[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56604-56605]
[DOCID:fr02no09-31]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

October 27, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-60-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc submits Eighth Revised
Sheet 1173 to FERC Gas Tariff, Third revised Volume 1, to be effective
11/20/09.
    Filed Date: 10/19/2009.
    Accession Number: 20091020-0042.
    Comment Date: 5 p.m. Eastern Time on Monday, November 2, 2009.

    Docket Numbers: RP10-64-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Motion to Intervene of National Fuel Gas Distribution
Corporation.
    Filed Date: 10/22/2009.
    Accession Number: 20091022-5057.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 3, 2009.

    Docket Numbers: RP10-65-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Guardian Pipeline, LLC submits Twelfth Revised Sheet 6
et al. to its FERC Gas Tariff, Original Volume 1 to be effective 11/1/
09.
    Filed Date: 10/21/2009.
    Accession Number: 20091022-0291.
    Comment Date: 5 p.m. Eastern Time on Monday, November 2, 2009.

    Docket Numbers: RP10-66-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company, LLC submits report on
the refund of penalty revenues.
    Filed Date: 10/21/2009.
    Accession Number: 20091022-0337.
    Comment Date: 5 p.m. Eastern Time on Monday, November 2, 2009.

    Docket Numbers: RP10-67-000.
    Applicants: Arlington Storage Company, LLC.
    Description: Arlington Storage Company, LLC submits its FERC Gas
Tariff, First Revised Volume 1.
    Filed Date: 10/21/2009.
    Accession Number: 20091022-0336.
    Comment Date: 5 p.m. Eastern Time on Monday, November 2, 2009.

    Docket Numbers: RP10-68-000.
    Applicants: Quest Pipelines (KPC).
    Description: Quest Pipelines submits First Revised Sheet 92 et al.
to FERC Gas Tariff, Second Revised Volume 1 to be effective 11/1/09.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0011.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 3, 2009.

    Docket Numbers: RP10-69-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Midwestern Gas Transmission Company submits cashout
report for the 9/08 thru 8/09.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0009.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 3, 2009.

    Docket Numbers: RP10-70-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
Third Revised Sheet No 35C.04 et al. to its FERC Gas Tariff, Seventh
Revised Volume No 1.
    Filed Date: 10/23/2009.
    Accession Number: 20091023-0027.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 4, 2009.

    Docket Numbers: RP10-71-000.
    Applicants: High Island Offshore System, L.L.C.
    Description: High Island Offshore System, LLC submits Sixth Revised
Sheet No 11 to its FERC Gas Tariff.
    Filed Date: 10/23/2009.
    Accession Number: 20091023-0026.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 4, 2009.

    Docket Numbers: RP10-72-000.
    Applicants: Steuben Gas Storage Company.
    Description: Steuben Gas Storage Company submits its FERC Gas
Tariff, Original Volume 1, an original and six copies of its Tenth
Revised Sheet 5, to be effective 10/1/09.
    Filed Date: 10/23/2009.
    Accession Number: 20091026-0281.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 4, 2009.

    Docket Numbers: RP10-73-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Eastern Shore Natural Gas Company submits Sixty-Ninth
Revised Sheet 7 et al. of its FERC Gas Tariff, Second Volume 1, to be
effective 10/1/09.
    Filed Date: 10/23/2009.
    Accession Number: 20091026-0279.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 4, 2009.

    Docket Numbers: RP10-75-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
the Transportation Rate Schedule FTS Agreement with a negotiated rate
exhibit between Natural and Eagle Energy Partner I, LP.
    Filed Date: 10/26/2009.
    Accession Number: 20091026-0283.
    Comment Date: 5 p.m. Eastern Time on Monday, November 9, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's

eLibrary system by clicking on the appropriate link in the above list.
They are also available for review in the Commission's Public Reference
Room in Washington, DC. There is an eSubscription link on the Web site
that enables subscribers to receive email notification when a document
is added to a subscribed docket(s). For assistance with any FERC Online
service, please e-mail<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-26275 Filed 10-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66296-66299]
[FR Doc No: 2020-19837]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0186; FRL-10014-23-Region 4]

Air Plan Approval; North Carolina; Revisions to Construction and
Operation Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the North Carolina State Implementation Plan
(SIP) submitted by the State of North Carolina through the North
Carolina Department of Environmental Quality, Division of Air Quality
(DAQ), on July 10, 2019. The SIP revision seeks to modify the State's
construction and operation permitting regulations by making minor
changes that do not significantly alter the meaning of the regulations.
EPA is proposing to approve this revision pursuant to the Clean Air Act
(CAA or Act).

DATES: Comments must be received on or before November 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0186 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. Williams can be
reached via telephone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 10, 2019, the State of North Carolina submitted changes to
the North Carolina SIP for EPA approval. EPA is proposing to approve
changes to the following regulations under 15A North Carolina
Administrative Code (NCAC) Subchapter 02Q,\1\ Section .0300,
Construction and Operation Permits: Section .0301, Applicability;
Section .0303, Definitions; Section .0304, Applications; Section .0305,
Application Submittal Content; Section .0307, Public Participation
Procedures; Section .0308, Final Action on Permit Applications; Section
.0309, Termination, Modification and Revocation of Permits; Section
.0310, Permitting of Numerous Similar Facilities; Section .0311,
Permitting of Facilities at Multiple Temporary Sites; Section .0312,
Application Processing Schedule; Section .0313, Expedited Application
Processing Schedule; Section .0314, General Requirements for All
Permits; Section .0315, Synthetic Minor Facilities; Section .0316,
Administrative Permit Amendments; and Section .0317, Avoidance
Conditions.\2\
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    \1\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred
to as ``Subchapter 2Q Air Quality Permits.''
    \2\ The State submitted the SIP revision following the
readoption of several air regulations, including .0301, .0303,
.0304, .0305, .0307, .0308, .0309, .0310, .0311, .0312, .0313,
.0314, .0315, .0316, and .0317, pursuant to North Carolina's 10-year
regulatory readoption process at North Carolina General Statute
150B-21.3A.
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II. Analysis of North Carolina's SIP Revision

