[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 40949-40953]
[FR Doc No: 2017-17844]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0167; FRL-9965-62-Region 6]

Approval and Promulgation of Implementation Plans; Louisiana;
Volatile Organic Compounds Rule Revision and Stage II Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions submitted
by the State of Louisiana controlling emissions of volatile organic
compounds (VOCs) and changes to the Stage II gasoline vapor recovery
rule as part of the Louisiana State Implementation Plan (SIP).

DATES: This rule is effective on September 28, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0167. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our March
23, 2017, proposal (82 FR 14845). In that document we proposed to
approve revisions submitted by the State of Louisiana controlling
emissions of volatile organic compounds (VOCs) and changes to the Stage
II gasoline vapor recovery rule as part of the Louisiana State
Implementation Plan (SIP).
    We received comments on the proposal. Our response to the comments
are below.

II. Response to Comments

    Comment: We received three comments opposing our SIP revision. The
commenters expressed concerns that our approval would make air quality
worse.
    Response: As discussed in our proposal and technical support
document we do not believe our approval would worsen air quality. Under
CAA section 110(l) we can approve a SIP revision if it would not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement under
the CAA.
    Consequently, the SIP-approved Stage II vapor recovery programs
cannot be revised or removed unless it is demonstrated that revision or
removal of such program from the SIP would not interfere with any
applicable requirement under the CAA. While Louisiana's submittal is
not requesting the withdrawal of its Stage II rule for these parishes,
this SIP revision is requesting revisions to Louisiana's Stage II
requirements, and thus this revision must be shown to satisfy 110(l) of
the CAA. We evaluated the SIP revision and found that it satisfies
110(l) of the CAA.
    Stage II refers to vapor recovery systems on gasoline dispensing
equipment for the control of emissions during the refueling of
vehicles. This SIP revision provides an exemption to gasoline
dispensing systems that service solely vehicles equipped with onboard
refueling vapor recovery (ORVR) and is approvable because this is an
equivalent vapor recovery system. In order for a system to meet ORVR
requirements, the systems must demonstrate a 95 percent or greater VOC
control efficiency, equivalent to the control achieved by a Stage II
system; thus, there will be no increase in emissions as a result of
this SIP revision. During the phase-in of ORVR controls, which began in
1997, Stage II vapor recovery has provided VOC reductions in ozone
nonattainment areas and certain attainment areas of the OTR. As more
vehicles equipped with ORVR became part of the fleet, Congress
recognized that Stage II would eventually become a largely redundant
technology, and provided authority to the EPA to allow States to
substitute Stage II with ORVR in their SIPs after EPA finds that ORVR
is in widespread use in the applicable area. EPA made the determination
on May 16, 2012 that there was widespread use throughout the country
(77 FR 28772). A detailed discussion of this guidance and the 110(l)
demonstration is provided in the TSD. A copy of this memo is included
in the docket.
    Comment: EPA should not be repealed (sic) or defunded.
    Response: The subject matter of this rulemaking is the control of
volatile organic compounds (VOCs) emissions and changes to the Stage II
gasoline vapor recovery rule as part of the Louisiana State
Implementation Plan (SIP). The funding of EPA is outside the scope of
this rulemaking.

III. Final Action

    We are approving, into the Louisiana SIP, rule revisions to
Louisiana Administrative Code Title 33 Environmental Quality Part III,
chapters 1, 21, 22 and 25 in the 2008-2010 VOC Rule revisions submittal
and chapter 21 in the 2011-2013 Permit Rule revisions submittal.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Louisiana regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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, 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 this action does not involve technical standards; 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 30, 2017. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: August 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart T--Louisiana

0
2. In Sec.  52.970(c), the table titled ``EPA Approved Regulations in
the Louisiana SIP'' is amended by:
0
a. Revising the entry for Section 111 and the entries under Chapter 7.
0
b. Removing the entries for Sections 919-919.A.6, 919.B.1, 919.B.2-
919.B.5.g.v, 919.C, and 919.D.-F.
0
c. Adding entries in sequential order for Sections 1101, 1109, and
2103.
0
d. Removing the entries for Sections 2103.A-2103.B, 2103.C-2103.D.4,
2103.D.4.a, 2103.D.4.b.-2103.D.4.d, 2103.G.1-2103.G.2, 2103.G.3-
2103.G.5, 2103.H.2.a.-d, 2103.H.3, 2103.I.6, 2103.I.7, 2107.E.1.-2,
2108.A, 2108.C.2.-2108.C.3, 2108.D.4, 2108.E.1.a.i.-ii. and E.1.b,
2108.E.2, 2108.E.3. and E.5, and 2108.F.1.
0
e. Adding entries in sequential order for Sections 2017 and 2018.
0
f. Revising the entry for Section 2121.A; the entry for Subchapter C of
Chapter 21; the entries under Subchapters F, I, and J of Chapter 21;
the entries under Chapter 22; and the entry for Chapter 25.
    The revisions and additions read as follows:

Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Louisiana Regulations in the Louisiana SIP
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     State citation        Title/subject          State approval date       EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                          Chapter 1--General Provisions
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                                                  * * * * * * *
Section 111............  Definitions......  1/20/2008.....................  8/29/2017,         .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].

