-507). Duties of Commissioner of Energy and Environmental Protection:
The Commissioner of Energy and Environmental Protection of the State of
Connecticut shall:

    (1) Initiate and supervise programs for the purposes of determining
the causes, effect and hazards of air pollution;
    (2) Initiate and supervise state-wide programs of air pollution
control education;
    (3) Cooperate with and receive money from the Federal Government
and, with the approval of the Governor, from any other public or
private source;
    (4) Adopt, amend, repeal and enforce regulations as provided in
Connecticut General Statutes Section 22a-174 and do any other act
necessary to enforce the provisions of Connecticut General Statutes
Chapter 446c and Connecticut General Statutes Section 14-164c;
    (5) Advise and consult with agencies of the United States, agencies
of the state, political subdivisions and industries and any other
affected groups in furtherance of the purposes of Connecticut General
Statutes Chapter 446c.
    (h) Connecticut General Statutes Section 16a-21a. Sulfur content of
home heating oil and off-road diesel fuel. Suspension of requirements
for emergency. (1)(i) The amount of sulfur content of the following
fuels sold, offered for sale, distributed or used in this state shall
not exceed the following percentages by weight:
    (A) For number two heating oil, three-tenths of one per cent; and
    (B) For number two off-road diesel fuel, three-tenths of one per
cent.
    (ii) Notwithstanding paragraph (h)(1)(i) of this section, the
amount of sulfur content of number two heating oil sold, offered for
sale, distributed or used in this state shall not exceed the following
percentages by weight:
    (A) For the period beginning July 1, 2011, and ending June 30,
2014, fifty parts per million; and
    (B) On and after July 1, 2014, fifteen parts per million.
    (iii) The provisions of paragraph (h)(1)(ii) of this section shall
not take effect until the states of New York, Massachusetts and Rhode
Island each have adopted requirements that are substantially similar to
the provisions of said paragraph (h)(1)(ii).
    (2) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to one thousand five hundred parts per million, the sulfur
content of number two heating oil sold, offered for sale, distributed
or used in this state shall not exceed one thousand five hundred parts
per million.
    (3) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to one thousand two hundred fifty parts per million, the
sulfur content of number two heating oil sold, offered for sale,
distributed or used in this state shall not exceed one thousand two
hundred fifty parts per million.
    (4) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to five hundred parts per million, the sulfur content of
number two heating oil sold, offered for sale, distributed or used in
this state shall not exceed five hundred parts per million.
    (5) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
off-road diesel fuel to five hundred parts per million, the sulfur
content of number two off-road diesel fuel offered for sale,
distributed or used in this state shall not exceed five hundred parts
per million.
    (6) The Commissioner of Energy and Environmental Protection of the
State of Connecticut may suspend the requirements of subsections (a) to
(e), inclusive, of this Connecticut General Statutes Section 16a-21a if
the commissioner finds that the physical availability of fuel which
complies with such requirements is inadequate to meet the needs of
residential, commercial or industrial users in this state and that such
inadequate physical availability constitutes an emergency provided the
commissioner shall specify in writing the period of time such
suspension shall be in effect.

     Note 2 to paragraph (h): EPA has replaced the original
structure of the CT statute with the structure of the CFR and uses
``paragraph'' instead of the original statutory language of
``subsection'' and ``subdivision.'' EPA has also replaced the (a)-
level of the original statute with the (1)-level in the CFR and the
(1)-level in the original statute with the (i)-level in the CFR.

0
4. In Sec.  52.385, Table 52.385 is amended by adding an entry for
Section 1-85, revising the entry for Section 16a-21a, and adding new an
entry for Section 22a-171 to read as follows:

Sec.  52.385 EPA-approved  Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Dates
                                                         ----------------------------------------  Federal Register                        Comments/
   Connecticut state citation         Title/subject         Date adopted by    Date  approved by       citation       Section 52.370      description
                                                                 state                EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Connecticut General Statutes...  Interest in conflict     October 1, 1989...  June 3, 2016......  [Insert Federal             c(112)  Criteria for
                                  with discharge of                                                Register                            identifying a
                                  duties.                                                          citation].                          conflict of
                                                                                interest.
    Section 1-85...............
Connecticut General Statutes...  Sulfur content of home   July 8, 2013......  June 3, 2016......  [Insert Federal             c(112)  Allowable sulfur
                                  heating oil and off                                              Register                            content of fuels
                                  road diesel fuel.                                                citation].                          provided.
                                  Suspension of                                                                                Criteria for
                                  requirements for                                                                                suspension of
                                  emergency.                                                                                requirements
                                                                                identified.
    Section 16a-21a............
Connecticut General Statutes...  Duties of Commissioner   October 1, 1984...  June 3, 2016......  [Insert Federal             c(112)  Obligations and
                                  of Energy and                                                    Register                            activities of the
                                  Environmental                                                    citation].                          Commissioner
                                  Protection..                                                                                identified.
    Section 22a-171............
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
5. Add Sec.  52.386 to read as follows:

Sec.  52.386  Section 110(a)(2) infrastructure requirements.

    The Connecticut Department of Energy and Environmental Protection
submitted the following infrastructure SIPs on these dates: 2008 Pb
NAAQS--October 13, 2011; 2008 ozone NAAQS--

December 28, 2012; 2010 NO2 NAAQS--January 2, 2013; and 2010
SO2 NAAQS--May 30, 2013. These infrastructure SIPs are
approved, with the exception of certain elements within
110(a)(2)(C)(ii), D(i)(II), and J(iii), which are conditionally
approved. Connecticut submitted infrastructure SIPs for the 1997 and
2006 PM2.5 NAAQS on September 4, 2008, and September 18,
2009, respectively, and elements 110(a)(2)(A), D(ii), and E(ii), which
were previously conditionally approved, are now approved. Also with
respect to the 1997 and 2006 PM2.5 NAAQS, elements related
to PSD, which include 110(a)(2)C(ii), D(i)(II), and J(iii) are newly
conditionally approved. Connecticut also submitted an Infrastructure
SIP for the 1997 8-hour ozone NAAQS on December 28, 2007, and element
110(a)(2)(D)(ii), which was previously conditionally approved, is now
approved.

[FR Doc. 2016-12375 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P