[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10478-10479]
[FR Doc No: 2015-03996]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission or Commission Staff Attendance at Miso
Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and Commission staff may attend the following
MISO-related meetings:

 Advisory Committee (10:00 a.m.-3:00 p.m., Local Time)
    [cir] February 25, 300 Bourbon St., New Orleans, LA
    [cir] March 25
    [cir] April 22
    [cir] May 27
    [cir] July 22
    [cir] August 26, 350 Market St., St. Paul, MN
    [cir] September 23
    [cir] October 21, 3 Statehouse Plaza, Little Rock, AR
    [cir] November 18
    [cir] December 9
 Board of Directors Audit & Finance Committee
    [cir] February 25, 300 Bourbon St., New Orleans, LA, (4:30 p.m.-6
p.m.)
    [cir] April 16, (12:30 p.m.-2:30 p.m.)
    [cir] August 26, 350 Market St., St. Paul, MN, (2:00 p.m.-3:30
p.m.)
    [cir] September 24 (1:30 p.m.-3:30 p.m.)
    [cir] October 21 (4:30 p.m.-6:00 p.m.)
 Board of Directors (8:30 a.m.-10:00 a.m., Local Time)
    [cir] February 26, 300 Bourbon St., New Orleans, LA
    [cir] April 23
    [cir] June 18, 424 East Wisconsin Ave., Milwaukee, WI
    [cir] August 27, 350 Market St., St. Paul, MN
    [cir] October 22
    [cir] December 10
 Board of Directors Markets Committee (8:00 a.m.-10:00 a.m.,
Local Time)
    [cir] February 25, 300 Bourbon St., New Orleans, LA
    [cir] March 25
    [cir] April 22
    [cir] May 20
    [cir] June 17, 424 East Wisconsin Ave., Milwaukee, WI
    [cir] July 29
    [cir] August 26, 350 Market St., St. Paul, MN
    [cir] September 23
    [cir] October 21, 3 Statehouse Plaza, Little Rock, AR
    [cir] November 18
    [cir] December 9
 Board of Directors System Planning Committee
    [cir] March 17 (2:00 p.m.-3:30 p.m.)
    [cir] April 21 (3:00 p.m.-5:00 p.m.)
    [cir] June 16, 424 East Wisconsin Ave., Milwaukee, WI, (9:00 a.m.-
11:00 a.m.)
    [cir] August 26, 350 Market St., St. Paul, MN, (4:00 p.m.-6:00
p.m.)
    [cir] October 15, (12:30 p.m.-2:00 p.m.)
    [cir] November 19 (1:00 p.m.-3:00 p.m.)
    [cir] December 9 (3:30 p.m.-5:30 p.m.)
 MISO Informational Forum (3:00 p.m.-5:00 p.m., Local Time)
    [cir] February 24, 300 Bourbon St., New Orleans, LA
    [cir] March 24
    [cir] April 21
    [cir] May 26
    [cir] July 21
    [cir] August 25, 350 Market St., St. Paul, MN
    [cir] October 20, 3 Statehouse Plaza, Little Rock, AR
    [cir] November 17
    [cir] December 15
 MISO Market Subcommittee (9:00 a.m.-4:00 p.m., Local Time)
    [cir] March 3
    [cir] March 31
    [cir] April 28
    [cir] June 2
    [cir] July 7
    [cir] August 4
    [cir] September 1
    [cir] September 29
    [cir] October 27
    [cir] December 1
 MISO Supply Adequacy Working Group (9:00 a.m.-5:00 p.m., Local
Time)
    [cir] March 5
    [cir] April 2
    [cir] April 30
    [cir] June 4
    [cir] July 9
    [cir] August 6
    [cir] September 3
    [cir] October 1
    [cir] October 29
    [cir] December 3
 MISO Regional Expansion Criteria and Benefits Task Force (1:00
p.m.-4:00 p.m., Local Time except as noted)
    [cir] March 19
    [cir] April 13
    [cir] May 14
    [cir] June 25
    [cir] July 30 (9:00 a.m.-12:00 p.m.)
    [cir] October 12
 MISO Planning Advisory Committee (9:00 a.m.-5:00 p.m., Local
Time)
    [cir] March 18
    [cir] April 15
    [cir] May 13
    [cir] June 24
    [cir] July 29
    [cir] August 19
    [cir] September 16
    [cir] October 14
    [cir] November 11
    [cir] December 16
    Unless otherwise noted all of the meetings above will be held at:
MISO Headquarters, 701 City Center Drive, 720 City Center Drive, and
Carmel, IN 46032.
    Further information may be found at www.misoenergy.org.
    The above-referenced meetings are open to the public.
    The discussions at each of the meetings described above may address
matters at issue in the following proceedings:

Docket No. EL14-21, Southwest Power Pool, Inc. v. Midcontinent
Independent System Operator, Inc.
Docket No. ER14-1174, Southwest Power Pool, Inc.
Docket No. ER14-2850, Southwest Power Pool, Inc.
Docket No. ER09-1431, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER11-3279, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER11-4081, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-678, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-2302, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-2706, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL13-13, ITC Midwest, LLC
Docket No. ER13-187, Midwest Independent Transmission System Operator,
Inc.

Docket No. ER13-186, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER13-101, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER13-89, MidAmerican Energy Company
Docket No. ER12-1266, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1265, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1564, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1194, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-971, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-925, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-309, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-2682, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER13-1924, Midcontinent Independent System Operator, Inc.
Docket No. ER13-1943, Midcontinent Independent System Operator, Inc.
Docket No. ER13-1944, Midcontinent Independent System Operator, Inc.
Docket No. ER13-1945, Midcontinent Independent System Operator, Inc.
Docket No. ER13-692, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2375, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2376, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2379, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2124, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2295, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2378, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2337, Midcontinent Independent System Operator, Inc.
Docket No. EL13-88, Northern Indiana Public Service Corp. v
Midcontinent Independent System Operator, Inc., et al.
Docket No. EL14-12, ABATE et al. v Midcontinent Independent System
Operator, Inc., et al.
Docket No. AD12-16, Capacity Deliverability across the MISO/PJM Seam
Docket No. AD14-3, Coordination of Energy and Capacity across the MISO/
PJM Seam
Docket No. ER13-1938, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2468, Midcontinent Independent System Operator, Inc.
Docket No. ER13-2124, Midcontinent Independent System Operator, Inc.
Docket No. ER11-2059, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER14-1736, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2605, Midcontinent Independent System Operator, Inc.
Docket No. ER14-1243, Midcontinent Independent System Operator, Inc.
Docket No. ER14-1725, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2180, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2862, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2952, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2599, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2562, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2156, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2445, Midcontinent Independent System Operator, Inc.
Docket No. ER15-133, Midcontinent Independent System Operator, Inc.
Docket No. ER15-530, Midcontinent Independent System Operator, Inc.
Docket No. ER15-685, Midcontinent Independent System Operator, Inc.
Docket No. ER15-684, Midcontinent Independent System Operator, Inc.
Docket No. ER15-730, Midcontinent Independent System Operator, Inc.
Docket No. ER15-747, Midcontinent Independent System Operator, Inc.
Docket No. ER15-767, Midcontinent Independent System Operator, Inc.
Docket No. ER15-847, Midcontinent Independent System Operator, Inc.
Docket No. ER15-142, Midcontinent Independent System Operator, Inc.
Docket No. ER15-862, Midcontinent Independent System Operator, Inc.
Docket No. ER15-918, Midcontinent Independent System Operator, Inc.
Docket No. ER15-277, Midcontinent Independent System Operator, Inc.
Docket No. ER15-945, Midcontinent Independent System Operator, Inc.
Docket No. ER15-933, Midcontinent Independent System Operator, Inc.
Docket No. ER15-946, Midcontinent Independent System Operator, Inc.