                                                  * * * * * * *
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                                         Chapter 7--Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
Section 701............  Purpose..........  03/20/08......................  01/28/16, 81 FR    .................
                                                                             4891.
Section 703............  Scope............  03/20/08......................  01/28/16, 81 FR    .................
                                                                             4891.
Section 705............  Standards:         Dec. 1987, LR13:741...........  03/08/89, 54 FR    Ref
                          Description of                                     09795.             52.999(c)(49).
                          Ambient Air
                          Quality
                          Standards.
Section 707............  Degradation of     Dec. 1987, LR13:741...........  03/08/89, 54 FR    Ref
                          Ambient Air                                        09795.             52.999(c)(49).
                          Having Higher
                          Quality than Set
                          Forth in these
                          Sections
                          Restricted.
Section 709............  Measurement of     9/20/2006.....................  7/05/2011, 76 FR   Ref
                          Concentrations                                     38977.             52.999(c)(50).
                          PM10, SO2, CO,
                          Atmospheric
                          Oxidants, NOX,
                          and Pb.
Section 711............  Tables 1, 1a, and  9/20/2006.....................  7/05/2011, 76 FR   PM2.5 and PM10
                          2--Air Quality.                                    38977.             standards.

                                                  * * * * * * *
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                                   Chapter 11--Control of Emissions From Smoke
----------------------------------------------------------------------------------------------------------------
Section 1101...........  Control of Air     Dec. 1987, LR13:741...........  03/08/89, 54 FR    Ref
                          Pollution from                                     09795.             52.999(c)(49).
                          Smoke: Purpose
                          and Control of
                          Smoke.

                                                  * * * * * * *
Section 1109...........  Stack Heights....  Dec. 1987, LR13:741...........  03/08/89, 54 FR    Ref
                                                                             09795.             52.999(c)(49).

                                                  * * * * * * *
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                              Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 2103...........  Storage of         10/20/2010....................  8/29/2017,         2103.E.3 is not
                          Volatile Organic                                   [Insert Federal    included in the
                          Compounds.                                         Register           SIP.
                                                                             citation].

                                                  * * * * * * *
Section 2107...........  Volatile Organic   9/20/2008.....................  8/29/2017,         E.1.b., E.1.d.
                          Compounds--Loadi                                   [Insert Federal    and E.1.e. have
                          ng.                                                Register           not been
                                                                             citation].         submitted for
                                                                                approval into
                                                                                the SIP.
Section 2108...........  Marine Vapor       9/20/2008.....................  8/29/2017,         .................
                          Recovery.                                          [Insert Federal
                                                                             Register
                                                                             citation].

                                                  * * * * * * *
Section 2121.A.........  Fugitive Emission  1/20/2008.....................  8/29/2017,         .................
                          Control.                                           [Insert Federal
                                                                             Register
                                                                             citation].

                                                  * * * * * * *
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                                         Subchapter C Solvent Degreasers
----------------------------------------------------------------------------------------------------------------
Section 2125...........  Solvent            1/20/2008.....................  8/29/2017,         .................
                          Degreasers.                                        [Insert Federal
                                                                             Register
                                                                             citation].

                                                  * * * * * * *
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                                         Subchapter F Gasoline Handling
----------------------------------------------------------------------------------------------------------------
Section 2131...........  Filling of         7/20/2010.....................  8/29/2017,         .................
                          Gasoline Storage                                   [Insert Federal
                          Vessels.                                           Register
                                                                             citation].
Section 2132...........  Stage II Vapor     4/20/2011.....................  8/29/2017,         This rule is
                          Recovery Systems                                   [Insert Federal    approved for
                          for Control of                                     Register           fueling/
                          Vehicle                                            citation].         refueling of
                          Refueling                                                             only 100% ORVR
                          Emissions at                                                          vehicles.
                          Gasoline
                          Dispensing
                          Facilities.

                                                  * * * * * * *
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                              Subchapter I Pharmaceutical Manufacturing Facilities
----------------------------------------------------------------------------------------------------------------
Section 2145...........  Pharmaceutical     1/20/2008.....................  8/29/2017,         .................
                          Manufacturing                                      [Insert Federal
                          Facilities.                                        Register
                                                                             citation].
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     Subchapter J Limiting Volatile Organic Compound (VOC) Emissions From Reactor Processes and Distillation
                   Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI)
----------------------------------------------------------------------------------------------------------------
Section 2147...........  Limiting VOC       1/20/2008.....................  8/29/2017,         .................
                          Emissions from                                     [Insert Federal
                          SOCMI Reactor                                      Register
                          Processes and                                      citation].
                          Distillation
                          Operations.