    The revision that is the subject of this proposed rulemaking make
changes to construction and operating permitting regulations under
Subchapter 2Q of the North Carolina SIP. These changes revise the
applicability of permit exemptions, permit application and processing
procedures, and revise related definitions. EPA is proposing to find
that the changes do not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable CAA requirement. Detailed descriptions of the changes are
below:
    1. Section .0301, Applicability is revised to make clarifying edits
to the rule text, such as reformatting the regulatory citations and
minor wording changes. In addition, changes are made to reflect that
owners or operators of sources required to have permits under 15A NCAC
2Q Section .0300 (Construction and Operation Permits) are also subject
to the requirements of 15A NCAC 2Q Section .0700 (Toxic Air Pollutant
Procedures); these changes provide clarity that sources are subject to
both regulations.
    2. Section .0303, Definitions is revised to update the definitions
``modified facility,'' ``new facility,'' ``Title IV source,'' and
``Title V source''; to add the definition of ``responsible official'';
and to alphabetize the definitions in this section. The term ``modified
facility'' is revised to make administrative updates to the rule text
and reformat a sentence. In addition, minor wording changes are made to
the definition of ``New facility.'' The terms ``Title IV source'' and
``Title V source'' are revised to reformat the regulatory citations.
The term ``Responsible official'' is added and defined in three
subsections to include officials in different types of organizations:
Corporations; partnerships or sole proprietorships; and government or
public agencies. With respect to corporations, a responsible official
is defined as a president, secretary, treasurer, or vice-president who
is in charge of a principal business or any other person who performs
similar policy or decision-making functions, or a duly-authorized
representative of such person who meets certain criteria. With respect
to partnerships or sole proprietorships, a responsible official is
defined as a general partner or the proprietor, respectively. With
respect to government or public agencies, a responsible official is
defined as either a principal executive officer or ranking elected
official; for purposes of a federal agency, a principal executive
officer includes a chief executive officer having responsibility for
overall operations of a principal geographic unit within the agency.
    3. Section .0304, Applications is revised to make minor, clarifying
edits to punctuation, to reformat the regulatory citations, and to
adjust capitalization. In addition, minor changes are made to require
that certain permit applications be signed by the ``responsible
official'' as defined in the new definition at Section .0303. Edits
that add clarity include changing ``letter'' to ``application'' and
removing now redundant language regarding the signing of permit
application, including a list of persons who must sign permit
applications, as the requirements for signature are now identified with
the requirements for the particular type of permit application (see
e.g., .0305(a)(1)(E)). 15A NCAC 02Q .0304(b)(3) is revised to require
an applicant to use certain submission forms or systems to file
emissions inventories. In addition, changes are made to remove
duplicative language in .0304(d) (to remove language regarding
applications for permit ownership change with no modifications) and
.0304(j) (to remove language regarding signatures of application).
    4. Section .0305, Application Submittal Content is revised to state
that applications are considered incomplete for processing instead of
``returned'' if they do not contain specific required information and
to allow for changes of ownership to be completed through a form
provided by DAQ rather than by letter. This rulemaking is also
proposing to amend minor changes, such as to revise the required number
of copies needed for permit renewals, name changes, ownership changes,
corrections of typographical errors and the application package. In
addition, language is revised to clarify that if there is an ownership
change and the seller and buyer choose to send notification letters to
DAQ rather than the aforementioned form, the buyer and seller must sign
such letters. Last, Section .0305 is revised to make minor clarifying
edits; for example, to add punctuation, reformat regulatory citations,
and update the regulation with defined terms instead of cross
references.
    5. Section .0307, Public Participation Procedures is revised to
remove the requirement to pay for copies of permitting documents, to
make minor wording changes and punctuation updates, to correct
typographical errors, and to reformat the regulatory citations
contained in this section. The changes also remove a provision
regarding a mailing list for air permit notices.
    6. Section .0308, Final Action on Permit Applications is revised to
make minor changes, such as removing language specifying the type of
document for name changes or ownership to reflect changes in
.0305(a)(4), and to modify punctuation and wording. This rulemaking is
also revised to include the state law citation that outlines guidelines
for appeals of permit applications.

    7. Section .0309, Termination, Modification and Revocation of
Permits is revised to make minor changes to the rule text including
changes to punctuation, capitalization, and regulatory citation format.
In addition, minor wording changes are made. Last, this section is
revised to clarify the circumstances in which the DAQ Director may
terminate, modify, or revoke a permit; and to clarify the requirement
for a permittee to furnish records to the Director.
    8. Section .0310, Permitting of Numerous Similar Facilities is
revised to remove unnecessary text. In addition, it makes minor
clarifying edits to the rule text, such as simplifying the wording in a
manner that does not change the requirements for such facilities or
conditions under which the Director will issue single permits for more
than one facility.
    9. Section .0311, Permitting of Facilities at Multiple Temporary
Sites is revised to make minor clarifying edits to the rule text, such
as simplifying the wording in a manner that does not change the
requirements for issuing single permits authorizing emissions from a
facility or source at multiple temporary sites.
    10. Section .0312, Application Processing Schedule is revised to
make minor clarifying edits to the rule text, such as updating
language, removing unnecessary language, reformatting regulatory
citations, and altering punctuation. This section is updated to require
the Director to cease processing permit applications when additional
information is requested but not provided and when an application
contains insufficient information to complete review; the changes also
remove the schedule for processing certain requests for synthetic minor
facility status.
    11. Section .0313, Expedited Application Processing Schedule is
revised to make minor clarifying edits to the rule text, such as minor
wording changes, removing unnecessary language, and reformatting
regulatory citations and capitalization.
    12. Section .0314, General Requirements for All Permits is revised
to revise the title from ``GENERAL PERMIT REQUIREMENTS'' to ``GENERAL
REQUIREMENTS FOR ALL PERMITS.'' This section is also revised to make
minor changes, such as punctuation changes, reformatting of regulatory
citations, and clarifying edits.
    13. Section .0315, Synthetic Minor Facilities is revised to make
minor clarifying edits to the rule text, such as reformatting the
regulatory citations. In addition, changes are made to clarify that
that North Carolina's Title V major source operating permit
requirements are not applicable to synthetic minor permits, to clarify
that the applicant may request to have permit restrictions added to the
permit; to clarify that a modification to a permit to remove synthetic
minor conditions must follow the procedures of North Carolina's Title V
regulations or Section .0315, and to clarify that a synthetic minor
permit is issued pursuant to Section .0315.
    14. Section .0316, Administrative Permit Amendments is revised to
make minor clarifying edits to the rule text, such as updating
punctuation. In addition, changes are made to the text of .0316(b)(2)
to provide that the Director shall make administrative amendments using
the criteria in paragraph (a) of the same rule.
    15. Section .0317, Avoidance Conditions is revised to make minor
clarifying edits to the rule text, such as reformatting regulatory
citations and stating that the Director may require monitoring,
recordkeeping, and reporting necessary to assure compliance with the
terms and conditions placed in a permit that includes an avoidance
condition pursuant to Section .0317.
    EPA has preliminarily determined that the changes to the
regulations above provide clarity to the applicability of permit
exemptions, permit application and processing procedures, and
definitions. The changes are minor changes that do not significantly
alter the meaning of the regulations. The revisions to the SIP satisfy
CAA section 110(l) and do not interfere with attainment and maintenance
of the NAAQS or any other applicable requirement of the Act. Therefore,
EPA is proposing approval of the changes to these regulations.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following sections of 15A NCAC Subchapter 2Q with a
state-effective date of April 1, 2018: Section .0301, Applicability;
Section .0303, Definitions; Section .0304, Applications; Section .0305,
Application Submittal Content; Section .0307, Public Participation
Procedures; Section .0308, Final Action on Permit Applications; Section
.0309, Termination, Modification and Revocation of Permits; Section
.0310, Permitting of Numerous Similar Facilities; Section .0311,
Permitting of Facilities at Multiple Temporary Sites; Section .0312,
Application Processing Schedule; Section .0313, Expedited Application
Processing Schedule; Section .0314, General Requirements for All
Permits; Section .0315, Synthetic Minor Facilities; Section .0316,
Administrative Permit Amendments; and Section .0317, Avoidance
Conditions. These changes are proposed to revise the applicability of
permit exemptions, revise permit application and processing procedures,
and amend definitions. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).

