[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Page 58193]
[FR Doc No: 2017-26654]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3309-020]

Marlow Hydro, LLC; Notice of Intent To File License Application,
Filing of Pre-Application Document, Approving Use of the Traditional
Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 3309-020.
    c. Date Filed: October 13, 2017.
    d. Submitted By: Marlow Hydro, LLC.
    e. Name of Project: Nash Mill Dam Project.
    f. Location: On the Ashuelot River, near the town of Marlow, in
Cheshire County, New Hampshire. No federal lands are occupied by the
project works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: Anthony B. Rosario, 139 Henniker
Street, Hillsborough, NH 03244;<PHONE_NUMBER>; email [email protected].
    i. FERC Contact: Patrick Crile at<PHONE_NUMBER>; or email at
[email protected].
    j. Marlow Hydro, LLC filed its request to use the Traditional
Licensing Process on October 13, 2017. Marlow Hydro, LLC provided
public notice of its request on October 12, 2017. In a letter dated
December 5, 2017, the Director of the Division of Hydropower Licensing
approved Marlow Hydro, LLC's request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New Hampshire Division of Historical Resources,
as required by section 106 of the National Historic Preservation Act,
and the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Marlow Hydro, LLC as the
Commission's non-federal representative for carrying out consultation
pursuant to section 106 of the National Historic Preservation Act.
    m. Marlow Hydro, LLC filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 3309. Pursuant to
18 CFR 16.20 each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by November 30,
2020.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: December 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-26654 Filed 12-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26696-26697]
[FR Doc No: 2018-12341]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1881]

Development of Inhaled Antibacterial Drugs for Cystic Fibrosis
and Non-Cystic Fibrosis Bronchiectasis; Public Workshop; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following public workshop entitled ``Development of
Inhaled Antibacterial Drugs for Cystic Fibrosis and Non-Cystic Fibrosis
Bronchiectasis.'' The purpose of the public workshop is to discuss the
clinical trial design challenges and future considerations for inhaled
antibacterial products to treat cystic fibrosis (CF) and non-CF
bronchiectasis.

DATES: The public workshop will be held on June 27, 2018, from 8:30
a.m. to 4:30 p.m. Submit either electronic or written comments on this
public workshop by July 16, 2018. See the SUPPLEMENTARY INFORMATION
section for registration date and information.

ADDRESSES: The public workshop will be held at FDA's White Oak Campus,
10903 New Hampshire Ave., Building 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993. Entrance for the public workshop
participants (non-FDA employees) is through Building 1 where routine
security check procedures will be performed. For parking and security
information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before July 16, 2018. The https://www.regulations.gov
electronic filing system will accept comments until midnight Eastern
Time on July 16, 2018. Comments received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
postmarked or the delivery service acceptance receipt is on or before
that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-1881 for ``Development of Inhaled Antibacterial Drugs for
Cystic Fibrosis and Non-Cystic Fibrosis Bronchiectasis.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The

Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lori Benner and/or Jessica Barnes,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 22, Rm. 6221, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public workshop regarding the development of
inhaled antibacterial drugs for CF and non-CF bronchiectasis. As such,
discussions will focus on challenges and potential paths forward for
inhaled antibacterial drugs pertaining to CF and non-CF bronchiectasis.

II. Topics for Discussion at the Public Workshop

    FDA is particularly interested in discussing challenges and
considerations regarding CF and non-CF bronchiectasis. Discussions are
planned around the following topics for each of the disease areas:

 Trial design challenges
 Trial endpoints
 Trial populations, duration of therapy, duration of
microbiologic testing and followup
 Device considerations

    The Agency encourages health care providers, other U.S. Government
Agencies, academic experts, industry, and other stakeholders to attend
this public workshop.