                                                  * * * * * * *
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                            Chapter 22--Control of Emissions of Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Section 2201...........  Affected           1/20/2008.....................  8/29/2017,         .................
                          Facilities in                                      [Insert Federal
                          the Baton Rouge                                    Register
                          Nonattainment                                      citation].
                          Area and the
                          Region of
                          Influence.

Section 2202...........  Contingency Plan.  1/20/2010.....................  11/30/11, 76 FR    Section 2202
                                                                             74000.             approved in the
                                                                                Louisiana
                                                                                Register January
                                                                                20, 2010 (LR
                                                                                36:63).

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                                   Chapter 25--Miscellaneous Incinerator Rules
----------------------------------------------------------------------------------------------------------------
Section 2511...........  Standards of       1/20/2008.....................  8/29/2017,         .................
                          Performance for                                    [Insert Federal
                          Biomedical Waste                                   Register
                          Incinerators.                                      citation].
Section 2521...........  Refuse             1/20/2008.....................  8/29/2017,         .................
                          Incinerators.                                      [Insert Federal
                                                                             Register
                                                                             citation].
Section 2531...........  Standards of       1/20/2008.....................  8/29/2017,         .................
                          Performance for                                    [Insert Federal
                          Crematories.                                       Register
                                                                             citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-17844 Filed 8-28-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24858-24863]
[FR Doc No: 2012-10001]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8227]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of   Current effective  map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New Jersey:
    Alexandria, Township of,          340230  June 28, 1973,      May 2, 2012...........  May 2, 2012.
     Hunterdon County.                         Emerg; April 1,
                                               1981, Reg; May 2,
                                               2012, Susp.

    Delaware, Township of,            340506  October 21, 1974,   ......do*.............   Do.
     Hunterdon County.                         Emerg; January
                                               20, 1982, Reg;
                                               May 2, 2012,
                                               Susp.
    Frenchtown, Borough of,           340234  January 15, 1974,   ......do..............   Do.
     Hunterdon County.                         Emerg; March 16,
                                               1981, Reg; May 2,
                                               2012, Susp.
    Holland, Township of,             340509  June 24, 1975,      ......do..............   Do.
     Hunterdon County.                         Emerg; March 16,
                                               1981, Reg; May 2,
                                               2012, Susp.
    Kingwood, Township of,            340499  November 21, 1973,  ......do..............   Do.
     Hunterdon County.                         Emerg; November
                                               4, 1981, Reg; May
                                               2, 2012, Susp.
    Lambertville, City of,            340237  September 4, 1973,  ......do..............   Do.
     Hunterdon County.                         Emerg; April 1,
                                               1981, Reg; May 2,
                                               2012, Susp.
    Milford, Borough of,              340239  August 6, 1975,     ......do..............   Do.
     Hunterdon County.                         Emerg; November
                                               18, 1981, Reg;
                                               May 2, 2012,
                                               Susp.
    Stockton, Borough of,             345322  April 23, 1971,     ......do..............   Do.
     Hunterdon County.                         Emerg; June 16,
                                               1972, Reg; May 2,
                                               2012, Susp.
    West Amwell, Township of,         340243  November 17, 1972,  ......do..............   Do.
     Hunterdon County.                         Emerg; April 1,
                                               1981, Reg; May 2,
                                               2012, Susp.
New York:
    Amenia, Town of, Dutchess         361332  February 4, 1976,   ......do..............   Do.
     County.                                   Emerg; September
                                               24, 1984, Reg;
                                               May 2, 2012,
                                               Susp.
    Beacon, City of, Dutchess         360217  May 8, 1975,        ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Beekman, Town of, Dutchess        361333  February 5, 1976,   ......do..............   Do.
     County.                                   Emerg; September
                                               5, 1984, Reg; May
                                               2, 2012, Susp.
    Clinton, Town of, Dutchess        361334  March 1, 1976,      ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Dover, Town of, Dutchess          361335  March 22, 1976,     ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1984, Reg; May 2,
                                               2012, Susp.
    East Fishkill, Town of,           361336  July 24, 1975,      ......do..............   Do.
     Dutchess County.                          Emerg; June 15,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Fishkill, Town of,                361337  September 19,       ......do..............   Do.
     Dutchess County.                          1975, Emerg; June
                                               1, 1984, Reg; May
                                               2, 2012, Susp.
    Fishkill, Village of,             360218  August 20, 1975,    ......do..............   Do.
     Dutchess County.                          Emerg; March 15,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Hyde Park, Town of,               361338  May 6, 1976,        ......do..............   Do.
     Dutchess County.                          Emerg; June 15,
                                               1984, Reg; May 2,
                                               2012, Susp.
    LaGrange, Town of,                361011  February 26, 1975,  ......do..............   Do.
     Dutchess County.                          Emerg; September
                                               28, 1979, Reg;
                                               May 2, 2012,
                                               Susp.
    Milan, Town of, Dutchess          361339  November 6, 1975,   ......do..............   Do.
     County.                                   Emerg; August 10,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Millbrook, Village of,            360219  March 25, 1975,     ......do..............   Do.
     Dutchess County.                          Emerg; February
                                               27, 1984, Reg;
                                               May 2, 2012,
                                               Susp.
    Millerton, Village of,            360220  June 24, 1975,      ......do..............   Do.
     Dutchess County.                          Emerg; January 3,
                                               1985, Reg; May 2,
                                               2012, Susp.
    North East, Town of,              361340  August 8, 1975,     ......do..............   Do.
     Dutchess County.                          Emerg; September
                                               5, 1984, Reg; May
                                               2, 2012, Susp.
    Pawling, Town of, Dutchess        361341  June 1, 1976,       ......do..............   Do.
     County.                                   Emerg; January 3,
                                               1985, Reg; May 2,
                                               2012, Susp.
    Pawling, Village of,              361517  March 4, 1976,      ......do..............   Do.
     Dutchess County.                          Emerg; August 1,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Pine Plains, Town of,             361141  June 16, 1976,      ......do..............   Do.
     Dutchess County.                          Emerg; October 5,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Pleasant Valley, Town of,         360221  July 2, 1975,       ......do..............   Do.
     Dutchess County.                          Emerg; January
                                               16, 1980, Reg;
                                               May 2, 2012,
                                               Susp.
    Poughkeepsie, City of,            360222  May 1, 1975,        ......do..............   Do.
     Dutchess County.                          Emerg; January 5,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Poughkeepsie, Town of,            361142  October 21, 1974,   ......do..............   Do.
     Dutchess County.                          Emerg; November
                                               15, 1978, Reg;
                                               May 2, 2012,
                                               Susp.
    Red Hook, Town of,                361143  May 19, 1975,       ......do..............   Do.
     Dutchess County.                          Emerg; October
                                               16, 1984, Reg;
                                               May 2, 2012,
                                               Susp.
    Red Hook, Village of,             361614  May 10, 1985,       ......do..............   Do.
     Dutchess County.                          Emerg; May 10,
                                               1985, Reg; May 2,
                                               2012, Susp.
    Rhinebeck, Town of,               361144  September 12,       ......do..............   Do.
     Dutchess County.                          1975, Emerg;
                                               September 5,
                                               1984, Reg; May 2,
                                               2012, Susp.
    Rhinebeck, Village of,            361999  February 9, 1984,   ......do..............   Do.
     Dutchess County.                          Emerg; February
                                               1, 1985, Reg; May
                                               2, 2012, Susp.
    Stanford, Town of,                361145  March 19, 1976,     ......do..............   Do.
     Dutchess County.                          Emerg; January
                                               21, 1983, Reg;
                                               May 2, 2012,
                                               Susp.
    Tivoli, Village of,               361507  March 18, 1976,     ......do..............   Do.
     Dutchess County.                          Emerg; August 1,
                                               1984, Reg; May 2,
                                               2012, Susp.

