[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38050-38051]
[FR Doc No: 2012-15482]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14380-000]

Grand Coulee Project Hydroelectric Authority; Notice of
Preliminary Permit Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Competing Applications

    On April 4, 2012, Grand Coulee Project Hydroelectric Authority
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 Pinto Dam Hydroelectric Project (Pinto Dam Project or project) to
be located at the U.S.

Bureau of Reclamation's Pinto dam, on Billy Clapp Lake near the city of
Moses Lake in Grant County, Washington. 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 use the existing Pinto dam, and would
consist of the following new facilities: (1) A 72-inch-diameter
penstock connecting the existing Pinto dam outlet tunnel to a
powerhouse located immediately downstream of the dam; (2) a powerhouse
containing a 3.4-megawatt Francis turbine/generator unit; (3) a
tailrace discharging flows into the existing feed route between Billy
Clapp Lake and Brook Lake; (4) a 7,000-foot-long, 34.5-kilovolt (kV)
transmission line extending from the project to a 34.5-kV transmission
line owned by the Public Utility District No. 1 of Grant County,
Washington; and (5) appurtenant facilities. The estimated annual
generation of the Pinto Dam Project would be 8.1 gigawatt-hours.
    Applicant Contact: Mr. Ronald K. Rodewald, Secretary-Manager, Grand
Coulee Project Hydroelectric Authority, P.O. Box 209, Ephrata,
Washington 98823; phone:<PHONE_NUMBER>.
    FERC Contact: Jennifer Harper; 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. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    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-14380) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 19, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-15482 Filed 6-25-12; 8:45 am]
BILLING CODE 6717-01-P


  SEQ CHAPTER \h \r 1 LEGAL ADVERTISEMENT		ADVANCE COPY

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In accordance with Title 40 of the United States Code of Federal
Regulations, Section 281.52(c)(1), the United States Environmental
Protection Agency (EPA) is hereby giving notice of its proposal to
approve the State of New Hampshire’s revised underground storage tank
(UST) program.

New Hampshire has applied for final authorization for revisions to its
UST program under the Resource Conservation and Recovery Act (RCRA).
EPA reviewed New Hampshire’s application and has made a determination,
subject to public review and comment, that New Hampshire’s UST program
revisions satisfy all of the requirements necessary to qualify for Final
program approval. New Hampshire’s program approval revision
application is available for public review at the addresses below.

DATES: Written comments on New Hampshire’s program approval revision
application must be received by the close of business thirty (30) days
after publication in the Federal Register.

EPA New England expects the immediate final Federal Register notice to
be published the first week in October, 2006.

ADDRESSES: A copy of New Hampshire’s program approval revision
application is available for inspection at the following addresses:

New Hampshire Department of Environmental Services

Public Information Center

29 Hazen Drive,

Concord, New Hampshire 03302-0095

Business Hours: 8 AM to 4 PM, Monday through Friday

tel:<PHONE_NUMBER> or 271-2975.

	EPA Region1 Library

One Congress Street, 11th Floor

Boston, Massachusetts, 02114-2023

Business hours: 10:00 AM to 3:00 PM, Tuesday through Thursday,

tel:<PHONE_NUMBER>.

Written comments should be sent to Susan L. Hanamoto at the address
below.

SUMMARY:  New Hampshire received final approval on June 19, 1991,
effective July 19, 1991 (56 FR 28089) to administer the UST program in
lieu of the federal program.  On November 2, 1993, effective January 3,
1994 (58 FR 58624), EPA codified the approved New Hampshire program,
incorporating by reference the state statutes and regulations that are
thereby subject to EPA’s inspection and enforcement authorities under
RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other
applicable statutory and regulatory provisions.  New Hampshire submitted
its final application on February 23, 2006 for this latest update, and
upon review EPA has determined that the State’s underground storage
tank program revisions satisfy all of the requirements necessary to
qualify for Final program approval.  New Hampshire is seeking approval
for revisions to its underground storage tank base program regulations
for which it has been previously approved.  A complete listing of the
revisions will be in the upcoming Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan L. Hanamoto, EPA Region 1, One
Congress Street, Suite 1100 (HBO), Boston, Massachusetts, 02114-2023;
tel:<PHONE_NUMBER>.


Record of Communication

Subject:  Number of EPA Protocol Gas Production Sites

On October 30, 2009, an EPA contractor responded to an inquiry from John Schakenbach of the Environmental Protection Agency (EPA) regarding the number of EPA Protocol gas production sites in the U.S.  The EPA contractor conducted a survey to identify specialty gas companies which produce gas standards (tri-blends containing SO2, NO, and CO2) that are prepared and certified according to EPA’s Traceability Protocol.  Internet searches and review of previous EPA audit publications were performed to develop a list of specialty gas producers for consideration as audit candidates.  Specialty gas companies and their production sites identified by a 2008 EPA study were also reviewed and served as a “baseline” list of producers.  The survey identified 14 specialty gas companies, some with several production sites each, which produce EPA Protocol gas standards.  There are other companies that only distribute Protocol gases. The specialty gas companies are:

Airgas

Also known as Airgas Specialty Gases/Airgas National Welders/ Linde/BOC.