III. Participating in the Public Workshop

    Registration: Registration is free and based on space availability,
with priority given to early registrants. Persons interested in
attending this public workshop must register online by June 11, 2018,
midnight Eastern Time. To register, please email complete contact
information for each attendee, including name, title, affiliation,
address, email, and telephone to
[email protected].
    Early registration is recommended because seating is limited;
therefore, FDA may limit the number of participants from each
organization. Registrants will receive confirmation when they have been
accepted. If time and space permit, onsite registration on the day of
the public workshop will be provided beginning at 7:30 a.m. We will let
registrants know if registration closes before the day of the public
workshop.
    If you need special accommodations due to a disability, please
contact Jessica Barnes or Lori Benner (see FOR FURTHER INFORMATION
CONTACT) no later than June 19, 2018.
    Requests for Oral Presentations: During online registration you may
indicate if you wish to present during a public comment session or
participate in a specific session, and which topic(s) you wish to
address. We will do our best to accommodate requests to make public
comments. Individuals and organizations with common interests are urged
to consolidate or coordinate their presentations, and request time for
a joint presentation, or submit requests for designated representatives
to participate in the focused sessions. Following the close of
registration, we will determine the amount of time allotted to each
presenter and the approximate time each oral presentation is to begin,
and will select and notify participants by June 19, 2018. All requests
to make oral presentations must be received by the close of
registration on June 15, 2018. If selected for presentation, any
presentation materials must be emailed to
[email protected] no later than June 21,
2018. No commercial or promotional material will be permitted to be
presented or distributed at the public workshop.
    Streaming Webcast of the public workshop: This public workshop will
also be webcast at the following site: https://collaboration.fda.gov/inhaledantibacterials/.
    If you have never attended a Connect Pro event before, test your
connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program,
visit https://www.adobe.com/go/connectpro_overview. FDA has verified
the website addresses in this document, as of the date this document
publishes in the Federal Register, but websites are subject to change
over time.
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript will also be available on the
internet at https://www.fda.gov/FDAgov/Drugs/NewsEvents/ucm602331.htm.

    Dated: June 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12341 Filed 6-7-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Proposed Rules]
[Pages 18272-18275]
[FR Doc No: 2017-07820]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0052; FRL-9961-50-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Major New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Commonwealth of Virginia state implementation
plan (SIP). The revisions amend Virginia's major source New Source
Review (NSR) regulations to make them consistent with the federal
program. EPA is proposing to approve these revisions to the Virginia
SIP in accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0052 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>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: David Talley,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The CAA's NSR programs are preconstruction review and permitting
programs applicable to new and modified stationary sources of air
pollutants regulated under the CAA. The NSR programs of the CAA include
a combination of air quality planning and air pollution control
technology program requirements. Briefly, section 109 of the CAA
requires EPA to promulgate primary national ambient air quality
standards (NAAQS) to protect public health and secondary NAAQS to
protect public welfare. Once EPA sets those standards, states must
develop, adopt, and submit to EPA for approval a SIP that contains
emissions limitations and other control measures to attain and maintain
the NAAQS. Pursuant to section 110, each SIP is required to contain a
preconstruction review program for the construction and modification of
any stationary source of air pollution to assure that the NAAQS are
achieved and maintained; to protect areas of clean air; to protect air
quality-related values (such as visibility) in national parks and other
areas; to assure that appropriate emissions controls are applied; to
maximize opportunities for economic development consistent with the
preservation of clean air resources; and, to ensure that any decision
to increase air pollution is made only after full public consideration
of the consequences of the decision. Section 172 of the CAA requires a
permit program in areas which are not attaining the NAAQS, and section
173 provides the specific requirements for that permit program.
    On October 16, 2015, the Virginia Department of Environmental
Quality (VADEQ), on behalf of the Commonwealth of Virginia, submitted a
formal revision to the Virginia SIP. The SIP revision consists of
amendments to the preconstruction permit requirements under VADEQ's
major NSR permit program. The revision affects sources subject to
VADEQ's Prevention of Significant Deterioration (PSD) program, which
applies in areas which are in attainment with (or unclassifiable for)
the NAAQS, as well as affecting sources subject to its nonattainment
NSR permit program, applicable in areas not in attainment with the
NAAQS. By letter dated March 1, 2017, VADEQ officially withdrew a small
and specific portion of the October 16, 2015 submittal from
consideration for approval into the Virginia SIP. A copy of the letter
has been included in the docket for this action. Further discussion of
the withdrawal is provided in section II.A of this notice.

II. Summary of SIP Revision and EPA Analysis

    Generally, the October 16, 2015 SIP submittal revision (as amended
March 1, 2017) (hereinafter referred to as the 2015 NSR SIP Revision)
is intended to make the Virginia Administrative Code regulations at
9VAC5 consistent with the federal NSR program at 40 CFR 51.165 and
51.166. The specific changes to 9VAC5 are intended to: (1) Allow the
use of a 10-year lookback period to calculate pre-change emissions for
sources other than electric utility steam generating units (EGUs); (2)
Allow the use of different lookback periods for different regulated NSR
pollutants; (3) Extend the effective period for plantwide applicability
limits (PALs) to 10 years; and, (4) Allow replacement units to be
treated as existing units, and thus provide the ability to use baseline
actual and projected actual emissions when determining applicability.
Additionally, there are a number of minor changes which are strictly
administrative in nature, consisting of small grammatical revisions, or
re-numbering. EPA is proposing to approve VADEQ's 2015 NSR SIP Revision
as a revision to the Virginia SIP because it meets the federal
requirements of 40 CFR 51.165 and 51.165, and CAA sections 110(a) and
173. Additionally, the revisions are in accordance with section 110(l)
of the CAA because they will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable CAA requirement.