IV. Proposed Action

    EPA is proposing to approve North Carolina's July 10, 2019 SIP
revision, which contains changes to the following regulations under 15A
NCAC Subchapter 02Q, Section .0300, Construction and Operation Permits:
Section .0301, Applicability; Section .0303, Definitions; Section
.0304, Applications; Section .0305, Application Submittal Content;
Section .0307, Public Participation Procedures; Section .0308, Final
Action on Permit Applications; Section .0309, Termination, Modification
and Revocation of Permits; Section .0310, Permitting of Numerous
Similar Facilities; Section .0311, Permitting of Facilities at Multiple
Temporary Sites; Section .0312, Application Processing Schedule;
Section .0313, Expedited Application Processing Schedule; Section
.0314, General Requirements for All Permits; Section .0315, Synthetic
Minor Facilities; Section .0316, Administrative Permit Amendments; and
Section .0317, Avoidance Conditions. The proposed changes are
consistent with the CAA.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of

Management and Budget under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 1, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-19837 Filed 10-16-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Notices]
[Page 57539-57540]
[DOCID:fr21se10-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62911; File No. SR-CBOE-2009-075]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Notice of Proposed Rule Change, as
Modified by Amendment Nos. 1 and 2, To Establish a Pilot Program To
List P.M.-Settled End of Week and End of Month Expirations for Options
on Broad-Based Indexes

September 14, 2010.
    On October 14, 2009, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act''),\1\ a proposed rule
change to establish a pilot program that would permit p.m.-settled
options on broad-based indexes expiring on any Friday of the month,
other than the third Friday of the month, as well as the last trading
day of the month. On May 3, 2010, the Exchange filed Amendment 1 to the
proposed rule change, and on July 30, 2010, the Exchange filed
Amendment 2 to the proposed rule change.\2\ The proposed rule change
was published for comment in the Federal Register on August 12,
2010.\3\ The Commission received no comment letters on the

proposed rule change. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Amendment 2 replaced Amendment 1 and the original filing in
their entireties. The purpose of Amendment 2 is to broaden the
definition of End of Week Expirations to include any Friday of the
month, other than the third Friday of the month.
    \3\ See Securities Exchange Act Release No. 62658 (August 5,
2010), 75 FR 49009 (``Notice'').
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    The Exchange is proposing to establish a pilot program that would
permit p.m.-settled options on broad-based indexes to expire on (a) any
Friday of the month, other than the third Friday of the month \4\
(``End of Week Expirations'' or ``EOWs''), and (b) the last trading day
of the month (``End of Month Expirations'' or ``EOMs'').\5\ Under the
End of Week/End of Month Expirations Pilot Program (``Pilot''), EOWs
and EOMs will be permitted on any broad-based index that is eligible
for regular options trading. EOWs and EOMs will be cash-settled and
have European-style exercise, and will be subject to the same rules
that currently govern the trading of traditional index options,
including sales practice rules, margin requirements, and floor trading
procedures. Contract terms for EOWs and EOMs will be similar to regular
index options, except the exercise settlement value will be based on
the index value derived from the closing prices of component stocks.
EOWs and EOMs on the same broad-based index (e.g., of the same class)
shall be aggregated for position limits (if any) and any applicable
reporting and other requirements.\6\ The duration of the Pilot will be
effective for a period of fourteen months from the next full month from
approval.\7\
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    \4\ A third Friday of the month expiration is generally referred
to as ``Expiration Friday.''
    \5\ For example, if EOWs and EOMs were currently listed, the
expiration dates for October 2010 would be: October 1 (EOW), October
8 (EOW), October 15 (standard), October 22 (EOW) and October 29
(EOM). If the last trading day of the month is a Friday, the
Exchange will list an End of Month expiration series and not an End
of Week expiration. See Rule 24.9(a)(2) for specific rule governing
the expiration months that may be listed for index options. CBOE
does not intend to list EOWs or EOMs that would expire on Exchange
holidays.
    \6\ See e.g., CBOE Rule 4.13, Reports Related to Position Limits
and Interpretation and Policy .03 to Rule 24.4 which sets forth the
reporting requirements for certain broad-based indexes that do not
have position limits.
    \7\ Any positions established under the Pilot would not be
impacted by the expiration of the Pilot. If an EOW or EOM expiration
expires after the Pilot expires, then those positions would continue
to exist; however, any further trading in those series would be
restricted to transactions where at least one side of the trade is a
closing transaction. The Exchange would address this point in a
circular to members. See Notice, supra note 3, 75 FR 49011.
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    Currently, the vast majority of options in the standardized options
markets are a.m.-settled.\8\ In light of historic Commission concerns
about expanding p.m. settlement, CBOE has represented that, at least
two months prior to the expiration of the Pilot, it will provide the
Commission with an annual report analyzing EOW and EOM volume, open
interest, and trading patterns.\9\ In addition, for series that exceed
specific minimum open interest parameters, the annual report will
provide an analysis of index price volatility and, if needed,
underlying share trading volume.\10\ The annual report will be provided
to the Commission on a confidential basis.\11\
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    \8\ In the 1980s, the options and futures markets began moving
from closing-price to opening price settlement procedures for stock
index options and futures as a result of increased market and price
volatility in underlying component stocks due to the unwinding of
arbitrage-related positions at the close on expiration Friday.
    \9\ The annual report would also contain information and
analyses of standard Expiration Friday, a.m.-settled series, if
applicable, for the period covered in the pilot report as well as
for the six-month period prior to the initiation of the pilot. See
Notice, supra note 3, 75 FR at 49011.
    \10\ For each EOW and EOM Expiration that has open interest that
exceeds certain minimum thresholds, the annual report will contain a
comparison of index price changes at the close of trading on a given
expiration date with comparable price changes from a control sample;
and if needed, a calculation of share volume for a sample set of the
component securities representing an upper limit on share trading
that could be attributable to expiring in-the-money EOW and EOM
expirations.
    \11\ CBOE will also provide to the Commission upon request a
data file containing (1) EOW and EOM option volume data aggregated
by series, and (2) EOW week-ending open interest for expiring series
and EOM month-end open interest for expiring series.
---------------------------------------------------------------------------