Purchased AGA Gas, Inc. in Ohio.

Claims to be the largest specialty gas network in the U.S.

State they manufacture EPA Protocols at six laboratories, but do not identify them.

Air Liquide America

Purchased Scott Specialty Gases in 2007.

Locations nationwide.

Liquide Technology Corporation

Matheson Tri-Gas

MESA Specialty Gas & Equipment

Gases blended by MESA, then certified by Scott-Marrin.

PraxAir

Locations nationwide.

Red Ball Oxygen

Scott-Marrin

Spec Air Specialty Gas

Specialty Air Technologies, Inc.

“Small wholesale specialty gas company” in CA.

Specialty Gases of America

Member of the American Gas Group.

Spectra Gases, Inc.

Applied Gas, Inc.

Contacted EPA about being included in the list of Protocol Gas producers.

GTS-Welco

“A Praxair Venture”

These could be gases produced by Praxair. However, GTS states their EPA Protocol Gases are produced at their production facility in Morrisville, PA, which is not a facility listed by Praxair.

EPA Protocol Gas Producers	Production Locations /

Sales Offices

Airgas

(also known as Airgas/Linde/BOC and

Airgas National Welders)	Airgas National Welders

630 United Drive

Durham, NC 27713

	Airgas Specialty Gases

6421 Monclova Rd

Maumee, OH 43537

419-893-7226

	Airgas Southwest

21 Waterway Court

Suite 550

The Woodlands, TX  77380

832-585-0540

Airgas (cont.)	Airgas NCN

(Northern Calif. & Nevada)

6790 Florin Perkins Road

Suite 300

Sacramento, CA  95828

916-379-1000

	Airgas South

125 Townpark Drive, NW

Suite 400

Kennesaw, GA  30144

770-590-6200

	Airgas East

17 and 27 Northwestern Dr.

Salem, NH  03079

800-562-3815

	Airgas Mid America

2950 Industrial Drive

Bowling Green, KY  42101

270-842-9489

	Airgas North Central

1250 W. Washington Street

West Chicago, IL 60185

630-231-9260

	Airgas Great Lakes

6055 Rockside Woods Blvd.

Independence, OH  44131

216-642-6600

Airgas (cont.)	Airgas Mid South

31 N. Peoria

Tulsa, OK  74120

918-582-0885

	Airgas West

4007 Paramount Blvd.

Suite 100

Lakewood, CA  90712

562-497-1991

Air Liquide America	11426 West Fairmont Pkwy

La Porte, TX  77571

281-474-8419

Scott Specialty Gases

(is now Air Liquide America Specialty Gases LLC – purchase completed in 2007)	500 Weaver Park Road

Longmont, CO 80501

303-442-4700

	1290 Combermere Street

Troy, MI  48083

248-589-2950

	2330 Hamilton Blvd.

South Plainfield, NJ  07080

908-754-7700

Scott Specialty Gases

(is now Air Liquide America Specialty Gases LLC – purchase completed in 2007)	Corporate Headquarters

6141 Easton Road, Bldg 1

Plumsteadville, PA 18949

215-766-7221

	9810 Bay Area Boulevard

Pasadena, TX 77507

218-474-5800

ADDITIONAL LOCATIONS –

Air Liquide America Specialty Gases LLC	301 South 45th Ave.

Phoenix, AZ  85043

602-273-1328

	700 Decoto Road

Union City, CA  94587

510-429-4216

	9857 Bachman Road

Orlando, FL  32824

407-856-6932

	1311 New Savannah Road

Augusta, GA  30901

706-724-8721

	27 Forestwood Court Unit A

Romeoville, IL  60446

815-372-0204

	18222 East Petroleum Drive

Baton Rouge, LA  70809

225-754-0609

	373 Southwest Cutoff

Worcester, MA  01604

508-792-0437

	326 Forestville Road

Wake Forest, NC  27587

919-556-6461

ADDITIONAL LOCATIONS –

Air Liquide America Specialty Gases LLC	2708 South Meridian Ave

Oklahoma City, OK  73108

405-681-0589

	6529 NW Front Avenue

Portland, Oregon  97210

503-224-4351

	1001 Alvin Weinberg Drive

Oak Ridge, TN  37830

865-482-7046

	1676 South 700 West

Salt Lake City, UT  84101

801-972-5893

Liquid Technology Corporation	2564 Pemberton Dr.