A. Baseline Actual Emissions

    NSR applicability is determined by comparing the pre-change
emissions of the project to the post-change emissions and determining
whether the net increase is ``significant.'' For new units, pre-change
(baseline) emissions are

zero. For modified units, sources must calculate baseline actual
emissions (BAE). For sources other than EGUs, the federal PSD and
nonattainment NSR regulations provide for the calculation of BAE using
``. . . the average rate, in tons per year, at which the emissions unit
actually emitted the pollutant during any consecutive 24-month period
selected by the owner or operator within the 10-year period immediately
preceding either the date the owner or operator begins actual
construction of the project, or the date a complete permit application
is received by the reviewing authority . . .'' See 40 CFR
51.165(a)(1)(xxxv)(B) and 51.166(b)(47)(ii). VADEQ's currently approved
BAE definitions, codified at 9VAC5-80 sections 1615C (PSD) and 2010C
(nonattainment NSR), provide for a 5-year lookback period. The 2015 NSR
SIP Revision includes VADEQ's revised definitions of BAE to provide for
a 10-year lookback period for non EGUs, consistent with the federal
counterpart.
    When EPA originally approved the 5-year lookback into VADEQ's
nonattainment NSR and PSD programs, limited approval was granted. See
73 FR 62893, 62897 (October 22, 2008). The previous definitions of BAE
at 9VAC5-80 sections 1615C and 2010C in VADEQ's June 27, 2008 SIP
submittals included the 5-year lookback which EPA found approvable,
despite being different from the federal lookback period. However,
VADEQ's regulations at the time in sections 1615C and 2010C also
included provisions for the use of a different time period to calculate
BAE if it was found to be more representative of normal operations. In
our October 22, 2008 final rulemaking notice, EPA raised concerns that
this provision could allow for the use of a lookback period that
extended beyond the ten years allowed by the federal programs for PSD
and NSR. However, EPA noted that because VADEQ had affirmed that it was
not its intention to extend the lookback period beyond ten years, a
limited approval was justified. See 73 FR at 62898. In VADEQ's 2015 NSR
SIP Revision submittal, the provision allowing for the use of a
different lookback period if it was found to be more representative of
normal operations was struck from the definition of BAE at 9VAC5-80
section 1615C, making it consistent with the federal counterpart.
However, that provision was inadvertently left in the definition of BAE
in the version of 9VAC5-80 section 2010C for NSR. By letter dated March
1, 2017, VADEQ officially withdrew from EPA's consideration for
inclusion into the SIP the portion of the definition of BAE at section
2010C stating, ``The board will allow the use of another time period
upon a determination that it is more representative of normal source
operation.'' Thus, EPA finds the revised definition of BAE at 9VAC5-80
section 2010C (with the provision for a different lookback period
stricken) fully approvable as the definition is consistent with federal
CAA requirements. EPA expects that the sentence withdrawn from the SIP
submittal will be removed from the Virginia Code as soon as practicable
as Virginia affirmed in its March 1, 2017 letter, and that VADEQ will
implement its NSR program consistent with the approved SIP and the
federal requirements for NSR in the interim. With this approval, EPA
would also remove its prior limited approval for these regulations.
    Finally, the federal requirement for calculating BAE for PSD and
NSR provide for the use of different 24-month periods for different
regulated NSR pollutants. See 40 CFR 51.165(a)(1)(xxxv)(B)(4) and
51.166(b)(47)(ii)(c). Under VADEQ's currently SIP-approved BAE
definitions at 9VAC5-80 sections 1615C and 2010C, and 9VAC5-85 section
50, sources were required to use the same 24-month period for all
regulated NSR pollutants. VADEQ has revised these provisions to allow
for the use of different 24-month periods for different regulated NSR
pollutants for both PSD and NSR and has submitted these revised
definitions in 9VAC5-80 sections 1615C and 2010C and 9VAC5-85 section
50 in its 2015 NSR SIP Revision to be consistent with the federal
requirements relating to different lookback periods for different
regulated NSR pollutants. Because these revisions are consistent with
federal definitions in 40 CFR 51.165 and 51.166 for using different 24-
month periods for different regulated NSR pollutants, EPA finds these
additional revisions in 9VAC5-80 sections 1615C and 2010C and 9VAC5-85
section 50 approvable in accordance with CAA requirements.