    The Commission has carefully reviewed CBOE's proposed rule change
and finds that it is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange,\12\ and, in particular, Section 6(b)(5) of the
Act,\13\ which requires that an exchange have rules designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and to protect investors and the public interest, to allow CBOE
to conduct limited, and carefully monitored, pilots as proposed.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission has had concerns about the adverse effects and
impact of p.m. settlement upon market volatility and the operation of
fair and orderly markets on the underlying cash market at or near the
close of trading. Only in limited instances has the Commission
previously approved p.m. settlement for cash-settled options. In 1993,
the Commission approved CBOE's listing of p.m.-settled, cash-settled
options on certain broad-based indexes expiring on the first business
day of the month following the end of each calendar quarter
(``Quarterly Index Expirations'').\14\ In 2006, the Commission
approved, on a pilot basis, CBOE's listing of p.m.-settled index
options expiring on the last business day of a calendar quarter
(``Quarterly Options Series'').\15\ In 2010, the Commission approved
CBOE's listing of p.m.-settled FLEX options on a pilot basis.\16\
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 31800 (February 1,
1993), 58 FR 7274 (February 5, 1993).
    \15\ See Securities Exchange Act Release No. 54123 (July 11,
2006), 71 FR 40558 (July 17, 2006).
    \16\ See Securities Exchange Act Release No. 61439 (January 28,
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (order
approving rule change to establish a pilot program to modify FLEX
option exercise settlement values and minimum value sizes).
---------------------------------------------------------------------------

    The Commission believes that it is appropriate to approve the
proposal on a pilot basis. CBOE's proposed fourteen month Pilot will
allow for both the Exchange and the Commission to monitor the potential
for adverse market effects. In particular, the Commission notes that
CBOE will provide the Commission with the annual report analyzing
volume and open interest of EOWs and EOMs, will also contain
information and analysis of EOW and EOM trading patterns, and index
price volatility and share trading activity for series that exceed
minimum parameters. This information will enable the Commission to
evaluate whether allowing p.m. settlement for EOW and EOMs will result
in increased market and price volatility in the underlying component
stocks.
    The p.m. settlement Pilot information should help the Commission
assess the impact on the markets and determine whether other changes
are necessary. Furthermore, the Exchange's ongoing analysis of the
Pilot should help it monitor any potential risks from large p.m.-
settled positions and take appropriate action if warranted.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule change (SR-CBOE-2009-075), as modified
by Amendment Nos. 1 and 2, be, and hereby is, approved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-23455 Filed 9-20-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Proposed Rules]
[Page 71095-71099]
[DOCID:fr14de07-16]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1155; FRL-8506-7]

Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Updated Statutory and Regulatory
Provisions; Rescissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Under the Clean Air Act, EPA is proposing to approve certain
revisions, and to disapprove certain other revisions, to the Nevada
State Implementation Plan submitted by the Nevada Division of
Environmental Protection on January 12, 2006 and June 26, 2007. The
provisions that are proposed for approval include certain definitions;
prohibitory rules; provisions related to legal authority and
enforcement; rules establishing opacity, sulfur and volatile organic
compound limits; and rescission of abbreviations. The proposed approval
of a certain statutory provision related to legal authority is
contingent upon receipt of public process documentation of adoption of
the provision as a revision to the state implementation plan. The
proposed disapproval relates to rescission of a certain definition and
rescission of a rule related to emission discharge information. EPA is
proposing this action under the Clean Air Act obligation to take action
on submittals of revisions to state implementation plans. The intended
effect is to update the Nevada state implementation plan with amended
or recodified rules and with an amended statutory provision and to
rescind a provision found to be unnecessary for further retention in
the plan.

DATES: Written comments must be received at the address below on or
before January 14, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-1155, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, and EPA will not know your identity
or contact information unless you provide it in the body of your
comment. If you send e-mail directly to EPA, your e-mail address will
be automatically captured and included as part of the public comment.
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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA

Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., 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: Andrew Steckel, EPA Region IX, (415)
947-4115<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA. This supplementary information section is
arranged as follows:

I. The State's Submittal
    A. Which SIP revisions did the State submit?
    B. What is the regulatory history of the Nevada SIP?
    C. What is the purpose of this proposed rule?
II. EPA's Evaluation and Action
    A. Amended Rules and Statutory Provision
    B. Rule Rescissions
    C. Rule Recodifications
III. Public Comment and Proposed Action
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. Which SIP revisions did the State submit?

    On February 16, 2005, the Governor's designee, the Nevada Division
of Environmental Protection (NDEP), submitted a large revision to the
applicable Nevada State Implementation Plan (SIP) to EPA for approval
under section 110 of the Clean Air Act (CAA or ``Act''). The February
16, 2005 SIP submittal includes new and amended statutory provisions
and rules as well as rescissions of certain statutory provisions and
rules approved by EPA into the applicable SIP. The statutes, rules and
rescissions submitted by NDEP on February 16, 2005 relate to
definitions, administrative requirements, prohibitory rules, and
permitting-related requirements and procedures. The February 16, 2005
SIP submittal also contains documentation of public participation
(i.e., notice and public hearing) and adoption for all rule amendments
up to and including those adopted by the State Environmental Commission
on November 30, 2004.
    On January 12, 2006, NDEP re-submitted most of the earlier
submittal as modified to reflect new or amended rules adopted by the
State Environmental Commission on October 4, 2005. The January 12, 2006
SIP revision submittal supersedes the regulatory portion of the earlier
SIP submittal but is not a complete re-submittal in that it did not
include the documentation of public notice and

