[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40703-40709]
[FR Doc No: 2017-17862]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0052; FRL-9966-78-Region 3]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
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 approving these revisions to the Virginia SIP in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0052. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: David Talley,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 18, 2017 (73 FR 18272), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA
proposed approval of revisions to Virginia's NSR regulations. On
October 16, 2015, the Commonwealth of Virginia through the Virginia
Department of Environmental Quality (VADEQ), 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 national
ambient air quality standards (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

    As discussed in the NPR, the October 16, 2015 SIP submittal
revision (as

amended March 1, 2017) (hereinafter referred to as the 2015 NSR SIP
Revision) generally makes 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: (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 approving 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 source(s) affected by the project at hand 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 previously
approved BAE definitions, codified at 9VAC5-80 sections 1615C (PSD) and
2010C (nonattainment NSR), provided for a 5-year lookback period. The
2015 NSR SIP Revision included 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 granted. 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 permitting up to a 10-year lookback. 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 also removes 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). VADEQ has revised the BAE definitions at 9VAC5-80
sections 1615C and 2010C, and 9VAC5-85 section 50 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 revisions 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 sections 51.165(f) et seq
and 51.166(w) et seq. The 2015 NSR SIP Revision included 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 included 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. EPA finds these
amended provisions approvable for the Virginia SIP because these
amended regulations for PAL effective period and baseline calculations
are consistent with Federal requirements for PALs in 40 CFR 51.165 and
51.166.
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    \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.
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C. Replacement Units

    Finally, the 2015 NSR SIP Revision submittal added 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 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.
    Other specific requirements of the 2015 NSR SIP Revision and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here.

III. EPA's Response to Comments Received on the Proposed Action

    EPA received two sets of comments on the April 18, 2017 NPR. A full
set of these comments is included in the docket for this final action.
A summary of the comments and EPA's responses are included herein.
    Comment: The first commenter asserts that EPA ``. . . shouldn't
have the right to tell States what they can and cannot do,'' and
further, that the States are capable of ``. . . cleaning up the air.''
    EPA Response: The CAA establishes a partnership between state and
Federal entities for the protection and improvement of the nation's air
quality. Under CAA section 109, EPA is required to establish NAAQS for
the protection of public health and welfare. Subsequent to the
promulgation (or revision) of a NAAQS, states are required by CAA
section 110 to adopt and submit to EPA for approval, a SIP which
provides for the implementation, maintenance, and enforcement of the
NAAQS. Virginia's October 16, 2015 SIP submittal met that requirement.
In addition, section 110(a)(2)(C) specifically requires that state
plans include a PSD and nonattainment NSR permit program as required in
parts C and D of Title I of the Clean Air Act. The division of
responsibilities between EPA and the states in the section 110 process
was reaffirmed by the U.S. Court of Appeals for the District of
Columbia Circuit in the Commonwealth of Virginia, et al., v. EPA, 108
F.3d 1397 (D.C. Cir. 1997). The action being finalized today approving
revisions to Virginia regulations which implement the PSD and NSR
permit program required by the CAA is consistent with EPA's
responsibilities as established by Congress under CAA section 110. EPA
is approving the 2015 NSR SIP Revision because it complies with the
provisions of the CAA and applicable federal regulations as discussed
in the NPR and in this rulemaking action. See section 110(k) of the
CAA.
    Comment: The second commenter expressed a need for clean air, and
urged EPA to ``(s)top trying to lower . . .'' environmental standards.
    EPA Response: EPA thanks the commenter for the concern for
environmental issues such as clean air and water. However, the comment
is not germane or relevant to the issues in this rulemaking to bring
Virginia's NSR program in line with federal NSR requirements in 40 CFR
51.165 and 51.166. EPA has fully explained our reasons for approving
VA's revisions to its NSR program in this notice and in the NPR. As
discussed in the NPR, 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. In addition, the comment lacks the required specificity and
does not address any specific Virginia regulation upon which we should
act differently nor address any action EPA should take differently with
regards to Virginia's NSR regulations.