B. Plantwide Applicability Limits (PALs)

    Federal requirements for PALs include an effective period of ten
years for the plantwide permit.\1\ See 40 CFR 51.165(f) et seq and
51.166(w) et seq. VADEQ's currently-SIP approved regulations only
provided for a 5-year effective period for such plantwide permits. The
2015 NSR SIP Revision includes amended versions of 9VAC-5-80 sections
1615C, 1865C(1)(f), 2010C, and 2144C(1)(f), as well as 9VAC5-85-50, to
provide for a PAL effective period of ten years, consistent with the
federal regulations providing for a ten-year PAL effective period. In
addition, the 2015 NSR SIP Revision includes amended versions of 9VAC5-
80 sections 1865E and 2144E and 9VAC5-85-55 to allow for the use of
different 24-month periods for different regulated NSR pollutants when
establishing PALs, consistent with the discussion in Section II.A of
this notice. Because these amended regulations for PAL effective period
and baseline calculations are now consistent with federal requirements
for PALs in 40 CFR 51.165 and 51.166, EPA finds these amended
provisions approvable for the Virginia SIP.
---------------------------------------------------------------------------

    \1\ A PAL is a voluntary permit option that provides the ability
to manage facility-wide emissions without triggering major NSR
review. The flexibility provided under a PAL facilitates the ability
to respond rapidly to changing market conditions while enhancing the
environmental protection afforded under the program. If facility
emissions remain below a plantwide actual emissions cap (that is, an
actuals PAL), then a facility can avoid major NSR permitting process
when making alterations to the facility or individual emissions
units that would otherwise trigger NSR permitting. In return for
this flexibility, facilities must monitor emissions from all
emissions units under the PAL in addition to other recordkeeping and
reporting requirements.
---------------------------------------------------------------------------

C. Replacement Units

    Finally, the 2015 NSR SIP Revision submittal adds definitions of
``replacement unit,'' and amends the definitions of ``emissions unit,''
under 9VAC5-80 sections 1615C and 2010C and 9VAC5-85 section 50. The
effect of these revisions is to allow replacement units to be treated
as existing units when calculating pre- and post-change emissions for
purposes of determining NSR applicability. VADEQ's definitions of
``replacement unit'' are consistent with their federal counterparts at
40 CFR 51.165(a)(1)(xxi) and 51.166(b)(32). VADEQ's amended definitions
of ``emissions unit'' are now consistent with their federal
counterparts at 40 CFR 51.165(a)(1)(vii) and 51.166(b)(7), as is
VADEQ's approach to calculating pre- and post-change emissions for
replacement units. Thus, EPA finds these new and amended provisions in
the 2015 NSR SIP Revision approvable.
    EPA finds the revisions to 9VAC5-80 sections 1615, 1865, 2010, and
2144 and 9 VAC5-85 sections 50 and 55 (including the changes discussed
herein as well as the minor administrative changes for grammatical and
numbering consistency) consistent with CAA section 110(l). None of the
revisions interfere with any applicable requirement concerning
attainment of any NAAQS nor interfere with reasonable further progress
or any other applicable requirement of the CAA. As

described in this rulemaking, the revisions to the Virginia Code in the
2015 NSR SIP Revision are consistent with federal requirements for PSD
and NSR in 40 CFR 51.165 and 51.166. Because the revisions are
consistent with federal requirements for PSD and NSR permitting
programs which permit construction and modifications in accordance with
permitting and emission limitation requirements and address definitions
for BAE and PAL effective periods, EPA does not expect any interference
with the NAAQS from these revisions.

III. Proposed Action

    EPA's review of VADEQ's 2015 NSR SIP Revision submittal indicates
that it is consistent with the CAA and all of its implementing
regulations. Therefore, EPA is proposing to approve the October 16,
2015 submittal, as amended on March 1, 2017, as a revision to the
Virginia SIP. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their federal counterparts. . . . '' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
NSR program consistent with the federal requirements. In any event,
because EPA has also determined that a state audit privilege and
immunity law can affect only state enforcement and cannot have any
impact on federal enforcement authorities, EPA may at any time invoke
its authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this proposed rule, 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 VADEQ regulations regarding definition and
permitting requirements discussed in Section II of this notice. EPA has
made, and will continue to make, these materials generally available
through http://www.regulations.gov and/or at the EPA Region III Office
(please contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information).