    For more information, contact Patrick Clarey, Office of Energy
Markets Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Energy Markets Regulation, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
    Dated: February 19, 2015.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-03996 Filed 2-25-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Pages 66099-66100]
[FR Doc No: 2023-20907]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-803, OMB Control No. 3235-0754]

Proposed Collection; Comment Request; Extension: Rule 30b1-10,
Form N-RN

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 30b1-10 [17 CFR 270.30b1-10] and Form N-RN [17 CFR 274.223]
require registered open-end management investment companies (not
including entities regulated as money market funds under 17 CFR 270.2a-
7), registered closed-end funds, and business development companies
(collectively, ``funds''), to file a current report on Form N-RN on a
non-public basis when certain events related to their liquidity and
events regarding funds' compliance with the VaR-based limit on fund
leverage risk in 17 CFR 270.18f-4 (``rule 18f-4'') occur. The first
category of information reported on Form N-RN concerns events under
which more than 15% of an open-end fund's net assets are, or become,
illiquid investments that are assets as defined in 17 CFR 270.22e-4
(``rule 22e-4'') and when holdings in illiquid investments are assets
that previously exceeded 15% of a fund's net assets have changed to be
less than or equal to 15% of the fund's net assets. The second category
of information reported on Form N-RN regards events for certain open-
end funds under which a fund's holdings in assets that are highly
liquid investments fall below the fund's highly liquid investment
minimum defined in rule 22e-4 for more than 7 consecutive calendar
days. The third category of information reported on Form N-RN regards
information about a fund's breaches of the VaR test under rule 18f-4. A
report on Form N-RN is required to be filed, as applicable, within one
business day of the occurrence of one or more of these events. In
addition, a fund is in certain cases required to file a second Form N-
RN when it is no longer in breach of the applicable limit.
    Based on historical filing data and projected estimates of the
annual number of VAR-based filings, the staff estimates that the
Commission will receive roughly 66 reports per year on Form N-RN on
average.\1\ When filing a report on Form N-RN, staff estimates that a
fund will spend on average approximately 3 hours of an in-house
compliance attorney's time and 1 hour of a senior programmer time to
prepare, review, and submit Form N-RN, at a total time cost of
$1,661.\2\ Accordingly,

in the aggregate, staff estimates that compliance with rule 30b1-10 and
Form N-RN will result in a total annual burden of approximately 264
burden hours and total annual time costs of approximately $109,626.\3\
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    \1\ Because the compliance date for the VaR-based reporting
requirements was August 1, 2022, we have made adjustments to
estimate an annual number of VAR-based filings.
    \2\ This estimate is based on the following calculations: (3
hours x $425/hour for an in house compliance attorney = $1,275),
plus (1 hour x $386/hour for a senior programmer = $386), for a
combined total of 4 hours at total time costs of $1,661. The
estimates concerning the wage rates for attorney and senior
accountant time are based on salary information for the securities
industry compiled by the Securities Industry and Financial Markets
Association. The estimated wage figure is based on published rates
for in-house compliance attorneys and senior programmers, modified
to account for a 1,800-hour work-year and inflation, and multiplied
by 5.35 to account for bonuses, firm size, employee benefits, and
overhead. See Securities Industry and Financial Markets Association,
Report on Management & Professional Earnings in the Securities
Industry 2013.
    \3\ This estimate is based on the following calculations: 66
reports filed per year x 4 hours per report = approximately 264
total annual burden hours. 66 reports filed per year x $1,661 in
costs per report = $109,626 total annual costs.
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    Compliance with rule 30b1-10 is mandatory for all funds. Responses
to the disclosure requirements will be kept confidential. The estimate
of average burden hours is made solely for the purposes of the PRA. The
estimate is not derived from a comprehensive or even a representative
survey or study of the costs of Commission rules. Complying with this
collection of information requirement is necessary to enable the
Commission to receive information on fund liquidity events more
uniformly and efficiently, and to enhance the Commission's oversight of
funds when significant liquidity events occur and its ability to
respond to market events. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid control number.
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted by November 27, 2023,
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549 or send an
email to: [email protected].