hearing previously submitted. The January 12, 2006 SIP submittal does
include such documentation for amendments adopted by the commission on
October 4, 2005.
    The primary purpose of these SIP submittals is to clarify and
harmonize the provisions approved by EPA under section 110 of the Act
with the current provisions adopted by the State. Because these SIP
submittals incorporate so many changes from 1970s and 1980s vintage SIP
regulations, EPA has decided to review and act on them in a series of
separate actions.
    The first such action, related to various definitions, sulfur
emission rules, and restrictions on open burning and use of
incinerators was proposed in the Federal Register on September 13, 2005
(70 FR 53975) and finalized on March 27, 2006 (71 FR 15040). The second
such action, related to statutory authority, was proposed on June 9,
2006 (71 FR 33413) and finalized on August 31, 2006 (71 FR 51766). A
third action, related to most of the State's rescission requests, was
proposed on August 28, 2006 (71 FR 50875); EPA finalized action on most
of the rescissions covered by the August 28th proposal on January 3,
2007 (72 FR 11), finalized rescission of a Federal Implementation Plan
(FIP) for regulation of fugitive sulfur oxides emissions from a defunct
copper smelter on June 13, 2007 (72 FR 32529), and finalized action on
the rest of the rescissions covered by the August 28th proposal on
November 2, 2007 (72 FR 62119). A fourth action, related to monitoring
and volatile organic compound (VOC) rules, was proposed on August 31,
2006 (71 FR 51793) and finalized on December 11, 2006 (71 FR 71486). A
fifth action, related to excess emissions provisions, was proposed on
December 18, 2006 (71 FR 75690) but has not yet been finalized. A sixth
action, related to visible emissions and particulate matter rules, was
proposed on March 12, 2007 (72 FR 10960) and finalized on May 8, 2007
(72 FR 25971). A seventh action, related to permitting-related rules,
was proposed on April 17, 2007 (72 FR 19144) but has not been
finalized.
    Upon publication of the seventh action cited above, we have at
least proposed action on all of the new or amended rules submitted by
NDEP on January 12, 2006, except for Nevada Administrative Code (NAC)
NAC 445B.227 (``Prohibited conduct: Operation of source without
required equipment; removal or modification of required equipment:
modification of required procedure'') and NAC 445B.200 (`` `Violation'
defined''). We include NAC 445B.227 in today's proposed rule. We will
take action on NAC 445B.200, which is a permitting-related definition,
in a separate rulemaking.
    Also, upon publication of the seventh action cited above, we have
at least proposed action on all of the rescissions submitted by NDEP on
January 12, 2006 except for rule 25 of general order number 3 of the
Nevada Public Service Commission, NAC 445.655 (``Abbreviations''), NAC
445.694 (``Emission discharge information''), and Nevada Revised
Statutes (NRS) 704.820 to 704.900 (``Construction of utility
facilities: utility environmental protection act''). We include the
rescissions of NAC 445.655 (``Abbreviations'') and NAC 445.694
(``Emission discharge information'') in today's proposed rule. We will
take action NDEP's rescissions of rule 25 of general order number 3 and
NRS 704.820 to 704.900, which are permitting-related provisions, in a
separate rulemaking.
    NDEP has submitted a number of SIP revisions supplementing or
superseding portions of the January 12, 2006 SIP submittal, but the
only relevant supplemental SIP revision for the purposes of this
rulemaking is the one submitted on June 26, 2007. NDEP organized the
June 26, 2007 SIP submittal into four parts. The first part contains
public participation documentation for 11 rescissions that we proposed
to approve in our August 28, 2006 proposed rule. We took final action
on the 11 rescissions on November 2, 2007 (72 FR 62119). The second
part contains amended rules and an amended statutory provision that
would replace corresponding existing provisions in the Nevada SIP. In
the third part, NDEP requests rescission of existing rule NAC 445.436
(`` `Air contaminant' defined'') from the SIP. The fourth part contains
recodifications of rules recently approved by EPA into the SIP. We
include the second, third, and fourth parts of NDEP's June 26, 2007 SIP
submittal in this rulemaking.
    Table 1 lists amended rules or statutory provisions intended to
replace early 1980's versions of these provisions. The provisions
listed in table 1 include NAC 445B.227, which was submitted on January
12, 2006, and the seven amended rules and one amended statutory
provision submitted by NDEP on June 26, 2007.

                                Table 1.--Submitted Rules and Statutory Provision
----------------------------------------------------------------------------------------------------------------
        Submitted NAC or NRS                   Title                 Adoption date            Submittal date
----------------------------------------------------------------------------------------------------------------
NAC 445B.172........................  ``Six-Minute Period''    09/16/76................  06/26/07
                                       defined.
NAC 445B.190........................  ``Stop order'' defined.  11/03/93................  06/26/07
NAC 445B.220........................  Severability...........  09/06/06................  06/26/07
NAC 445B.225........................  Prohibited conduct:      10/03/95................  06/26/07
                                       Concealment of
                                       emissions.
NAC 445B.227........................  Prohibited conduct:      10/03/95................  01/12/06
                                       Operation of source
                                       without required
                                       equipment; removal or
                                       modification of
                                       required equipment:
                                       Modification of
                                       required procedure.
NAC 445B.229........................  Hazardous emissions:     10/03/95................  06/26/07
                                       Order for reduction or
                                       discontinuance.
NAC 445B.275........................  Violations: Acts         03/08/06................  06/26/07
                                       constituting; notice.
NAC 445B.277........................  Stop orders............  03/08/06................  06/26/07
NRS 445B.310........................  Limitations on           No adoption date........  06/26/07
                                       enforcement of federal
                                       and state regulations
                                       concerning indirect
                                       sources.
----------------------------------------------------------------------------------------------------------------

    Table 2 lists three rules that NDEP seeks to rescind from the
existing SIP. NDEP's rescission of NAC 445.655 and NAC 445.694 are
included in the January 12, 2006 SIP submittal, and NDEP's rescission
of NAC 445.436 is included in the June 26, 2007 SIP submittal.

                                         Table 2.--Requested Rescissions
----------------------------------------------------------------------------------------------------------------
              SIP rule                         Title                Submittal date            Approval date
----------------------------------------------------------------------------------------------------------------
NAC 445.436.........................  ``Air contaminant''      10/26/82................  06/26/84
                                       defined.
NAC 445.655.........................  Abbreviations..........  10/26/82................  06/26/84
NAC 445.694.........................  Emission discharge       10/26/82................  06/26/84
                                       information.
----------------------------------------------------------------------------------------------------------------

    Table 3 lists rule recodifications submitted by NDEP to EPA on June
26, 2007 to replace corresponding SIP rules recently approved by EPA in
the Nevada SIP. The recodified rules reflect the January 2007 update to
chapter 445B of the Nevada Administrative Code (NAC), as published by
the Nevada Legislative Counsel Bureau.