VI. 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 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);
     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 as
defined in 18 U.S.C. 1151 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, pertaining to Virginia's preconstruction
permitting requirements does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

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: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-07820 Filed 4-17-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25390-25392]
[FR Doc No: 2011-10805]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64359; File No. SR-ISE-2011-27]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Permit the Listing of Series With $0.50 and $1 Strike Price
Increments on Certain Options Used To Calculate Volatility Indexes

April 28, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on April 26, 2011, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have

been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its rules to permit the listing of
strike prices in $0.50 intervals where the strike price is less than
$75, and strike prices in $1.00 intervals where the strike price is
between $75 and $150 for option series used to calculate volatility
indexes. The text of the proposed rule change is available on the
Exchange's Web site http://www.ise.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to permit the Exchange
to list strike prices in $0.50 intervals where the strike price is less
than $75, and strike prices in $1.00 intervals where the strike price
is between $75 and $150 for option series used to calculate volatility
indexes. This proposal is based on a recently filed rule change by NYSE
Arca, Inc. (``NYSE Arca'') and NYSE Amex LLC (``NYSE Amex'').\3\
---------------------------------------------------------------------------

    \3\ See SR-NYSEArca-2011-19 and SR-NYSEAmex-2011-26. In its
filing, NYSE Arca and NYSE AMEX cite to the Commission's approval of
a recent filing by the Chicago Board Options Exchange (``CBOE'').
---------------------------------------------------------------------------

    To effect this change, the Exchange is proposing to add new
Supplementary Material .11 to ISE Rule 504. The new provision will
permit the listing of strike prices in $0.50 intervals where the strike
price is less than $75, and strike prices in $1.00 intervals where the
strike price is between $75 and $150 for option series used to
calculate volatility indexes.\4\
---------------------------------------------------------------------------

    \4\ For example, CBOE calculates the CBOE Gold ETF Volatility
Index (``GVZ''), which is based on the VIX methodology applied to
options on the SPDR Gold Trust (``GLD''). The current filing would
permit $0.50 strike price intervals for GLD options where the strike
price is $75 or less. ISE is currently permitted to list strike
prices in $1 intervals for GLD options (where the strike price is
$200 or less), as well as for other exchange-traded fund options.
See ISE Rule 504.
---------------------------------------------------------------------------

    Volatility indexes are calculated and disseminated by the CBOE,
which also list options on the resulting index. At this time, ISE has
no intention of listing volatility options, and will not be selecting
options in any equity securities, Exchange-Traded Fund Shares, Trust
Issued Receipts, Exchange Traded Notes, Index-Linked Securities, or
indexes to be the basis of a volatility index.
    To the extent that the CBOE or another exchange selects a multiply
listed product as the basis of a volatility index, proposed
Supplementary Material .11 would permit ISE to list and compete in all
series listed by the CBOE for purposes of calculating a volatility
index.
    ISE has analyzed its capacity and represents that it believes the
Exchange and the Options Price Reporting Authority have the necessary
systems capacity to handle the additional traffic associated with the
listing of strike prices in $0.50 intervals where the strike price is
less than $75, and strike prices in $1.00 intervals where the strike
price is between $75 and $150 for option series used to calculate
volatility indexes in securities selected by the CBOE.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(5) that an exchange have rules that are designed to promote just
and equitable principles of trade, and to remove impediments to and
perfect the mechanism for a free and open market and a national market
system, and in general, to protect investors and the public interest.
In particular, the proposed rule change will allow the Exchange to
offer a full range of all available option series in a given class,
including those selected by other exchanges to be the basis of a
volatility index. While this proposal will generate additional quote
traffic, the Exchange does not believe that this increased traffic will
become unmanageable since the proposal is restricted to a limited
number of classes. Further, the Exchange does not believe that the
proposal will result in a material proliferation of additional series
because it is restricted to a limited number of classes.

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

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

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

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

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-
4(f)(6) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the five-day prefiling requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to that of
another exchange that has been approved by the Commission.\7\
Therefore, the Commission designates the proposal operative upon
filing.\8\
---------------------------------------------------------------------------

    \7\ See Exchange Act Release No. 64189 (April 5, 2011), 76 FR
20066 (April 11, 2011) (SR-CBOE-2011-008).
    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2011-27 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2011-27. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
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-ISE-2011-27 and should be
submitted on or before May 25, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-10805 Filed 5-3-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 10, 2008 (Volume 73, Number 176)]
[Notices]
[Page 52717-52719]
[DOCID:fr10se08-76]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58458; File No. SR-NYSEArca-2008-95]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Net
Asset Value Calculations for CurrencyShares Trusts

September 3, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 28, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The

Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), proposes to provide a description of the
revised methodology for calculating net asset value (``NAV'') to be
implemented by the CurrencyShares Euro Trust; CurrencyShares Australian
Dollar Trust; CurrencyShares British Pound Sterling Trust;
CurrencyShares Canadian Dollar Trust; CurrencyShares Japanese Yen
Trust; CurrencyShares Mexican Peso Trust; CurrencyShares Swedish Krona
Trust; and CurrencyShares Swiss Franc Trust. The text of the proposed
rule change is available on the Exchange's Web site at www.nyx.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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to provide a description of the revised
methodology for calculating net asset value (``NAV'') to be implemented
by the CurrencyShares Euro Trust; CurrencyShares Australian Dollar
Trust; CurrencyShares British Pound Sterling Trust; CurrencyShares
Canadian Dollar Trust; CurrencyShares Japanese Yen Trust;
CurrencyShares Mexican Peso Trust; CurrencyShares Swedish Krona Trust;
and CurrencyShares Swiss Franc Trust (the ``Trusts'').\3\ The
Commission has previously approved the Trusts for listing on the
Exchange pursuant to NYSE Arca Equities Rule 8.202 (``Currency Trust
Shares'').\4\ The Trusts were previously listed on the New York Stock
Exchange LLC (``NYSE'').\5\
---------------------------------------------------------------------------

    \3\ See Post-Effective Amendment No. 1 to Form S-1 for
CurrencyShares Australian Dollar Trust (Registration No. 333-132362,
dated February 8, 2008); CurrencyShares British Pound Trust
(Registration No. 333-132361, dated February 8, 2008);
CurrencyShares Canadian Dollar Trust (Registration No. 333-132363,
dated February 8, 2008); CurrencyShares Euro Trust (Registration No.
333-125581, dated February 1, 2008); CurrencyShares Japanese Yen
Trust (Registration No. 333-138881, dated February 12, 2008);
CurrencyShares Swiss Franc Trust (Registration No. 333-132364, dated
February 1, 2008); Prospectus Supplement No. 11 for the
CurrencyShares Mexican Peso Trust (Registration No. 333-132367,
dated June 13, 2008); Prospectus Supplement No. 10 for the
CurrencyShares Swedish Krona Trust (Registration No. 132366, dated
June 13, 2008) (collectively, ``Registration Statements''). The
shares of the Trusts represent units of fractional undivided
beneficial interest in, and ownership of, the respective Trust. The
investment objective of the Trusts is for the shares issued by the
Trusts to reflect the price of the applicable foreign currency owned
by the specific Trust, plus accrued interest, less the expenses and
liabilities of such Trust, according to the Registration Statements.
The shares are intended to provide institutional and retail
investors with a simple, cost-effective means of hedging their
exposure to a particular foreign currency and otherwise implement
investment strategies that involve foreign currency (e.g., diversify
more generally against the risk that the U.S. Dollar (``USD'') would
depreciate).
    \4\ See Securities Exchange Act Release No. 56131 (July 25,
2007), 72 FR 42212 (August 1, 2007) (SR-NYSEArca-2007-57) (order
granting accelerated approval for listing on NYSE Arca of
CurrencyShares Trusts).
    \5\ See Securities Exchange Act Release Nos. 52843 (November 28,
2005), 70 FR 72486 (December 5, 2005) (SR-NYSE-2005-65) (order
granting accelerated approval for NYSE to list and trade shares of
the Euro Currency Trust, now known as the CurrencyShares Euro
Trust); 54020 (June 20, 2006), 71 FR 36579 (June 27, 2006) (SR-NYSE-
2006-35) (order granting accelerated approval for NYSE to list and
trade shares of the CurrencyShares Australian Dollar Trust,
CurrencyShares British Pound Sterling Trust, CurrencyShares Canadian
Dollar Trust, CurrencyShares Mexican Peso Trust, CurrencyShares
Swedish Krona Trust and CurrencyShares Swiss Franc Trust); 55268
(February 9, 2007), 72 FR 7793 (February 20, 2007) (SR-NYSE-2007-03)
(order granting accelerated approval for NYSE to list and trade
shares of the CurrencyShares Japanese Yen Trust).
---------------------------------------------------------------------------

    Each of the Trusts currently utilizes the Federal Reserve Bank of
New York Noon Buying Rate in calculating the NAV for the Trusts and for
shares (``Shares'') of the Trusts.\6\ The NAV is posted on the Trusts'
Web site (www.currencyshares.com) as soon as the valuation of the
foreign currency held by a Trust is complete (ordinarily by 2 p.m. (New
York time)). Ordinarily, it is posted no more than thirty minutes after
the Noon Buying Rate is published by the Federal Reserve Bank of New
York.
---------------------------------------------------------------------------