Apopka, FL  32703

800-465-0405

Matheson Tri-Gas 	1650 Enterprise Parkway

Twinsburg, OH 44087

973-257-1100

MESA Specialty Gas & Equipment	3619 W. Pendleton Ave

Suite C

Santa Ana, CA 92704

714-434-7102

PraxAir 	145 Shimersville Road

Bethlehem, PA

800-PRAXAIR

	5700 South Alameda Street

Los Angeles, CA 90058

800-PRAXAIR

	Connecticut

World Headquarters

39 Old Ridgebury Road

Danbury, CT  06810-5113

203-837-2000

	Georgia

900 Westpark Drive, Ste 100

Peachtree City, GA  30269

678-364-8080

	Illinois

7000 High Grove Blvd.

Burr Ridge, IL  60527-7595

630-320-4000

	Texas

222 Pennbright Dr., Ste 300

Houston, TX  77090

281-872-2100

Red Ball Oxygen 	555 Fontenac St

Shreveport, LA  71107

800-551-8150

Scott-Marrin, Inc.	6531 Box Springs Blvd.

Riverside, CA   92507

951-653-6780

Spec Air Specialty Gas	22 Albiston Way                                  Auburn, ME  04210

207-777-6218

Specialty Air Technologies, Inc. 	6544 ½ Cherry Avenue

Long Beach, CA 90805

562-984-7230

Specialty Gases of America	6055 Brent Drive

Toledo, OH  43611

419-729-7732

Spectra Gases, Inc. 	3434 Route 22

West Branchburg, NJ 08876

800-932-0624

	Accurate Gas Company (owned and operated by ARGO, Inc.)	P.O. Box 608

Alexandria, AL 36250

256-820-8427

Applied Gas, Inc.	Applied Gas, Inc.

13903 Highway 35

Danbury, TX 77534

  HYPERLINK "http://www.appliedgas.com"  www.appliedgas.com

979-922-1804

Atlantic States Specialty Gases  (ASG)	PO Box 2519                                        Westfield, NJ  07090

908-654-7954

DeLille Specialty Gases	772 Marion Road                     Columbus, OH  43207

877-935-3377

GTS-Welco

("A Praxair Venture)	One Steel Road East                      Morrisville, PA  19067

800-942-1148

NorLab	Pacific NW Regional Representative –

Norco, Inc.

Corporate Office

1125 W. Amity

Boise, ID  83705

  HYPERLINK "http://www.norco-inc.com/"  www.norco-inc.com

800-657-6672

South Atlantic Regional Representative –

JDF Associates

Corporate Office

1061 Cambridge Square

Suite A

Alpharetta, GA  30004

  HYPERLINK "http://www.jdfassoc.com/"  www.jdfassoc.com

770-751-9267

Spec Gas, Inc.	86 Vincent Circle

Ivyland, PA  18974

215-355-2405

3rd Party Vendors - Sell Gases Produced by Vendors Above

>>  Accuate Gas Company sells Airgas gases

>>  ILMO Products Company sells Specialty Gases of America

>>  Norlab Specialty Gases sells Specialty Air Tech. Gases

Additional companies found to be distributors:

>>  Scientific Gases Corporation

>>  Special Gas Services, Inc.

>>  Coastal Specialty Gas

>>  Butler Gas Products Company

>>  Linde North America, Inc.—“Through Spectra Gases we provide specialized high purity gas and biochemical knowhow”; although, statement on Airgas website makes claim that Airgas bought Linde Gas USA in June 2007 (not sure which is the package gas, or specialty gas, division)


[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Page 9686]
[FR Doc No: 2013-03017]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-492-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Contract Assignment to be effective 2/1/2013.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5060.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: RP13-493-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Update GT&C Section 26 to be effective 2/1/2013.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5061.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: RP13-494-000.
    Applicants: Alliance Pipeline L.P.
    Description: Feb 1-28 2013 Auction to be effective 2/1/2013.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5173.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: RP13-495-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 01/30/13 Negotiated Rates--Citigroup Energy Inc.
(RTS)--6075-04 & 05 Amend 3 to be effective 2/1/2013.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5226.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: RP13-496-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 01/30/13 Negotiated Rates--ConocoPhillips Amend 2
(RTS) 30159-19 & 20 to be effective 2/1/2013.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5227.
    Comments Due: 5 p.m. ET 2/11/13.

    Docket Numbers: RP13-497-000.
    Applicants: TransColorado Gas Transmission Company L.
    Description: Permanent Capacity Release Waiver Request.
    Filed Date: 1/30/13.
    Accession Number: 20130130-5304.
    Comments Due: 5 p.m. ET 2/11/13.