    Union Vale, Town of,              361146  July 28, 1975,      ......do..............   Do.
     Dutchess County.                          Emerg; September
                                               2, 1988, Reg; May
                                               2, 2012, Susp.
    Wappinger, Town of,               361387  February 12, 1975,  ......do..............   Do.
     Dutchess County.                          Emerg; June 15,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Wappinger Falls, Village          360223  April 18, 1975,     ......do..............   Do.
     of, Dutchess County.                      Emerg; September
                                               1, 1978, Reg; May
                                               2, 2012, Susp.
    Washington, Town of,              361147  December 11, 1975,  ......do..............   Do.
     Dutchess County.                          Emerg; August 17,
                                               1979, Reg; May 2,
                                               2012, Susp.

           Region IV

Florida:
    Bradford County,                  120015  May 23, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               15, 1989, Reg;
                                               May 2, 2012,
                                               Susp.
    Brooker, Town of, Bradford        120016  N/A, Emerg; April   ......do..............   Do.
     County.                                   16, 1990, Reg;
                                               May 2, 2012,
                                               Susp.
    Hampton, City of, Bradford        120627  N/A, Emerg;         ......do..............   Do.
     County.                                   January 15, 1999,
                                               Reg; May 2, 2012,
                                               Susp.
    Lawtey, City of, Bradford         120628  N/A, Emerg; March   ......do..............   Do.
     County.                                   19, 1998, Reg;
                                               May 2, 2012,
                                               Susp.
    Starke, City of, Bradford         120017  June 27, 1975,      ......do..............   Do.
     County.                                   Emerg; June 18,
                                               1987, Reg; May 2,
                                               2012, Susp.
Mississippi:
    Arcola, Town of,                  280178  May 14, 1973,       ......do..............   Do.
     Washington County.                        Emerg; August 1,
                                               1986, Reg; May 2,
                                               2012, Susp.
    Greenville, City of,              280179  April 10, 1973,     ......do..............   Do.
     Washington County.                        Emerg; August 1,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Hollandale, City of,              280180  May 4, 1973,        ......do..............   Do.
     Washington County.                        Emerg; January
                                               14, 1983, Reg;
                                               May 2, 2012,
                                               Susp.
    Leland, City of,                  280181  May 2, 1973,        ......do..............   Do.
     Washington County.                        Emerg; February
                                               15, 1979, Reg;
                                               May 2, 2012,
                                               Susp.
    Washington County,                280177  May 4, 1973,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               3, 1980, Reg; May
                                               2, 2012, Susp.