                Table 3.--Submitted Rule Recodifications
------------------------------------------------------------------------
        Recodified rule                   Title           Submittal date
------------------------------------------------------------------------
NAC 445B.001...................  Definitions............        06/26/07
NAC 445B.063...................  ``Excess emissions''           06/26/07
                                  defined.
NAC 445B.153...................  ``Regulated air                06/26/07
                                  pollutant'' defined.
NAC 445B.22017.................  Visible emissions:             06/26/07
                                  Maximum opacity;
                                  determination and
                                  monitoring of opacity.
NAC 445B.2202..................  Visible emissions:             06/26/07
                                  Exceptions for
                                  stationary sources.
NAC 445B.22043.................  Sulfur emissions:              06/26/07
                                  Calculation of total
                                  feed sulfur.
NAC 445B.2205..................  Sulfur emissions: Other        06/26/07
                                  processes which emit
                                  sulfur.
NAC 445B.22093.................  Organic solvents and           06/26/07
                                  other volatile
                                  compounds.
------------------------------------------------------------------------

B. What is the regulatory history of the Nevada SIP?

    Pursuant to the Clean Air Amendments of 1970, the Governor of
Nevada submitted the original Nevada SIP to EPA in January 1972. EPA
approved certain portions of the original SIP and disapproved other
portions under CAA section 110(a). See 37 FR 10842 (May 31, 1972). For
some of the disapproved portions of the original SIP, EPA promulgated
substitute provisions under CAA section 110(c).\1\ This original SIP
included various rules, codified as articles within the Nevada Air
Quality Regulations (NAQR), and various statutory provisions codified
in chapter 445 of the Nevada Revised Statutes (NRS). In the early
1980's, Nevada reorganized and recodified its air quality rules into
sections within chapter 445 of the Nevada Administrative Code (NAC).
Today, Nevada codifies its air quality regulations in chapter 445B of
the NAC and codifies air quality statutes in chapter 445B (``Air
Pollution'') of title 40 (``Public Health and Safety'') of the NRS.
---------------------------------------------------------------------------

    \1\ Provisions that EPA promulgates under CAA section 110(c) in
substitution of disapproved State provisions are referred to as
Federal Implementation Plans (FIPs).
---------------------------------------------------------------------------

    Nevada adopted and submitted many revisions to the original set of
regulations and statutes in the SIP, some of which EPA approved at
various times between 1975 and 1984. Since 1984, EPA had approved very
few revisions to Nevada's applicable SIP despite numerous changes that
have been adopted by the State Environmental Commission. As a result,
the version of the rules enforceable by NDEP was often quite different
from the SIP version enforceable by EPA. The difference between the two
sets of rules is sometimes referred to as the ``SIP gap,'' and closing
the gap was one of the primary motivations behind NDEP's comprehensive
SIP update that produced the February 16, 2005 and January 12, 2006 SIP
submittals followed by supplemental SIP submittals such as the June 26,
2007 SIP submittal.

C. What is the purpose of this proposed rule?

    The purpose of this proposed rule is to present our evaluation
under the Clean Air Act and EPA's regulations of certain provisions,
rescissions, and recodifications contained in NDEP's January 12, 2006
and June 26, 2007 SIP revision submittals. The provisions submitted for
approval include updated definitions; updated administrative,
enforcement, and prohibitory rules; and a statutory provision related
to legal authority. The rescissions relate to a certain definition,
abbreviations, and a rule involving emission discharge information. The
rule recodifications involve minor changes to rule titles and
historical notes in certain definitions, particulate matter rules,
sulfur emission rules, and a volatile organic compound rule. We provide
our reasoning in general terms below but provide a more detailed
analysis in the technical support document (TSD) that has been prepared
for this proposed rulemaking.

II. EPA's Evaluation and Action

    We reviewed the provisions, rescissions, and recodifications
submitted by NDEP that are listed in the three tables above for
compliance with CAA requirements for SIPs in general as set forth in
CAA section 110(a)(2) and 40 CFR part 51 and also for compliance with
requirements for SIP revisions under CAA section 110(l).\2\ Our
consideration of the rules submitted on January 12, 2006 and June 26,
2007, and evaluated herein, takes into account the public participation
documentation contained in the February 16, 2005 and January 12, 2006
SIP submittals. For the submitted rule recodifications, our review is
cursory in nature consistent with EPA memorandum, ``Review of State
Regulation Recodifications,'' from Johnnie L. Pearson, Chief, Regional
Activities Branch, EPA Office of Air Quality Planning and Standards,
dated February 12, 1990.
---------------------------------------------------------------------------

    \2\ CAA section 110(l) states: ``Each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing.
The Administrator shall not approve a revision of a plan if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section
7501 of this title), or any other applicable requirement of this
chapter.''
---------------------------------------------------------------------------

A. Amended Rules and Statutory Provision

    Based on a review of applicable CAA and EPA regulatory requirements
and a comparison with the corresponding existing SIP provisions that
they would replace, we propose to approve all of the

provisions listed in table 1 above. In general, the submitted
provisions mirror the corresponding provisions in the existing SIP or
would strengthen the SIP by eliminating exceptions, deleting
limitations, or expanding legal authority, and thereby would not
interfere with attainment or maintenance of the NAAQS.
    With respect to public participation requirements under CAA section
110(l), we find that adequate documentation has been submitted by NDEP
(or otherwise acquired by EPA) to show compliance with CAA procedural
requirements for SIP revisions under CAA section 110(l) except for NRS
445B.310. Thus, our proposed approval of NRS 445B.310 is contingent
upon receipt of documentation of notice and opportunity for public
hearing on adoption of NRS 445B.310 as a revision to the Nevada SIP.\3\
---------------------------------------------------------------------------

    \3\ In so doing, we recognize that we have not consistently
required the State of Nevada to submit public participation
documentation for SIP revisions involving statutory provisions and
should have done so. With Nevada rules, we typically consider the
public process conducted by the relevant State administrative agency
(usually the State Environmental Commission) in adopting new or
amended rules as adequate to comply the procedural requirements for
SIP revisions under CAA section 110(l). In contrast to rules,
however, Nevada statutory provisions are typically submitted to EPA
without an analogous public process, and thus NDEP must conduct a
public process specifically for the purpose of adopting statutory
provisions as a revision to the SIP to comply with section 110(l).
---------------------------------------------------------------------------

    Our TSD provides additional background information and a more
detailed rationale for our proposed approval of the provisions listed
in table 1 above.

B. Rule Rescissions

    We have reviewed the rescissions listed in table 2 to determine
whether any of them should be retained to comply with CAA or EPA
requirements for SIPs, whether rescission of any of them would
interfere with attainment or maintenance of the NAAQS, or whether any
of them should be retained as a practical matter because of reliance on
them by other SIP rules.
    Based on this review, we have found that NAC 445.436 (```Air
contaminant' defined'') should be retained because it is relied upon by
certain SIP rules that remain in the applicable SIP. We find that NAC
445.655 (``Abbreviations'') may be rescinded because the abbreviations
listed therein that are not simply superseded by our approval of the
current version of the rule (i.e., NAC 445B.211 (``Abbreviations''),
approved on March 27, 2006 at 71 FR 15040) are not relied upon by any
rules in the applicable SIP. Lastly, with respect to NAC 445.694
(``Emission discharge information''), we find that the rule should be
retained to comply with requirements under 40 CFR 51.116(c).
    Therefore, we propose to disapprove the rescission requests for NAC
445.436 and NAC 445.694 and to approve the rescission request for NAC
445.655. Our TSD provides additional background information and a more
detailed rationale for our proposed actions on the rescissions listed
in table 2 above.