    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.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: January 31, 2013.
Nathaniel J. Davis, Sr.
Deputy Secretary
[FR Doc. 2013-03017 Filed 2-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54136-54137]
[FR Doc No: 2019-22021]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14992-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications;
Pumped Hydro Storage, LLC

    On May 8, 2019, Pumped Hydro Storage, 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 a pumped storage project
in Coconino County, Arizona. On August 1, 2019, the applicant filed a
revised application for the project to address Commission staff's June
19, 2019 comments. 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 Navajo Nation Salt Trail Canyon Pumped Storage Project
would consist of the following: (1) A new 240-foot-high, 500-foot-long
upper dam and reservoir; (2) a new 140-foot-high, 1,000-foot-long lower
dam and reservoir; (3) six 250- megawatt, turbine-generator units, for
a total installed capacity of 1,500 megawatts; (4) a new 20-mile-long,
500-kilovolt transmission line from the powerhouse to the existing
Moenkopi switchyard; and (5) appurtenant facilities. The proposed
project would have an average annual generation of 3,300 gigawatt-
hours.
    Applicant Contact: Steve Irwin, Pumped Hydro Storage, LLC, 6514 S
41st Lane, Phoenix, AZ 85041; phone:<PHONE_NUMBER>.
    FERC Contact: Tim Konnert; 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-14992-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14992) in the docket number field to

access the document. For assistance, contact FERC Online Support.

    Dated: October 2, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-22021 Filed 10-8-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Pages 8883-8886]
[FR Doc No: 2017-01999]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79873; File No SR-CBOE-2017-007]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

January 25, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 17, 2017, 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is also available on the Exchange's Web site
(http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the
Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt a new Liquidity Provider Sliding
Scale

Adjustment Table (``Adjustment Table'').\3\ By way of background, under
the Liquidity Provider Sliding Scale (``LP Sliding Scale''), a
Liquidity Provider's (CBOE Market-Makers, DPMs and LMMs) standard per-
contract transaction fees for all products except Underlying Symbol
List A \4\ and mini options are reduced based upon the Liquidity
Provider (``LP'') reaching certain contract volume thresholds in a
month.\5\ The Exchange proposes to adopt the Adjustment Table which
would establish Taker fees to be applied to ``Taker'' volume and a
Maker rebate that would be applied to ``Maker'' volume in addition to
the transaction fees assessed under the LP Sliding Scale. The amount of
the Taker fee (or Maker rebate) would be determined by the LP's
percentage of volume from the previous month that was Maker (``Make
Rate''). The proposed Performance Tiers (determined by the Make Rate),
fees and rebate are as follows:
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee change on
January 3, 2017 (SR-CBOE-2017-002). On January 17, 2017, the
Exchange withdrew that filing and submitted this filing.
    \4\ As of January 3, 2017, Underlying Symbol List A includes
Underlying Symbol List A consists of [sic] OEX, XEO, RUT, RLG, RLV,
RUI, AWDE, FTEM, FXTM, UKXM SPX/SPXW, SPXpm, SRO, VIX, Volatility
Indexes and binary options.
    \5\ See CBOE Fees Schedule, Liquidity Provider Sliding Scale.

----------------------------------------------------------------------------------------------------------------
                                     Make rate             Maker rebate                      Taker fee
                                 -------------------------------------------------------------------------------
        Performance tier            (% based on                      Non-penny                       Non-penny
                                   prior month)    Penny classes      classes      Penny classes      classes
----------------------------------------------------------------------------------------------------------------
1...............................            0-50         ($0.00)         ($0.00)           $0.04           $0.08
2...............................           51-75          (0.00)          (0.00)            0.03            0.06
3...............................           76-85          (0.00)          (0.00)            0.02            0.04
4...............................           86-90          (0.00)          (0.00)            0.01            0.02
5...............................          91-100          (0.01)          (0.00)            0.00            0.00
----------------------------------------------------------------------------------------------------------------

    As indicated above, the adjustment to a LP's transaction fees will
be determined by which Performance Tier a LP qualifies for, which is
based on the LP's ``Make Rate.'' More specifically, the Make Rate is
derived from an LP's electronic volume the previous month in all
symbols excluding Underlying Symbol List A using the following formula:
(i) The LP's total electronic automatic execution (``auto-ex'') Maker
volume (i.e., volume resulting from that LP's resting quotes or single
sided quotes/orders that were executed by an incoming order or quote),
divided by (ii) the LP's total auto-ex volume (i.e., volume that
resulted from the LP's resting quotes/orders and volume that resulted
from that LP's quotes/orders that removed liquidity).\6\ The Exchange
notes that (i) trades on the open, and (ii) complex orders \7\ will be
excluded from Make Rate calculation. Additionally, as with the
Liquidity Provider Sliding Scale, the Exchange will aggregate the
trading activity of separate Liquidity Provider firms for purposes of
the Adjustment Table if there is at least 75% common ownership between
the firms as reflected on each firm's Form BD, Schedule A. The Exchange
notes that the Performance Tiers are independent from the tier levels
in the LP Sliding Scale (e.g., a LP that falls in Tier 3 of the LP
Sliding Scale can fall in Performance Tier 4 of the Adjustment Table).
The Exchange also notes once a LP's Make Rate has been determined for a
given month, the corresponding Performance Tier will applicable for the
next month only. For example, the Performance Tier rates that will be
applied in February 2017 will be based on a LP's Make Rate volume from
January 2017. Similarly, the Performance Tier that would apply for a
Market-Maker in March 2017, would be based off the LP's Make Rate for
February 2017 and so forth.
---------------------------------------------------------------------------