           Region V

Ohio:
    Lisbon, Village of,               390085  February 8, 1977,   ......do..............   Do.
     Columbiana County.                        Emerg; September
                                               30, 1988, Reg;
                                               May 2, 2012,
                                               Susp.
Wisconsin:
    Burlington, City of,              550348  July 18, 1973,      ......do..............   Do.
     Racine County.                            Emerg; May 15,
                                               1978, Reg; May 2,
                                               2012, Susp.
    Caledonia, Village of,            550628  N/A, Emerg;         ......do..............   Do.
     Racine County.                            December 5, 2008,
                                               Reg; May 2, 2012,
                                               Susp.
    Mount Pleasant, Village           550322  N/A, Emerg; April   ......do..............   Do.
     of, Racine County.                        28, 2008, Reg;
                                               May 2, 2012,
                                               Susp.
    Racine, City of, Racine           555575  March 26, 1971,     ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1973, Reg; May 2,
                                               2012, Susp.
    Racine County,                    550347  July 5, 1973,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1982, Reg; May 2,
                                               2012, Susp.
    Rochester, Village of,            550352  March 21, 1975,     ......do..............   Do.
     Racine County.                            Emerg; January 2,
                                               1981, Reg; May 2,
                                               2012, Susp.
    Sturtevant, Village of,           550353  N/A, Emerg; April   ......do..............   Do.
     Racine County.                            28, 2008, Reg;
                                               May 2, 2012,
                                               Susp.
    Union Grove, Village of,          550586  March 15, 1979,     ......do..............   Do.
     Racine County.                            Emerg; June 17,
                                               1986, Reg; May 2,
                                               2012, Susp.
    Waterford, Village of,            550354  June 10, 1975,      ......do..............   Do.
     Racine County.                            Emerg; January 2,
                                               1981, Reg; May 2,
                                               2012, Susp.
    Wind Point, Village of,           550355  March 18, 1975,     ......do..............   Do.
     Racine County.                            Emerg; September
                                               30, 1980, Reg;
                                               May 2, 2012,
                                               Susp.

           Region VI

Arkansas:
    Bald Knob, City of, White         050222  September 19,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               April 3, 1987,
                                               Reg; May 2, 2012,
                                               Susp.
    Beebe, City of, White             050223  October 9, 1975,    ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1981, Reg; May
                                               2, 2012, Susp.
    Biggers, Town of, Randolph        050388  November 20, 1975,  ......do..............   Do.
     County.                                   Emerg; August 24,
                                               1982, Reg; May 2,
                                               2012, Susp.
    Bradford, City of, White          050131  January 14, 1983,   ......do..............   Do.
     County.                                   Emerg; October
                                               15, 1985, Reg;
                                               May 2, 2012,
                                               Susp.

    Georgetown, Town of, White        050605  February 21, 2001,  ......do..............   Do.
     County.                                   Emerg; May 13,
                                               2004, Reg; May 2,
                                               2012, Susp.
    Higginson, Town of, White         050225  October 18, 2007,   ......do..............   Do.
     County.                                   Emerg; December
                                               1, 2007, Reg; May
                                               2, 2012, Susp.
    Judsonia, City of, White          050226  May 9, 1975,        ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1987, Reg; May
                                               2, 2012, Susp.
    Kensett, City of, White           050227  January 19, 1976,   ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1987, Reg; May 2,
                                               2012, Susp.
    Maynard, Town of, Randolph        050265  August 7, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               21, 1982, Reg;
                                               May 2, 2012,
                                               Susp.
    McRae, City of, White             050228  August 20, 1975,    ......do..............   Do.
     County.                                   Emerg; June 25,
                                               1976, Reg; May 2,
                                               2012, Susp.
    Pocahontas, City of,              050183  September 25,       ......do..............   Do.
     Randolph County.                          1974, Emerg;
                                               January 20, 1982,
                                               Reg; May 2, 2012,
                                               Susp.
    Randolph County,                  050460  March 10, 1983,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1988, Reg; May 2,
                                               2012, Susp.
    Reyno, Town of, Randolph          050283  February 26, 1976,  ......do..............   Do.
     County.                                   Emerg; August 24,
                                               1982, Reg; May 2,
                                               2012, Susp.
    Searcy, City of, White            050229  May 6, 1975,        ......do..............   Do.
     County.                                   Emerg; February
                                               4, 1981, Reg; May
                                               2, 2012, Susp.
    White County,                     050467  October 7, 1997,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 1,
                                               2000, Reg; May 2,
                                               2012, Susp.
Texas:
    Llano County,                     481234  January 9, 1980,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               18, 1991, Reg;
                                               May 2, 2012,
                                               Susp.
    Sunrise Beach Village,            481531  April 16, 1990,     ......do..............   Do.
     City of, Llano County.                    Emerg; September
                                               27, 1991, Reg;
                                               May 2, 2012,
                                               Susp.