    Dated: September 21, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20907 Filed 9-25-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Notices]
[Page 58668-58670]
[DOCID:fr13no09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60944; File No. SR-NYSEArca-2009-99]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule

November 5, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 29, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. NYSE Arca filed the proposal pursuant to Section
19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the section of its Schedule of Fees
and

Charges for Exchange Services (the ``Schedule''). While changes to the
Schedule pursuant to this proposal will be effective upon filing, the
changes will become operative on November 2, 2009. A copy of this
filing is available on the Exchange's Web site at http://www.nyse.com,
at the Exchange's principal office and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    In an effort to enhance participation on the Exchange and to offer
increased liquidity to its Users,\6\ the Exchange proposes to add new
transaction credits stemming from the use of Tracking Orders. The
Exchange also proposes to cap monthly payments stemming from the use of
Self Trade Prevention modifiers. These changes will be effective
November 2, 2009. A more detailed description of the proposal follows.
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    \6\ See NYSE Arca Equities Rule 1.1(yy).
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    Currently, there are no rates specifically related to the use of
Tracking Orders.\7\ In order to incentivize the use of this order type
and attract liquidity to NYSE Arca, the Exchange proposes to introduce
three volume-based tiers, offering credits to all ETP Holdings who use
Tracking Orders that result in executions on the Exchange.
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    \7\ See NYSE Arca Equities Rule 7.31(f). Tracking Orders are un-
displayed limit orders eligible for execution at the NBBO in the
Tracking Order Process.
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    Tracking Order Tier 1 offers ETP Holders a credit of $0.12 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume (``ADV'') per month greater than or
equal to 5 million shares. In addition, the Exchange will offer ETP
Holders a credit of $0.15 per 100 shares for each Tracking Order that
results in an execution in excess of 15 million shares.\8\
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    \8\ This incremental credit rebates ETP Holders $.0012 for each
share up to and including 15 million ADV, and $0.0015 for each share
in excess of 15 million ADV.
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    Tracking Order Tier 2 offers ETP Holders a credit of $0.10 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume per month between 2.5 million shares
and 4,999,999 shares.
    Tracking Order Tier 3 offers ETP Holders a credit of $0.05 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume per month between 1 million shares
and 2,499,999 shares.
    In addition, the Exchange is proposing to cap the net payment of
credits and fees stemming from an ETP Holder's use of Self Trade
Prevention Modifiers\9\ at a net total of $25,000 per month. This cap
will apply uniformly to all ETP Holders.
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    \9\ See NYSE Arca Equities Rule 7.31(qq).
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    The proposed changes to the Schedule are part of the Exchange's
continued effort to attract and enhance participation on the Exchange,
by offering attractive rates and rebates with volume-based incentives.
By introducing these tiered credits, the Exchange is enhancing the
incentive to participate on the Exchange through the use of Tracking
Orders, as well as provide additional liquidity to the marketplace. The
Exchange believes the proposed fees are reasonable and equitable in
that they apply uniformly to all ETP Holders. The proposed changes will
become operative on November 2, 2009.
Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 [sic] of the Securities Exchange Act
of 1934 (the ``Act''),\10\ in general, and Section 6(b)(4) of the
Act,\11\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The proposed
changes to the Schedule are part of the Exchange's continued effort to
attract and enhance participation on the Exchange, by offering
attractive rates and rebates with volume-based incentives. The Exchange
believes that the proposed changes to the Schedule are equitable in
that they apply uniformly to all Users.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by NYSE Arca on its members.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-99. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2009-99 and should be submitted
on or before December 4, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27253 Filed 11-12-09; 8:45 am]