    \6\ As described in the above-noted previous proposed rule
changes by the Exchange and the NYSE relating to the Trusts, on each
day that the NYSE is open for regular trading, The Bank of New York
(``Trustee'') will determine the NAV of each of the Trusts. In so
doing, the Trustee values the foreign currency held by the Trusts on
the basis of the Noon Buying Rate, which is the USD/applicable
foreign currency exchange rate as determined by the Federal Reserve
Bank of New York as of 12 p.m. (New York time) on each day that the
NYSE is open for regular trading. The Sponsor (Rydex Specialized
Products LLC) publishes each Trust's NAV each business day on its
Web site.
---------------------------------------------------------------------------

    As of the operative date of this proposed rule change, the Trusts
intend to utilize a revised methodology for calculating NAV, as
follows. To calculate the NAV, the Trustee adds to the amount of
foreign currency in the Trust at the end of the preceding business day
accrued but unpaid interest, the foreign currency receivable under
pending purchase orders and the value of other Trust assets, and
subtracts the accrued but unpaid Sponsor's fee, the foreign currency
payable under pending redemption orders and other Trust expenses and
liabilities, if any. The result is the NAV of the Trust for that
business day. The Trustee shall also divide the NAV of each Trust by
the number of Shares outstanding for the date of the evaluation then
being made, which figure is the ``NAV per Share.'' The NAV will be
expressed in USD based on the Closing Spot Rate \7\ as determined by
WM/Reuters at 4 p.m. (London time). If, on a particular evaluation day,
the Closing Spot Rate has not been determined and announced by 6 p.m.
(London time), then the most recent Closing Spot Rate shall be used to
determine the NAV of the Trust unless the Trustee, in consultation with
the Sponsor, determines that such price is inappropriate to use as the
basis for such valuation. In the event that the Trustee and the Sponsor
determine that the most recent Closing Spot Rate is not an appropriate
basis for valuation of the Trust's currency, the Trustee and the
Sponsor shall determine an alternative basis for such evaluation to be
employed by the Trustee. Such an alternative basis may include
reference to the market price of futures contracts that reflect the
value of the foreign currency relative to the USD. The use of any
alternative basis to determine NAV would be disclosed on the Trust's
Web site. The Trustee also determines the NAV per Share, which equals
the NAV of the Trust divided by the number of outstanding Shares. The
Sponsor publishes the NAV and NAV per Share for each Trust on each day
that the Exchange is open for regular trading on the Trusts' Web
site.\8\
---------------------------------------------------------------------------

    \7\ Closing Spot Rate will be defined in the Registration
Statements as ``the [Foreign Currency]/USD exchange rate as
determined by WM/Reuters at 4 p.m. (London time)''. WM/Reuters is a
joint venture of The WM Company PLC and Thomson Reuters.
    \8\ The Exchange will obtain a representation from the Trusts
that the NAV per Share will be calculated daily and made available
to all market participants at the same time.

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

    The Exchange understands that the Closing Spot Rate as determined
by WM/Reuters is an internationally accepted currency exchange rate and
is the rate generally used in currency swap transactions. The Closing
Spot Rate for various currencies is published in the Financial Times.
According to WM/Reuters, the majority of main equity and bond index
compilers use the WM/Reuters exchange rates in their calculations.\9\
The Exchange believes that the WM/Reuters Closing Spot Rate is a
widely-accepted, transparent and widely-disseminated measure of
currency exchange rates and does not believe that a transition to using
WM/Reuters data will adversely impact investors or market transparency.
---------------------------------------------------------------------------

    \9\ See ``Spot & Forward Rates Guide'' published by WM/Reuters,
available at www.wmcompany.com.
---------------------------------------------------------------------------

    Prior to implementation of the revised NAV calculation procedures
as described above, the Exchange will issue an Information Bulletin
informing ETP Holders of the new procedures and that the NAV for the
Trusts will be available on the Trusts' Web site. Notice to investors
of changes to the NAV calculation methodology will be posted on the
Trusts' Web site. In addition, the Registration Statements will be
supplemented to reflect the revised methodology.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \10\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\11\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed revisions to NAV calculation methodology for the Trusts will
continue to ensure transparency of the NAV calculation based upon
widely-accepted information sources.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    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.
    NYSE Arca believes that the proposed rule change is
noncontroversial in that the Trusts will continue to use an
internationally-accepted, transparent and widely-disseminated measure
of currency exchange rates as the basis for NAV calculation. Use of the
Closing Spot Rate by the Trusts in place of the Noon Buying Rate should
not adversely impact investors or market transparency.\14\
---------------------------------------------------------------------------