          Region VII

Kansas:
    Goddard, City of, Sedgwick        200500  November 30, 1977,  ......do..............   Do.
     County.                                   Emerg; June 10,
                                               1980, Reg; May 2,
                                               2012, Susp.
    Maize, City of, Sedgwick          200520  N/A, Emerg;         ......do..............   Do.
     County.                                   December 24,
                                               2002, Reg; May 2,
                                               2012, Susp.
    Sedgwick County,                  200321  July 17, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 3,
                                               1986, Reg; May 2,
                                               2012, Susp.
    Wichita, City of, Sedgwick        200328  March 24, 1972,     ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1986, Reg; May 2,
                                               2012, Susp.

          Region VIII
Colorado:
    Fort Collins, City of,            080102  August 14, 1974,    ......do..............   Do.
     Larimer County.                           Emerg; July 16,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Larimer County,                   080101  July 2, 1974,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 2,
                                               1979, Reg; May 2,
                                               2012, Susp.
Utah:
    Carbon County,                    490032  November 27, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               15, 1979, Reg;
                                               May 2, 2012,
                                               Susp.
    East Carbon, City of,             490225  March 7, 1975,      ......do..............   Do.
     Carbon County.                            Emerg; May 1,
                                               1986, Reg; May 2,
                                               2012, Susp.
    Ephraim, City of, Sanpete         490112  January 31, 1975,   ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1987, Reg; May 2,
                                               2012, Susp.
    Fairview, City of, Sanpete        490113  June 12, 1975,      ......do..............   Do.
     County.                                   Emerg; February
                                               1, 1987, Reg; May
                                               2, 2012, Susp.
    Gunnison, City of, Sanpete        490115  August 27, 1975,    ......do..............   Do.
     County.                                   Emerg; January
                                               30, 1984, Reg;
                                               May 2, 2012,
                                               Susp.
    Helper, City of, Carbon           490034  June 10, 1975,      ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Manti, City of, Sanpete           490116  July 10, 1975,      ......do..............   Do.
     County.                                   Emerg; August 4,
                                               1987, Reg; May 2,
                                               2012, Susp.
    Mayfield, Town of, Sanpete        490117  July 15, 2010,      ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               May 2, 2012,
                                               Susp.
    Moroni, City of, Sanpete          490118  July 9, 1975,       ......do..............   Do.
     County.                                   Emerg; August 5,
                                               1980, Reg; May 2,
                                               2012, Susp.
    Mount Pleasant, City of,          490213  February 25, 1976,  ......do..............   Do.
     Sanpete County.                           Emerg; September
                                               24, 1984, Reg;
                                               May 2, 2012,
                                               Susp.
    Price, City of, Carbon            490036  April 26, 1974,     ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1979, Reg; May 2,
                                               2012, Susp.
    Sanpete County,                   490111  March 2, 1976,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1986, Reg; May 2,
                                               2012, Susp.

    Spring City, City of,             490119  May 7, 1976,        ......do..............   Do.
     Sanpete County.                           Emerg; August 5,
                                               1980, Reg; May 2,
                                               2012, Susp.
    Sunnyside, City of, Carbon        490205  June 16, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               May 2, 2012,
                                               Susp.
    Wellington, City of,              490037  February 9, 1977,   ......do..............   Do.
     Carbon County.                            Emerg; February
                                               2, 1984, Reg; May
                                               2, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: April 12, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-10001 Filed 4-25-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53527-53528]
[DOCID:fr19oc09-97]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60810; File No. SR-ISE-2009-80]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to a Market Maker Incentive Plan for Foreign Currency
Options

October 9, 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 October 6, 2009, International Securities Exchange, LLC (``ISE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to extend an incentive plan for market makers
in three recently listed foreign currency options (``FX Options'') and
make clarifying changes regarding fees for transactions in these FX
Options. The text of the proposed rule change is available on the
Exchange's Web site (http://www.ise.com), at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On August 3, 2009, the Exchange began trading options on the New
Zealand dollar (``NZD''), the Mexican peso (``PZO'') and the Swedish
krona (``SKA'') \3\ and adopted an incentive plan applicable to market
makers in NZD, PZO and SKA.\4\ The purpose of this proposed rule change
is to extend the date by which market makers may join the incentive
plan. The Exchange also proposes to make clarifying changes regarding
fees for transactions in these products.
---------------------------------------------------------------------------