C. Rule Recodifications

    We have compared the rule recodifications submitted by NDEP and
listed in table 3 above with the corresponding SIP rules to ensure that
the changes are administrative in nature. Based on this comparison, we
find all of the changes, which include revised titles and updates to
internal rule references and historical notes, to be administrative in
nature and acceptable. Therefore, we propose to approve the rule
recodifications listed in table 3, above. Our TSD provides additional
background information and discussion for our proposed approval of the
rule recodifications listed in table 3 above.

III. Public Comment and Proposed Action

    Under section 110(k) of the Clean Air Act and for the reasons set
forth above, EPA is proposing to approve certain revisions, and to
disapprove certain other revisions, to the Nevada SIP submitted by NDEP
on January 12, 2006 and June 26, 2007. The provisions that are proposed
for approval include certain definitions; prohibitory rules; provisions
related to legal authority and enforcement; rules establishing opacity,
sulfur and volatile organic compound limits; and rescission of
abbreviations. The proposed approval of a certain statutory provision
related to legal authority is contingent upon receipt of public process
documentation of adoption of the provision as a revision to the state
implementation plan. The proposed disapproval relates to rescission of
a certain definition and rescission of a rule related to emission
discharge information.
    Unless we receive convincing new information during the comment
period, we intend to publish a final rule that will approve the new or
amended rules shown in table 1, above, approve the rescission of
existing SIP rule NAC 445.655 (``Abbreviations''), approve the rule
recodifications shown in table 3, above, as revisions to the Nevada
SIP, but retain existing SIP rules NAC 445.436 (```Air contaminant'
defined'') and NAC 445.694 (``Emission discharge information'') in the
SIP. \4\ \5\
---------------------------------------------------------------------------

    \4\ The approval of submitted statutory provision NRS 445B.310
is contingent upon receipt of public process documentation from NDEP
adopting this provision as a revision to the Nevada SIP.
    \5\ Final approval of the provisions listed in table 1 of this
notice would supersede the following provisions in the applicable
SIP (superseding rules shown in parentheses) upon the established
compliance date for any new or amended requirements in the
superseding provisions: NAC 445.617 (NAC 445B.172), NAC 445.630 (NAC
445B.190), NAC 445.660 (NAC 445B.220), NAC 445.663 (NAC 445B.225),
NAC 445.664 (NAC 445B.227), NAC 445.665 (NAC 445B.229), NAC.696 (NAC
445B.275), NAC 445.697 (NAC 445B.277), and NRS 445.493 (NRS
445B.310). Final approval of the rule recodifications listed in
table 3 of this notice would supersede rules with the same section
number in NAC chapter 445B.
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to approve state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to
approve pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various

levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). This action merely proposes to approve state
law implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it proposes to approve a state rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: November 30, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7-24243 Filed 12-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55067]
[DOCID:fr24se08-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1529-000]

NorthWestern Corp.; Notice of Filing

September 17, 2008.
    Take notice that on September 12, 2008, NorthWestern Corporation
(NorthWestern) tendered for filing an executed Agreement to purchase
Regulating Reserve Services from Public Utility District No. 2 of Grant
County, Washington.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 3, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-22279 Filed 9-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34683-34684]
[FR Doc No: 2018-15478]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before August 20, 2018.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 10, 2018.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Granted
----------------------------------------------------------------------------------------------------------------
9198-M.......................  Interior Business Center  173.7(f)................  To modify the special permit
                                                                                to authorize the
                                                                                incorporation of the
                                                                                ``National Wildfire
                                                                                Coordination Group
                                                                                Standards'' Handbook.
13208-M......................  BTG INTERNATIONAL         172.400, 172.500,         To modify the special permit
                                LIMITED.                  172.200, 173.302a(a)(1).  to authorize an additional
                                                                                hazmat to bring the permit
                                                                                in line with international
                                                                                regulations.
14301-M......................  GASCON (PTY) LTD........  178.274(b), 178.276(b)..  To modify the special permit
                                                                                to authorize portable tanks
                                                                                to be designed, constructed,
                                                                                certified and stamped in
                                                                                accordance with Section VIII
                                                                                Division 2 of the ASME Code.
14951-M......................  HEXAGON LINCOLN, INC....  173.301(f), 173.302(a)..  To modify the special permit
                                                                                to authorize an increase in
                                                                                tank volume from 8,500
                                                                                liters to 12,000 liters and
                                                                                to authorize a shorter
                                                                                length for the sample test
                                                                                tube.
16231-M......................  THALES ALENIA SPACE.....  173.185(a)..............  To modify the special permit
                                                                                to authorize batteries of up
                                                                                to 12 cells rather than only
                                                                                batteries with 12 cells.
20418-M......................  CIMARRON COMPOSITES, LLC  173.302(a)..............  To modify the special permit
                                                                                to authorize an increase in
                                                                                bar pressure from 250 to
                                                                                300, an increase in volume
                                                                                to 3,000 liters and
                                                                                authorize additional hazmat.
                                                                                (modes 1,2,3)
20511-M......................  ARMOTECH s.r.o..........  107.807(b)(1),            To modify the special permit
                                                          173.301(a)(1),            to authorize a new part
                                                          173.302(a)(1),            number/design type and to
                                                          173.302(f)(1),            clarify some of the language
                                                          173.302(f)(2),            in the special permit.
                                                          178.71(q), 178.71(t).
20541-M......................  ISGEC HEAVY ENGINEERING   179.300-19(a)...........  To modify the special permit
                                LTD.                                                to authorize changes to the
                                                                                shell and overall length of
                                                                                the tank cars.
20549-M......................  CORNERSTONE               172.400, 172.700(a),      To modify the special permit
                                ARCHITECTURAL PRODUCTS    172.102(c)(1), 172.200,   to authorize a specially
                                LLC.                      172.300.                  designed packaging filled
                                                                                with a material formulated
                                                                                to suppress lithium battery
                                                                                fires and absorb the smoke,
                                                                                gases and flammable
                                                                                electrolyte associate with
                                                                                those fires.
20567-N......................  OMNI TANKER PTY. LTD....  107.503(b), 107.503(c),   To authorize the manufacture,
                                                          172.102(c)(3),            mark, sale, and use of non-
                                                          172.203(a), 173.241,      DOT specification cargo
                                                          173.242, 173.243,         tanks and cargo tank motor
                                                          178.345-1, 178.347-1,     vehicles.
                                                          178.348-1, 180.405,
                                                          180.413(d).
20588-N......................  Nantong Tank Container    178.274(b)..............  To authorize the manufacture,
                                Co., Ltd.                                           marking, sale and use of UN
                                                                                portable tanks conforming to
                                                                                portable tank code T50 that
                                                                                have been designed,
                                                                                constructed and stamped in
                                                                                accordance with Section
                                                                                VIII, Division 2 of the ASME
                                                                                Code (plus applicable Code
                                                                                Cases) as the primary
                                                                                pressure vessel code based
                                                                                upon a design reference
                                                                                temperature of 46.1 [deg]C.
20602-N......................  THE BOEING COMPANY......  173.1, 173.56...........  To authorize the
                                                                                transportation in commerce
                                                                                of spacecraft containing
                                                                                certain hazardous materials
                                                                                in non-DOT specification
                                                                                packagings.
20604-N......................  ELSTER AMERICAN METER     173.185(c)(3)(i)........  To authorize the
                                COMPANY, LLC.                                       transportation in commerce
                                                                                of lithium batteries
                                                                                contained in equipment
                                                                                without certain markings on
                                                                                each package.