IV. Final Action

    EPA is approving the 2015 NSR SIP Revision as it is in accordance
with requirements in the CAA in sections 110 and 173 and with federal
regulations at 40 CFR 51.165 and 51.166. Additionally, because the
Virginia regulations submitted in the 2015 NSR SIP Revision correct
issues related to appropriate BAE and ``lookback period'' in Virginia's
NSR permit program for which EPA previously granted limited approval in
2008, EPA now grants full approval to Virginia's NSR permit program for
PSD and NSR permitting.

V. 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.

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the VADEQ
regulations regarding definitions 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).
    Therefore, these materials have been approved by EPA for inclusion
in the SIP, have been incorporated by reference by EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. Statutory and Executive Order Reviews

A. General Requirements

    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).
    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 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).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 27, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action pertaining to Virginia's preconstruction permitting
requirements may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 12, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entries for Sections ``5-50-270'', ``5-50-280'', ``5-80-1605''
through ``5-80-2240'',''5-85-50'', and ``5-85-55'' to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 Epa-Approved Virginia Regulations and Statutes
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                                                             State
          State citation              Title/subject        effective     EPA approval date   Explanation [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        9 VAC 5, Chapter 50 New and Modified Stationary Sources [Part V]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Article 4 Standards of Performance for Stationary Sources (Rule 5-4)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-50-270.........................  Standard for Major           9/1/06  8/28/17, [Insert     Previous approval
                                    Stationary Sources                   Federal Register     10/22/08.
                                    (Nonattainment                       citation].
                                    Areas).
5-50-280.........................  Standard for                 9/1/06  8/28/17, [Insert     Previous approval
                                    Stationary Sources                   Federal Register     10/22/08.
                                    (Prevention of                       citation].
                                    Significant
                                    Deterioration
                                    Areas).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Article 8 Permits--Major Stationary Sources and Major Modifications Located in Prevention of Significant
                                               Deterioration Areas
----------------------------------------------------------------------------------------------------------------
5-80-1605........................  Applicability......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1615........................  Definitions........         8/13/15  8/28/17, [Insert     ...................
                                                                         Federal Register
                                                                         citation].
5-80-1625........................  General............         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1635........................  Ambient Air                 8/17/11  8/28/17, [Insert     Previous approval
                                    Increments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1645........................  Ambient Air                  9/1/06  8/28/17, [Insert     Previous approval
                                    Ceilings.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1655........................  Applications.......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1665........................  Compliance with              9/1/06  8/28/17, [Insert     Previous approval
                                    local zoning                         Federal Register     10/22/08.
                                    requirements.                        citation].
5-80-1675........................  Compliance                   9/1/06  8/28/17, [Insert     Previous approval
                                    determination and                    Federal Register     10/22/08.
                                    verification by                      citation].
                                    performance
                                    testing.
5-80-1685........................  Stack Heights......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1695........................  Exemptions.........          6/4/14  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1705........................  Control technology           9/1/06  8/28/17, [Insert     Previous approval
                                    review.                              Federal Register     10/22/08.
                                                                         citation].
5-80-1715........................  Source impact                6/4/14  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1725........................  Air quality models.          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1735........................  Air quality                  9/1/06  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].