    \3\ The Commission previously approved the trading of options on
NZD, PZO and SKA. See Securities Exchange Act Release No. 55575
(April 3, 2007), 72 FR 17963 (April 10, 2007) (Order approving the
listing and trading of FX Options).
    \4\ See Securities Exchange Act Release No. 34-60536 [sic]
(August 19, 2009), 74 FR 43204 (August 26, 2009) (Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Fee
Changes and an Incentive Plan for Three Foreign Currency Options).
---------------------------------------------------------------------------

    In order to promote trading in these FX Options, the Exchange has
an incentive plan pursuant to which the Exchange waives the transaction
fees for the Early Adopter \5\ FXPMM \6\ and all Early Adopter FXCMMs
\7\ that make a market in NZD, PZO and SKA for as long as the incentive
plan is in effect. Further, pursuant to a revenue sharing agreement
entered into between an Early Adopter Market Maker and ISE, the
Exchange pays the Early Adopter FXPMM forty percent (40%) of the
transaction fees collected on any customer trade in NZD, PZO and SKA
and pays up to ten (10) Early Adopter FXCMMs that participate in the
incentive plan twenty percent (20%) of the transaction fees collected
for trades between a customer and that FXCMM. Market makers that do not
participate in the incentive plan are charged regular transaction fees
for trades in these products. In order to participate in the incentive
plan, market makers were required to enter into the incentive plan no
later than October 5, 2009. The Exchange now proposes to extend the
date by which market makers may enter into the incentive plan to
December 31, 2009.
---------------------------------------------------------------------------

    \5\ Participants in the incentive plan are known on the
Exchange's Schedule of Fees as Early Adopter Market Makers.
    \6\ A FXPMM is a primary market maker selected by the Exchange
that trades and quotes in FX Options only. See ISE Rule 2213.
    \7\ A FXCMM is a competitive market maker selected by the
Exchange that trades and quotes in FX Options only. See ISE Rule
2213.
---------------------------------------------------------------------------

    Further, the Exchange proposes to make clarifying changes to its
Schedule of Fees. In the filing that adopted the incentive plan, the
Exchange inadvertently excluded two fee discounts applicable to trading
in options on NZD, PZO and SKA. First, for Complex Orders in NZD, PZO
and SKA, the Exchange charges a fee only for the leg of the trade
consisting of the most contracts. Second, pursuant to a pilot program,
transaction fees in all FX Options traded on the Exchange are waived
entirely on incremental volume above 5,000 contracts for single-sided
orders of at least 5,000 contracts. The Exchange has applied these two
fee discounts to trades in NZD, PZO and SKA since these products began
trading on the Exchange on August 3, 2009 and now proposes to reflect
the applicability of these fee discounts on its Schedule of Fees.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(4),\9\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. The Exchange believes the proposed rule change will
permit additional market makers to join the incentive plan which in
turn will generate additional order flow to the Exchange by creating
incentives to trade these FX Options as well as defray operational
costs for Early Adopter Market Makers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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) of

the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder. At any time within
60 days of the filing of such proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change 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-ISE-2009-80 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-ISE-2009-80. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing will
also 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 No. SR-ISE-
2009-80 and should be submitted on or before November 9, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25003 Filed 10-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Notices]
[Pages 50506-50508]
[FR Doc No: 2012-20518]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL 9719-8]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public
Comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed settlement agreement to address lawsuits filed by the Imperial
County Air Pollution Control District and the California Department of
Parks and Recreation (together, ``Petitioners'') in the United States
Court of Appeals for the Ninth Circuit: Imperial County Air Pollution
Control District v. EPA, No. 10-72709 (9th Cir.) and California
Department of Parks and Recreation v. EPA, No. 10-72729 (9th Cir.).
Petitioners filed petitions for review challenging EPA's final rule,
approving in part and disapproving in part, a state implementation plan
(``SIP'') submission made by the California Air Resources Board on
behalf of the Imperial Valley Air Quality Control District. The SIP
submission at issue included local pollution control measures intended
to address emissions of PM10 from sources located within the
Imperial Valley Planning Area referred to as Imperial County Air
Pollution Control District Rules 800 through 806 (``Regulation VIII'').
The proposed settlement agreement establishes deadlines for both the
Imperial Valley Air Pollution Control District and EPA to take
specified actions to resolve the lawsuits.