20608-N......................  DEPARTMENT OF DEFENSE     173.302a(a)(1)..........  To authorize the
                                (MILITARY SURFACE                                   transportation in commerce
                                DEPLOYMENT &                                        of compressed air in non-DOT
                                DISTRIBUTION COMMAND).                              specification cylinders.
20619-N......................  GLOBALTECH ENVIRONMENTAL  ........................  To authorize the manufacture,
                                CORP.                                               mark, sale, and use of
                                                                                packagings, intended to
                                                                                contain batteries of mixed
                                                                                chemistries, as not subject
                                                                                to certain hazard
                                                                                communication requirements.
20622-N......................  APPLE INC...............  172.101(j), 173.185(a)..  To authorize the
                                                                                transportation in commerce
                                                                                of low production lithium
                                                                                ion batteries exceeding 35
                                                                                kg net weight by cargo-only
                                                                                aircraft.
20624-N......................  JAGUAR LAND ROVER NORTH   172.101(j)..............  To authorize the
                                AMERICA, LLC.                                       transportation in commerce
                                                                                of lithium ion batteries in
                                                                                excess of 35 kg by cargo-
                                                                                only aircraft.
20629-N......................  SPACEFLIGHT, INC........  173.185(e)(3)(i),         To authorize the
                                                          173.185(e)(3)(ii).        transportation in commerce
                                                                                of lithium batteries in
                                                                                alternative packaging.
20644-N......................  CRI CATALYST COMPANY LP.  172.102(c)(2)...........  To authorize the
                                                                                transportation in commerce
                                                                                of 50G large packagings
                                                                                containing solid
                                                                                environmentally hazardous
                                                                                substances via air.
20648-N......................  ARMOTECH s.r.o..........  107.807(a), 107.807(b),   To authorize the
                                                          107.807(c),               transportation in commerce
                                                          178.69(a)(1), 178.69(b).  of foreign manufactured
                                                                                special permit cylinders
                                                                                manufactured under IIA
                                                                                oversight.
20662-M......................  DEPARTMENT OF DEFENSE     173.219(b)..............  To modify the special permit
                                (MILITARY SURFACE                                   to authorize use of
                                DEPLOYMENT &                                        packgings authorized in
                                DISTRIBUTION COMMAND).                              Packing Instruction 134 of
                                                                                49 CFR 173.62.
20662-N......................  DEPARTMENT OF DEFENSE     173.219(b)..............  To authorize the
                                (MILITARY SURFACE                                   transportation in commerce
                                DEPLOYMENT &                                        of non-self-inflating life-
                                DISTRIBUTION COMMAND).                              saving appliances
                                                                                (parachutes), which contain
                                                                                Division 1.4C and 1.4S
                                                                                explosives.
20666-N......................  KOREAN AIR LINES CO.,     172.101(j)(1),            To authorize the
                                LTD.                      172.204(c)(3),            transportation in commerce
                                                          173.27(b)(2),             of certain explosives which
                                                          173.27(b)(3),             are forbidden for transport
                                                          175.30(a)(1).             by cargo only aircraft.
20672-N......................  ATLAS AIR, INC..........  172.101(j),               To authorize the
                                                          172.204(c)(3),            transportation in commerce
                                                          173.27(b)(2),             of explosives by cargo
                                                          173.27(b)(3),             aircraft which is forbidden
                                                          175.30(a)(1).             in the regulations.
20678-N......................  Parsons Corporation.....  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries
                                                                                that exceed the 35 kg weight
                                                                                restriction by cargo
                                                                                aircraft.
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Denied
----------------------------------------------------------------------------------------------------------------
20551-N......................  MONDY GLOBAL, INC.......  173.304(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of non-DOT specification
                                                                                cylinders containing
                                                                                refrigerant gases for the
                                                                                purpose of transferring the
                                                                                materials to compliant
                                                                                packagings outside of the
                                                                                port area.
----------------------------------------------------------------------------------------------------------------
                                         SPECIAL PERMITS DATA--Withdrawn
----------------------------------------------------------------------------------------------------------------
16415-M......................  VOLKSWAGEN GROUP OF       173.302a................  To modify the special permit
                                AMERICA, INC.                                       to authorize an additional
                                                                                2.2 hazmat.
20577-N......................  PETROLEUM HELICOPTER,     175.700(a)..............  To authorize the
                                INC.                                                transportation in commerce
                                                                                of Class 7 materials aboard
                                                                                passenger-carrying aircraft.
20660-N......................  AVIAKOMPANIYa UKRAINA-    172.101(j),               To authorize the
                                AEROALYANS, PrAT.         172.101(j)(1),            transportation in commerce
                                                          172.204(c)(3),            of explosives by cargo only
                                                          173.27(b)(2),             aircraft in amounts
                                                          175.30(a)(1).             forbidden by the
                                                                                regulations.
20676-N......................  PRAXAIR DISTRIBUTION,     173.24(c), 180.205(d)...  To authorize the one-time,
                                INC.                                                one-way shipment of
                                                                                cylinders involved in a fire
                                                                                for test and inspection.
20679-N......................  SPEAR POWER SYSTEMS, LLC  172.101(j), 173.185(g)..  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries
                                                                                that exceed the 35 kg weight
                                                                                limit.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-15478 Filed 7-19-18; 8:45 am]
 BILLING CODE 4909-60-P