BILLING CODE 8011-01-P


                           Washington Criteria Rule
Percentage of Washington Waters that Flow into Oregon Waters via the Columbia River
                              Calculation Summary

Purpose: Quantify the percent of Washington's fresh waters that could impact the water quality of waters under Oregon's jurisdiction. Waters that flow into Oregon only do so via the Columbia River, which forms the majority of the border between Washington and Oregon.  Since the two states share jurisdiction of the Columbia River, the water quality of tributaries to and portions of the Columbia River under Washington's jurisdiction can influence the water quality of waters under Oregon's jurisdiction.
Numeric Results:
   * Stream miles that flow from Washington via the Columbia River into Oregon: 145,424 miles
   * Total stream miles in the State of Washington: 241,064 miles
   * Percent of Washington waters that flow into Oregon via the Columbia River: 60.3%
Data Sources:
   * Watershed boundaries in Washington were obtained from USGS Hydrologic Unit Maps, (https://water.usgs.gov/GIS/huc.html);
   * Streams in Washington  were downloaded from USGS National Hydrography Dataset (http://nhd.usgs.gov/wbd.html);
   * Washington State boundary was downloaded from the Washington Department of Ecology (http://www.ecy.wa.gov/services/gis/data/data.htm). This site provided the best most representative layer allowing for separation of land and water features in the state; and
   * Major streams in Washington (http://www.ecy.wa.gov/services/gis/data/data.htm).  The purpose for this layer was as a visual representation of streams and rivers for the map, not an all inclusive layer of streams; the USGS Hydrography Dataset was obtained for that purpose.
General Steps:
   1. Identify the watersheds within the State of Washington, at the HUC 4 level. The HUC 4 level was used because it is an appropriate size to identify and delineate watersheds in a state the size of Washington.
   2. Determine which major waterbodies potentially flow into Oregon, such as the Columbia River, the Snake River and any major tributaries. Since the Columbia River forms most of the boundary between the states of Washington and Oregon, streams, rivers and tributaries that flow into the Columbia River will ultimately flow into Oregon;
   3. Identify streams that flow into these major waterbodies;
   4. Limit stream lengths to the State of Washington (i.e., exclude sections of streams outside state boundaries). This was done by clipping the stream datalayer (NHD24Kst_l_wa) with the Washington state boundary shapefile;
   5. Calculate the total length of all streams within the state of Washington, using the clipped stream layer.  This was done in ArcGIS, in the attributes table, using the "calculate geometry" option.  The streams located in the HUC4 watersheds that do not drain into the Columbia River were selected and the total stream lengths were calculated.  The HUC4 watersheds that drain into the Columbia River, including the Columbia River, were selected and the total length of the streams was calculated.
   6. Calculate a length ratio of the streams, identified in step 5, that flow into the Columbia River to total length of the streams in Washington ( both inclusive of the Columbia River). Due to limitations of GIS, some segments of some streams (<10%) are missing from the calculations.
Map Illustration of the Data:
Main map of Washington includes:
   * Major streams and rivers (purple lines);
   * Watersheds that contain rivers and streams that flow into Oregon via the Columbia River (orange watersheds);
   * Waters that do not flow into the Columbia River (yellow watersheds); and
   * Columbia River (teal line).
Inset map includes:
   * Detailed view of the streams and rivers in Washington (dark blue lines); and
   * Columbia River (teal line).


[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59073-59075]
[FR Doc No: 2021-23116]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0441; FRL-9160-01-R5]

Air Plan Approval; Michigan; Base Year Emissions Inventory for
the 2010 Sulfur Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA), revisions to the State
Implementation Plan (SIP) submitted by the Michigan department of
Environment, Great Lakes, and Energy (EGLE) on June 30, 2021. The
revisions address the emission inventory requirements for the St. Clair
County nonattainment area under the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS or
standard). The CAA requires states to develop and submit, as SIP
revisions, emission inventories for all areas designated as
nonattainment for any NAAQS.