DATES: Written comments on the proposed settlement agreements must be
received by September 20, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0644, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The California Air Resources Board (``CARB''), on behalf of the
Imperial Valley Air Polluton Control District (the ``District''), made
a SIP submission to EPA containing Regulation VIII as a SIP revision
intended to address emissions of PM10 from certain sources
located within the Imperial Valley PM10 nonattainment area.
EPA approved this submission in part, and disapproved it in part, based
upon EPA's evaluation of

the submission itself and evaluation of related claims by the District
that monitor data on certain days should be treated as ``exceptional
events'' and thus excluded from regulatory determinations. 75 FR 39,366
(July 8, 2010). The District and the California Department of Parks and
Recreation (``Parks'') challenged EPA's partial disapproval of the
submission and EPA's related actions on the claimed exceptional events.
These challenges were filed in the United States Court of Appeals for
the Ninth Circuit (the ``Court'') in Imperial County Air Pollution
Control District v. EPA, No. 10-72709 (9th Cir.) and California
Department of Parks and Recreation v. EPA, No. 10-72729 (9th Cir.).
    The Court heard oral argument on the consolidated challenges on
February 15, 2012. On February 17, 2012, the Court issued an Order that
referred the case to mediation and stayed further proceedings on the
case pending such mediation. Thus, at the suggestion of the Court, EPA,
the District, and Parks engaged in settlement discussions to determine
whether the legal and factual disputes at issue in the litigation could
be resolved through a settlement agreement. This notice describes and
seeks comment on the proposed settlement agreement that the parties
have negotiated.
    The proposed settlement agreement establishes deadlines for both
the District and EPA to take specified actions to resolve the
litigation. The objective of the parties in the settlement agreement is
to address the underlying legal and factual disputes in a way that will
be more effective and efficient to achieve the overarching goals of
meeting CAA requirements and improving air quality in the Imperial
Valley PM10 nonattainment area. Thus, both the District and
EPA propose to agree to take a series of actions by set deadlines that
will result in a resolution of the legal and substantive concerns with
Regulation VIII that were the basis for EPA's partial disapproval. In
particular, the District and EPA propose to agree to take actions on an
expedited schedule in order to assure that appropriate revisions to
Regulation VIII are in place in the SIP quickly.
    First, the proposed settlement agreement requires that within
ninety (90) days of execution of the agreement, the District must
revise Regulation VIII and submit it along with supporting
documentation to the District's Governing Board. These revisions must
be substantially the same as those set forth in Attachment B to the
settlement agreement. Attachment B reflects revisions intended by the
parties to resolve the legal and substantive concerns with Regulation
VIII that were the basis for EPA's partial disapproval. It is
understood that these revisions must still meet all local, state, and
federal administrative process and substantive requirements before they
are deemed to meet applicable requirements and could be incorporated
into the SIP for the Imperial Valley PM10 nonattainment
area.
    Second, the proposed settlement agreement requires that within
fourteen (14) days of the Governing Board's adoption of the revised
Regulation VIII rules, the District must submit the revised Regulation
VIII rules to CARB for expedited submittal to EPA for incorporation
into the California SIP.
    Third, the proposed settlement agreement requires that within sixty
(60) days of submittal by CARB, EPA must sign for publication in the
Federal Register a notice of proposed rulemaking that proposes taking
action on the submission pursuant to CAA section 110(k), 42 U.S.C.
7410(k). If the revised Regulation VIII is substantially the same in
substance as set forth in Attachment B, the notice to be signed by EPA
must propose full approval of the submission pursuant to CAA sections
110(k) and 189(b)(1)(B), 42 U.S.C. 7410(k), 7513a(b)(1)(B).
    Fourth, if EPA proposes full approval, then within the notice of
proposed rulemaking EPA must make a statement that EPA's preliminary
view is that the revised Regulation VIII will constitute ``reasonable
control'' of the sources covered by Regulation VIII for the purpose of
evaluating whether an exceedance of the PM10 NAAQS is an
``exceptional event'' including reasonable and appropriate control
measures on significant contributing anthropogenic sources. This
statement will not extend to exceedances of NAAQS other than the
PM10 NAAQS, or to events that differ significantly in terms
of meteorology, sources, or conditions from the events that were at
issue in the litigation.
    Fifth, if EPA proposes full approval of the revised Regulation
VIII, EPA must also sign for publication in the Federal Register a
notice making an interim final determination to defer imposition of
sanctions pursuant to the Administrative Procedure Act, 5 U.S.C.
553(d)(1) pending public comments on the proposed action.
    Sixth, within sixty (60) days of the close of public comment on the
proposed action, EPA must sign for publication in the Federal Register
a notice of final rulemaking that takes final action on the submission
containing the revised Regulation VIII pursuant to CAA section 110(k),
42 U.S.C. 7410(k). Thereafter, EPA must promptly deliver the notice of
final rulemaking to the Office of Federal Register for review and
publication.
    The proposed settlement agreement also contains various provisions
that will govern what may happen if either the District or EPA fails to
meet the terms of the agreement.
    For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if these comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the CAA. Unless EPA or the
Department of Justice determines that consent to this settlement
agreement should be withdrawn, the terms of the agreement will be
affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-XXXX) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or on paper, will be made available
for public

viewing online at www.regulations.gov without change, unless the
comment contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. Information claimed as CBI and
other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 14, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-20518 Filed 8-20-12; 8:45 am]
BILLING CODE 6560-50-P