    \6\ For example, a Trading Permit Holder's electronic auto-ex
Maker contract volume in December 2016 is 1,800,000 contracts and
its total electronic auto-ex volume is 3,000,000 contracts,
resulting in a Make Rate of 60% (Performance Tier 2). As such, the
Trading Permit Holder's electronic Taker volume in January 2017
would be assessed $0.03 per contract for penny classes and $0.06 per
contract for non-penny class volume.
    \7\ Simple, non-complex orders that execute against a complex
order will not be excluded.
---------------------------------------------------------------------------

    The Exchange next proposes to establish the applicable Taker fees
and Maker rebate set forth in the Performance Tiers for Penny and non-
Penny classes. The Exchange proposes to apply these adjustments to a
LP's electronic volume only, including auction responses, but excluding
the following: (i) Trades on the open, (ii) Qualified Contingent Cross
(``QCC'') orders, (iii) complex orders,\8\ and (iv) original paired
orders executed via an auction mechanism. As noted above, the Taker
fees set forth in the Adjustment Table would be applied to ``Taker''
volume. Taker volume under the Adjustment Table would include the
following: (i) Volume resulting from a LP's orders and/or quotes
removing other market participants' resting orders and/or quotes and
(ii) volume resulting from a LP's primary orders in unpaired auctions
(i.e., Hybrid Agency Liaison (``HAL'') and HAL on the Open (``HALO'')).
The Exchange notes that Taker fees for Penny classes would be subject
to a cap of $0.50 per contract, which includes the LP Sliding Scale
transaction fee, Adjustment Table fee and Marketing Fee.\9\ The Maker
rebate set forth in the Adjustment Table would be applied to ``Maker''
volume, defined for this purpose as the following: (i) Volume resulting
from executions against a LP's resting orders and/or quotes and (ii)
volume resulting from a LP's responses to auctions (i.e., Automated
Improvement Mechanism (``AIM''), HAL, and/or HALO
---------------------------------------------------------------------------

    \8\ Simple, non-complex orders that execute against a complex
order will not be excluded.
    \9\ For example, if an LP is assessed the Marketing Fee on a
given transaction ($0.25 per contract) for which it was a Taker in a
Penny class, and that LP falls in Tier 1 of the LP Sliding Scale
($0.23 per contract) and Performance Tier 1 of the Adjustment Table
($0.04 per contract), the LP would be assessed $0.50 per contract
for the transaction, instead of $0.52 per contract.

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

responses).\10\ The Exchange notes that other Exchanges assess
transactions fees based on whether volume is ``maker'' or
``taker''.\11\ The Exchange lastly proposes to make clear in the
``Notes'' section of the Affiliate Volume Program (``AVP'') table that
the transaction fee credits under AVP do not apply to the LP Adjustment
Table.
---------------------------------------------------------------------------

    \10\ For example, based on December 2016's volume, a LP's
Performance Tier is Tier 2 for January 2017. In January 2017, the LP
has the following breakdown of volume:
    1,162,500 contracts from AIM responses in Penny Classes
    2,000,000 contracts from electronic Maker activity in Penny
Classes
    1,000,000 contracts from electronic Maker activity in Non-Penny
Classes
    500,000 contracts from electronic Taker activity in Penny
Classes
    100,000 contracts from electronic Taker activity in Non-Penny
Classes
    200,000 contracts from responses to HAL in Penny Classes
    Per the proposed Adjustment Table, the LP would be assessed
$0.03 per contract for the 500,000 Taker Penny contracts ($15,000)
and $0.06 per contract for the 100,000 Taker non-Penny contracts
($6,000), resulting in an additional charge of $21,000. If based on
December 2016's volume the LP had instead met Performance Tier 5,
for January 2017, the LP would have been entitled to a rebate of
$0.01 for its Penny Maker volume of 3,362,500 (1,162,500 AIM
responses, 2,000,000 Maker auto-ex Penny contracts and 200,000 HAL
responses) for a total rebate of $33,625. In this example, no
additional fees would be assessed on the LP's Taker volume.
    \11\ See e.g., Miami International Securities Exchange LLC
(``MIAX'') Options Fees Schedule, Section 1(a), Market Maker
Transaction Fees.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ 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 facilitating
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. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\14\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that adopting the Adjustment Table is
reasonable because the amount of LP transaction fees including the
proposed Taker fees and Taker cap of $0.50 per contract are similar and
in line with the amount assessed for similar transactions at other
Exchanges.\15\ Additionally, the Adjustment Table provides LPs an
opportunity to qualify for a rebate they would not otherwise receive.
The Exchange also notes that other exchanges have established
transaction fees for Market-Makers based on maker and taker
activity.\16\ Additionally the proposed rule change is designed to
encourage LPs to provide and post liquidity to the Exchange. The
different tiers provide an incremental incentive for LPs to add, rather
than take, liquidity.
---------------------------------------------------------------------------

    \15\ See e.g., International Securities Exchange (``ISE'')
Schedule of Fees, Regular Order Fees and Rebates. See also, BOX
Options Exchange Fees Schedule, Section I., Exchange Fees.
    \16\ Id. See also MIAX Options Fees Schedule, Section 1(a),
Market Maker Transaction Fees.