DATES: Comments must be received on or before November 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0441 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected]. The
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. The 2010 SO2 NAAQS Emissions Inventory Requirements

    On June 22, 2010, EPA promulgated a revised 1-hour SO2
NAAQS of 75 parts per billion (ppb) (75 FR 35520). On September 12,
2016 the partial St. Clair County area was designated as nonattainment
(St. Clair nonattainment area) for the 2010 1-hour SO2
NAAQS. The St. Clair nonattainment area is defined by the St. Clair
River for the eastern boundary, an extension from the St. Clair River
directly west to the intersection of State Highway M-29 and St. Clair
River Drive, continuing west on State Highway M-29 to Church Road to
Arnold Road to County Line Road for the southern boundary, County Line
Road and the Macomb/St. Clair County boundary to Stoddard Road to Wales
Ridge Road for the western boundary, and Alpine Road to Fitz Road to
Smith Creek Road to Range Road to Huron Avenue, extending directly east
from the intersection of Huron Road and River Road to the St. Clair
River for the northern boundary (83 FR 1098, January 9, 2018).
    CAA section 172(c)(3), 42 U.S.C. 7502(c)(3), requires states to
develop and submit, as SIP revisions, emission inventories for all
areas designated as nonattainment for any NAAQS. An emission inventory
for SO2 is an estimation of actual emissions of sulfur
oxides (SOX) in an area. SO2 is the component of
greatest concern and is used as the indicator for the larger group of
gaseous SOX. SO2 is a gas that is formed by the
burning of fossil fuels by

power plants and other industrial facilities such as extracting metal
from ore; natural sources such as volcanoes; and locomotives, ships and
other vehicles and heavy equipment that burn fuel with a high sulfur
content. Control measures that reduce SO2 can generally be
expected to reduce people's exposures to all gaseous SOX.
Therefore, an emission inventory for SOX focuses on the
emissions of SO2.
    Emission inventories provide emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
(anthropogenic [manmade] emissions associated with SO2
standard violations), calculating emission reduction targets needed to
attain the NAAQS, determining emission inputs for SO2 air
quality modeling analyses, and tracking emissions over time to
determine progress toward achieving air quality and emission reduction
goals. As stated above, the CAA requires the states to submit emission
inventories for areas designated as nonattainment for SO2.
For the 2010 1-hour SO2 NAAQS, EPA specifies that states
submit SO2 emission estimates for an inventory calendar year
preceding the year of the area's effective date of designation as a
nonattainment area (75 FR 35520). States are required to submit
estimates of SO2 emissions for four general classes of
anthropogenic sources: stationary point sources; area sources; on-road
mobile sources; and off-road mobile sources.

II. EGLE's Emissions Inventory

    On June 30, 2021, EGLE submitted a SIP revision addressing the
emissions inventory requirement of CAA section 172(c)(3). EGLE also
clarified that Michigan has a fully approved Nonattainment New Source
Review (NSR) program, which is set forth in Part 19 of Michigan's rules
(R 336.2901 through R 336.2908). EPA confirms that this NSR program was
approved by the EPA into the SIP on December 16, 2013 (78 FR 76064).
EGLE provided documentation for the 2014 SO2 base year
emissions inventory for the St. Clair County nonattainment area. EGLE
selected 2014 because this was one of the three years of SO2
data indicating a violation of the SO2 standard that were
used to designate the areas as nonattainment for the 2010
SO2 NAAQS (83 FR 1098). In addition, the 2014 emissions
inventory was the most recent comprehensive, accurate, and quality
assured (QA) triennial emissions inventory in the National Emissions
Inventory (NEI) database, available at the time the state began
preparing the emissions inventory submittal for the partial St. Clair
County area. Table 1 summarizes the 2014 SO2 emissions for
the partial St. Clair County area in tons of emissions per year.