    \14\ E-mail from Tim Malinowski, Director, NYSE Euronext, to
Edward Cho, Special Counsel, Division of Trading and Markets,
Commission, dated September 3, 2008.
---------------------------------------------------------------------------

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-2008-95 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-95. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of 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-2008-95 and should be submitted on or before
October 1, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20963 Filed 9-9-08; 8:45 am]

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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Page 50890]
[FR Doc No: 2023-16347]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4713-DR; Docket ID FEMA-2023-0001]

Soboba Band of Luiseno Indians; Major Disaster and Related
Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Soboba Band of Luiseno Indians (FEMA-4713-DR), dated
May 18, 2023, and related determinations.

DATES: The declaration was issued May 18, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 18, 2023 the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage to the lands associated with
the Soboba Band of Luise[ntilde]o Indians resulting from a severe
winter storm and flooding during the period of February 23 to
February 26, 2023, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists for the Soboba Band of Luise[ntilde]o Indians.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance and Hazard
Mitigation for the Soboba Band of Luise[ntilde]o Indians. Consistent
with the requirement that Federal assistance be supplemental, any
Federal funds provided under the Stafford Act for Public Assistance
and Hazard Mitigation will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Benigno Bern Ruiz, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas have been designated as adversely affected by
this major disaster:

    Soboba Band of Luiseno Indians for Public Assistance.
    The Soboba Band of Luiseno Indians is eligible to apply for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16347 Filed 8-1-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51970-51972]
[FR Doc No: 2011-21228]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0017; FRL-9454-2]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Underground Injection Control (UIC) Program

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2011. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described in the
SUPPLEMENTARY INFORMATION section.

DATES: Comments must be submitted on or before October 18, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2003-0017 identified by the Docket ID numbers provided for each item in
the text, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Mail: Environmental Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center--Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington,
DC.

    Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2003-
0017. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. 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. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robert E. Smith, Office of Ground
Water and Drinking Water/Drinking Water Protection Division/Underground
Injection Control Program, Mailcode: 4606M, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2003-0017, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
owners and operators of underground injection wells, State Underground
Injection Control (UIC) primacy agencies, and U.S. EPA Regional Offices
with Direct Implementation (DI) UIC programs.
    Title: Underground Injection Control (UIC) Program.
    ICR numbers: EPA ICR No. 0370.24, OMB Control No. 2040-0042.
    ICR status: This ICR is currently scheduled to expire on December
31, 2011. 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 OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Underground Injection Control (UIC) Program under the
Safe Drinking Water Act established a Federal and State regulatory
system to protect underground sources of drinking water (USDWs) from
contamination by injected fluids. Injected fluids include trillions of
gallons of various types of fluids each year such as hazardous waste,
oil field brines or produced water, mineral processing fluids, various
types of industrial fluids, automotive, sanitary and other wastes, and
carbon dioxide injected for geologic sequestration. Owners/operators of
underground injection wells must obtain permits, conduct environmental
monitoring, maintain records, and report results to EPA or the State
UIC primacy agency. States must report to EPA on permittee compliance,
owners/operators of rule-authorized well compliance and related
information.

The mandatory information is reported using standardized forms and
annual reports, and the regulations are codified at 40 CFR Parts 144
through 148. The data are used by UIC authorities to ensure the
protection of underground sources of drinking water.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2.32
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 53,772.
    Frequency of response: annual, semi-annual, and quarterly.
    Estimated total average number of responses for each respondent:
10.39.
    Estimated total annual burden hours: 1,296,167 hours.
    Estimated total annual costs: $194,842,061. This includes an
estimated burden cost of $54,384,103 and an estimated cost of
$140,457,959 for capital investment or maintenance and operational
costs.

Are there changes in the estimates from the last approval?

    There is an increase of 233,836 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase reflects a variety of adjustments and
program changes. Most of the burden increase is due to increases in the
inventory of injection wells and the number of permit applications and
mechanical integrity tests submitted by operators and reviewed by
permitting authorities. Other changes and adjustments relate to reduced
activities associated with the Florida Class I Rule and the 1999 Class
V Rule, addition of burden associated with the 2010 Class VI Rule,
granting of primacy to two Tribes, and burden reduction associated with
electronic reporting via the National UIC database.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: August 15, 2011.
Ronald W. Bergman,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 2011-21228 Filed 8-18-11; 8:45 am]
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