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

    The Exchange believes that it is reasonable, equitable and not
unfairly discriminatory to only assess an additional Taker fee to those
transactions removing liquidity from the market (``Takers'') and not
Maker volume because the Exchange wants to continue to encourage market
participation and price improvement. The Exchange's proposal to charge
LPs who remove more liquidity higher fees is equitable and not unfairly
discriminatory as it is common practice among options exchanges to
differentiate fees for adding liquidity and fees for removing liquidity
as discussed above.
    The Exchange also believes it's equitable and not unfairly
discriminatory to assess higher fees for non-Penny option classes than
Penny option classes and provide a rebate only for Penny classes
because Penny classes and Non-Penny classes offer different pricing,
liquidity, spread and trading incentives. The spreads in Penny classes
are tighter than those in Non-Penny classes (which trade in $0.05
increments). The wider spreads in non-Penny option classes allow for
greater profit potential.
    Limiting the Adjustment Table to orders entered electronically is
equitable and not unfairly discriminatory because the Exchange seeks to
improve the quality of posted electronic markets. Additionally, the
Exchange cannot discern whether an order is a Maker or Taker in open-
outcry.
    The Exchange believes it's equitable and not unfairly
discriminatory to exclude Trades on the Open because these transactions
involve the matching of undisplayed pre-opening trading interest. As
such, there is, in effect, no Maker or Taker activity occurring. The
Exchange would also like to encourage users to submit pre-opening
orders. This brings greater liquidity and trading opportunity, which
benefits all market participants. Similarly, the Exchange believes it's
equitable and not unfairly discriminatory to exclude the original
paired orders entered into an auction mechanism because there is no
Maker or Taker activity occurring with respect to the original paired
order.
    The Exchange believes it's reasonable, equitable and not unfairly
discriminatory to exclude complex orders from the Adjustment Table
because complex orders are already subject to the Complex Surcharge.
    The Exchange believes it's reasonable, equitable and not unfairly
discriminatory to exclude QCC orders from the Adjustment Table because
QCC orders are also not subject to the Liquidity Provider Sliding
Scale.
    Excluding auction responses from the Make Rate is equitable and not
unfairly discriminatory because the Exchange wants to encourage
improved resting liquidity. The Exchange notes however, that auction
responses are included as Maker with respect to the potential Maker
rebate, as it still wants to reward price improvement and using auction
mechanisms.
    Lastly, the Exchange believes the proposed change is also equitable
and not unfairly discriminatory because all similarly situated LPs are
subject to the same fee structure.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition that are 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 all similarly situated
LPs are subject to the same fee structure. Additionally the proposed
rule change is designed to encourage LPs to provide and post liquidity
to the Exchange, which benefits all market participants.
    The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition

that is not necessary or appropriate in furtherance of the purposes of
the Act because the proposed change only affects trading on CBOE. To
the extent that the proposed change makes CBOE a more attractive
marketplace for market participants at other exchanges, such market
participants are welcome 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 \17\ and paragraph (f) of Rule 19b-4 \18\
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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-2017-007 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.

All submissions should refer to File Number SR-CBOE-2017-007. 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 available publicly. All
submissions should refer to File Number SR-CBOE-2017-007 and should be
submitted on or before February 21, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01999 Filed 1-30-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Rules and Regulations]
[Page 9842]
[FR Doc No: 2012-3811]

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

Federal Energy Regulatory Commission

18 CFR Part 292

[Docket No. RM09-23-000]

Revisions to Form, Procedures and Criteria for Certification of
Qualifying Facility Status for a Small Power Production or Cogeneration
Facility

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document contains corrections to the final regulations
(Docket No. RM09-23-000) which were published in the Federal Register
of Tuesday, March 30, 2010 (75 FR 15950). The final rule document
adopted revisions to FERC Form 556 and to Commission procedures and
criteria for the certification of qualifying status for a small power
production or cogeneration facility.

DATES: Effective date: February 21, 2012.

FOR FURTHER INFORMATION CONTACT: S.L. Higginbottom (Legal Information),
Office of the General Counsel, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. Telephone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The final regulations that are the subject
of these regulations amended 18 CFR 292.602(c) and affect the
Commission's grant of exemption of qualifying small power production
facilities and cogeneration facilities from certain Federal and State
laws and regulations.
    As published, the final regulations contained errors which involved
the removal of subparagraphs from 18 CFR 292.602(c)(1). These
subparagraphs contain critical information concerning which state laws
apply to qualifying small power production facilities and qualifying
cogeneration facilities.

List of Subjects in 18 CFR Part 292

    Electric power, Electric power plants, Electric utilities.