                                           Table 1--2014 SO2 Emissions
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                                                              2014 SO2 Emissions (tons/year)
                                         -----------------------------------------------------------------------
               County/NAA                               Non-EGU                                        Total SO2
                                            EGU \1\      point       Area      Non-road     On-road
----------------------------------------------------------------------------------------------------------------
Partial St. Clair.......................      51,920       1,632        74.4        0.59        12.2   53,639.19
----------------------------------------------------------------------------------------------------------------
\1\ Electric Generating Units (EGU).

A. Base Year Inventory

    EGLE estimated SO2 emissions for all source categories
in the St. Clair County SO2 nonattainment area. Emissions
for the St. Clair County SO2 nonattainment area were totaled
by source category.
a. Point Sources
    To develop the SO2 point source emissions inventory,
EGLE used the annual emissions data contained in EPA's Clean Air
Markets Division database for emissions from EGU point sources and
annual emissions data reported by facility operators to EGLE's air
emissions inventory database for non-EGU point sources.
b. Area Sources
    To develop the SO2 area source emissions inventories,
EGLE used the annual emissions data contained in EPA's 2014 NEI to
estimate 2014 emissions.
c. On-Road and Non-Road Sources
    To develop the SO2 non-road and on-road source emissions
inventories, EGLE used the annual emissions data contained in EPA's
2014 NEI to estimate 2014 emissions.

III. EPA's Evaluation

A. Emissions Inventory

    EPA has reviewed EGLE's June 30, 2021, requested SIP revision for
consistency with section 172(c)(3) CAA and with EPA's emission
inventory requirements. In particular, EPA has reviewed the techniques
used by EGLE to quantify and quality assure the emission estimates. EPA
has also considered whether EGLE has provided the public with the
opportunity to review and comment on the development of the emission
estimates, and whether the State has addressed all public comments.
EGLE received no comments during the comment period but did receive a
comment from EPA Region 5. The comment asked that the emission
inventory include the 2014 NEI emissions for 3 other categories of
sources: on-road, non-road, and area. EGLE addressed this comment by
adding on-road, non-road, and area SO2 emissions estimates
for the St. Clair County nonattainment area to their emissions
inventory submittal. EGLE documented the procedures used to estimate
the emissions for each of the major source types. Our review finds that
EGLE followed acceptable procedures to estimate the emissions.
    Accordingly, we propose to conclude that EGLE has developed an
inventory of SO2 sources that is comprehensive and complete.
EGLE's submittal of a complete emission inventory and certification of
an approved NSR program in addition to a Clean Data Determination,
proposed in a separate action on August 17, 2021 (86 FR 45947),
addresses deficiencies identified in the September 20, 2019 (84 FR
49463) finding of failure to submit a nonattainment plan for the St.
Clair area, and will stop the sanctions clocks applicable to those
deficiencies.

IV. EPA Action

    EPA is proposing to approve EGLE's SIP revision submitted to
address the SO2-related emission inventory and NSR
certification requirements for the partial St. Clair County
SO2 nonattainment area for the 2010 SO2 NAAQS.
The emission inventory we are approving into the SIP is specified in
Table 1. We are also proposing to approve the emission inventory
because it contains comprehensive, accurate, and current inventories of
actual emissions for all relevant sources in

accordance with CAA section 172(c)(3), and because EGLE adopted the
emission inventories after providing for reasonable public notice. EPA
also proposes to approve the certification of Michigan's fully approved
NSR program, which was approved by the EPA into the SIP on December 16,
2013 (78 FR 76064) and meets the requirements of CAA section 172(c)(5).

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 CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, sulfur oxides.

    Dated: October 19, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-23116 Filed 10-25-21; 8:45 am]
BILLING CODE 6560-50-P