Kimberly D. Bose,
Secretary.

    Accordingly, 18 CFR part 292 is corrected by making the following
correcting amendment:

Subchapter K--Regulations Under the Public Utility Regulatory Policies
Act of 1978

PART 292--REGULATIONS UNDER SECTION 201 AND 210 OF THE PUBLIC
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER
PRODUCTION AND COGENERATION

0
1. The authority citation for part 292 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Section 292.602(c) is amended by adding paragraphs (c)(1)(i) and
(c)(1)(ii) to read as follows:

Sec.  292.602  Exemption to qualifying facilities from the Public
Utility Holding Company Act of 2005 and certain State laws and
regulations.

* * * * *
    (c) * * *
    (1) * * *
    (i) The rates of electric utilities; and
    (ii) The financial and organizational regulation of electric
utilities.
* * * * *
[FR Doc. 2012-3811 Filed 2-17-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12493-12495]
[FR Doc No: 2012-4972]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0900; FRL-9626-3]

Revisions to the California State Implementation Plan, Feather
River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing a limited approval and limited disapproval
of revisions to the Feather River Air Quality Management District
(FRAQMD) portion of the California State Implementation Plan (SIP).
This action was proposed in the Federal Register on December 6, 2011
and concerns oxides of nitrogen (NOX) emissions from
internal combustion engines. Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this action simultaneously approves a
local rule that regulates these emission sources and directs California
to correct rule deficiencies.

DATES: Effective Date: This rule is effective on April 2, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0900 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On December 6, 2011 (76 FR 76115), EPA proposed a limited approval
and limited disapproval of the following rule that was submitted for
incorporation into the California SIP.

----------------------------------------------------------------------------------------------------------------
          Local agency               Rule No.              Rule title              Adopted          Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.........................          3.22 \1\  Internal Combustion                06/01/09          01/10/10
                                                    Engines.
----------------------------------------------------------------------------------------------------------------
\1\ In some sections of the published proposal, we incorrectly used the number 2.33 instead of the correct 3.22
  to refer to the rule on which we were proposing action. The name of the rule was correctly stated in the
  proposal and the correct rule was available in the docket for reviewing. We believe that this error did not
  negatively impact the public's opportunity to comment or the intent of our proposal.

    We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
the following rule provision conflicts with section 110 and part D of
the Act which prevents full approval of the SIP revision. Section G.1.g
allows for alternate testing without including sufficient QA/QC
requirements to demonstrate compliance. This undermines enforceability
of the rule which contradicts CAA requirements for enforceability.
    Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, EPA is finalizing a limited
approval of the submitted rule. This action incorporates the submitted
rule into the California SIP, including those provisions identified as
deficient. As authorized under section 110(k)(3), EPA is simultaneously
finalizing a limited disapproval of the rule. Neither sanctions nor a
Federal Implementation Plan (FIP) will be imposed due to this limited
disapproval. The limited disapproval also does not prevent any portion
of the rule from being incorporated by reference into the federally
enforceable SIP as discussed in a July 9, 1992 EPA memo found at:
http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals and limited approvals/
limited disapprovals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because
this limited approval/limited disapproval action does not create any
new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the limited approval/limited disapproval
action promulgated does not include a Federal mandate that may result
in estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to the private sector. This
Federal action approves pre-existing requirements under State or local
law, and imposes no new requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule 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, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
State rule implementing a Federal standard.

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

    This rule 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.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing

programs and policies unless doing so would be inconsistent with
applicable law or otherwise impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 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.
    EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act

    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 rule 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). This rule will be effective on April 2, 2012.

L. Petitions for Judicial Review

    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 April 30, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: January 13, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(378)(i)(E) to read
as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (378) * * *
    (i) * * *
    (E) Feather River Air Quality Management District.
    (1) Rule 3.22, ``Internal Combustion Engines,'' adopted on June 01,
2009.
* * * * *
[FR Doc. 2012-4972 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Page 86977]
[FR Doc No: 2020-28916]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Industry Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FAA is hosting a virtual industry day to introduce the
Small Airport Surveillance Sensor (SASS) Project to the aviation
community. The FAA will present and discuss the SASS Project vision,
objectives, and project timelines. The SASS Industry Day will provide a
platform for interested organizations to learn about the technical
details of the SASS system, and to potentially collaborate on projects
with the FAA on SASS.

DATES: The virtual meeting will be held on February 4, 2021, from 10:00
a.m. to 12:00 p.m. Eastern Time.
    Registrations to attend the SASS Industry Day must be completed by
January 29, 2021.
    Requests for accommodations to a disability must be received by
January 15, 2021.
    Letters of Interest from industry to work with the FAA on SASS must
be received no later than March 12, 2021. Further details regarding
submission of the Letters of Interest will be provided during the SASS
Industry Day event.

ADDRESSES: This will be a virtual meeting. Those who wish to attend
must register via the following Eventbrite link: https://www.eventbrite.com, search for ``SASS Industry Day'' under the Events,
and click on Register. Follow-on electronic invitations for the virtual
meeting will be sent to the Eventbrite-registered attendees.

FOR FURTHER INFORMATION CONTACT: Todd Lewis, SASS Project Manager,
Technology Development & Prototyping Division (ANG-C51), Federal
Aviation Administration, 800 Independence Ave. SW, Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    There are over 500 airports in the U.S. with air traffic control
towers. Tower controllers maintain situational awareness of surface and
nearby airborne traffic primarily via visual surveillance, which can be
impaired during times of low visibility or bad weather. Depending on
the airport size, visual surveillance can be augmented with various
means. Most of the large airports (surrounded by Class B airspace) have
Airport Surveillance Detection Equipment--Model X (ASDE-X) which
provides situational awareness to tower controllers of surface and
nearby airborne traffic. The medium size airports (surrounded by Class
C airspace) generally lack ASDE-X due to cost considerations. All
aircraft entering Class B or C airspace are now required to have ADS-B
Out capability.
    There are also approximately 350 airports surrounded by Class D
airspace only, which does not require the ADS-B Out capability. Since
aircraft not equipped with ADS-B capability will continue to operate at
these airports surrounded by Class D airspace, there is a need for a
low-cost, all-weather surveillance capability to provide situational
awareness in times of bad weather and/or low visibility.
    The SASS system addresses this need by employing a novel phased-
array antenna, state-of-the-art digital signal processing and
commercial off-the-shelf (COTS) hardware. Unlike ASDE-X, the SASS
system only requires two sensor arrays and a master unit, all of which
are located on the airport grounds. An SASS testbed has been
implemented and operated at Hanscom Field in Massachusetts by MIT
Lincoln Laboratory with FAA funding.
    The SASS testbed has been used to demonstrate active (interrogated)
and passive (listen only) surveillance of Mode S and air traffic
control radar beacon system (ATCRBS) transponders. The positional
accuracy goals of 30 feet on the airport surface and 0.2 nautical miles
(NM) out to 20 NM range have been achieved. Based on this demonstrated
performance, the FAA wishes to begin technology transfer of the SASS
design to industry. The SASS Industry Day is the first step in this
process.
    Each industry member that is interested in working with the FAA to
engage in the potential further development of SASS after attending the
SASS Industry Day event must provide a Letter of Interest to the FAA
which states the organization's capability to undertake the development
of the technology, past performance/history in developing other
secondary surveillance systems, proposed schedule for developing the
technology and anticipated commercial use for the technology.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.

    Issued in Washington, DC, on December 21, 2020.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2020-28916 Filed 12-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51022-51023]
[FR Doc No: 2012-20744]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 12429-007]

Clark Canyon Hydro, LLC; Notice of Application Accepted for
Filing, Ready for Environmental Analysis, and Soliciting Comments,
Motions To Intervene and Protests, Recommendations, Terms and
Conditions, and Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of license to change transmission
line route
    b. Project No.: 12429-007.
    c. Date Filed: May 31, 2012.
    d. Applicant: Clark Canyon Hydro, LLC .
    e. Name of Project: Clark Canyon Dam Hydroelectric Project.
    f. Location: When constructed, the project will be located at the
U.S. Department of the Interior, Bureau of Reclamation's Clark Canyon
dam on the Beaverhead River, in Beaverhead County near the Town of
Dillon, Montana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r).
    h. Applicant Contact: Brent L. Smith, Chief Operating Officer,
Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442; telephone: (208) 745-
0834
    i. FERC Contact: Linda Stewart, telephone:<PHONE_NUMBER>, and
email address<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and fishway prescriptions is 60
days from the issuance of this notice; reply comments are due 105 days
from the issuance date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-12429-007)
on any comments, motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Clark Canyon Hydro, LLC (licensee)
proposes to change the transmission line route authorized in the August
26, 2009 Order Issuing Original License. Instead of constructing a 0.3-
mile-long, 24.9-kilovolt (kV) transmission line connecting the
powerhouse to the local utility's existing transmission system as
authorized in the license, the licensee proposes to construct a 7.9-
mile-long, 69-kV transmission line connecting the powerhouse to Idaho
Power Company's Peterson substation.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support. A copy is also available for
inspection and reproduction at the address in item (h) above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``PROTEST'', ``MOTION TO
INTERVENE'', ``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS'',
``TERMS AND CONDITIONS'', or ``FISHWAY PRESCRIPTIONS''; (2) set forth
in the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. All comments, recommendations or terms and conditions
must set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). All comments, recommendations or terms
and conditions should relate to project works which are the subject of
the license amendment. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application. If an intervener files
comments or documents with the Commission relating to the merits of an
issue that may affect the responsibilities

of a particular resource agency, they must also serve a copy of the
document on that resource agency. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: August 16, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-20744 Filed 8-22-12; 8:45 am]
BILLING CODE 6717-01-P