5-80-1745........................  Source Information.          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1755........................  Additional impact            9/1/06  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1765........................  Sources affecting           8/17/11  8/28/17, [Insert     Previous approval
                                    Federal class I                      Federal Register     10/22/08.
                                    areas--additional                    citation].
                                    requirements.
5-80-1775........................  Public                       9/1/06  8/28/17, [Insert     Previous approval
                                    participation.                       Federal Register     10/22/08.
                                                                         citation].
5-80-1785........................  Source obligation..          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1795........................  Environmental                9/1/06  8/28/17, [Insert     Previous approval
                                    impact statements.                   Federal Register     10/22/08.
                                                                         citation].
5-80-1805........................  Disputed permits...          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1815........................  Interstate                   9/1/06  8/28/17, [Insert     Previous approval
                                    pollution                            Federal Register     10/22/08.
                                    abatement.                           citation].
5-80-1825........................  Innovative control           9/1/06  8/28/17, [Insert     Previous approval
                                    technology.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1865........................  Actuals plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    (PAL).                               citation].
5-80-1915........................  Actions to combine          7/23/09  8/28/17, [Insert     Previous approval
                                    permit terms and                     Federal Register     10/22/08.
                                    conditions.                          citation].
5-80-1925........................  Actions to change           7/23/09  8/28/17, [Insert     Previous approval
                                    permits.                             Federal Register     10/22/08.
                                                                         citation].
5-80-1935........................  Administrative              7/23/09  8/28/17, [Insert     Previous approval
                                    permit amendments.                   Federal Register     10/22/08.
                                                                         citation].
5-80-1945........................  Minor permit                7/23/09  8/28/17, [Insert     Previous approval
                                    amendments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1955........................  Significant                 7/23/09  8/28/17, [Insert     Previous approval
                                    amendment                            Federal Register     10/22/08.
                                    procedures.                          citation].
5-80-1965........................  Reopening for cause         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1975........................  Transfer of permits          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1985........................  Permit                       9/1/06  8/28/17, [Insert     Previous approval
                                    invalidation,                        Federal Register     10/22/08.
                                    revocation, and                      citation].
                                    enforcement.
5-80-1995........................  Existence of permit          9/1/06  8/28/17, [Insert     Previous approval
                                    no defense.                          Federal Register     10/22/08.
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
  Article 9 PermitsMajor Stationary Sources and Major Modifications Located in Nonattainment Areas or the Ozone
                                                Transport Region
----------------------------------------------------------------------------------------------------------------
5-80-2000........................  Applicability......          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2010........................  Definitions........         8/13/15  8/28/17, [Insert     Paragraph C is
                                                                         Federal Register     revised, except
                                                                         citation].           that under
                                                                                subdivision b of
                                                                                the definition of
                                                                                ``baseline actual
                                                                                emissions,'' the
                                                                                sentence stating,
                                                                                ``The board shall
                                                                                allow the use of
                                                                                another time
                                                                                period upon a
                                                                                determination that
                                                                                it is more
                                                                                representative of
                                                                                normal source
                                                                                operation,'' is
                                                                                not in the SIP.
5-80-2020........................  General............         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2030........................  Applications.......          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2040........................  Application                  5/1/02  8/28/17, [Insert     Previous approval
                                    information                 9/1/06   Federal Register     10/22/08.
                                    required.                            citation].
5-80-2050........................  Standards and                5/1/02  8/28/17, [Insert     Previous approval
                                    conditions for              9/1/06   Federal Register     10/22/08.
                                    granting permits.                    citation].
5-80-2060........................  Action on permit             5/1/02  8/28/17, [Insert     Previous approval
                                    application.                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2070........................  Public                       5/1/02  8/28/17, [Insert     Previous approval
                                    participation.              9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2080........................  Compliance                   5/1/02  8/28/17, [Insert     Previous approval
                                    determination and           9/1/06   Federal Register     10/22/08.
                                    verification by                      citation].
                                    performance
                                    testing.

5-80-2090........................  Application review           5/1/02  8/28/17, [Insert     Previous approval
                                    and analysis.              9/01/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2091........................  Source obligation..          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2110........................  Interstate                   5/1/02  8/28/17, [Insert     Previous approval
                                    Pollution                   9/1/06   Federal Register     10/22/08.
                                    Abatement.                           citation].
5-80-2120........................  Offsets............         8/17/11  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2130........................  De minimis                   5/1/02  8/28/17, [Insert     Previous approval
                                    increases and               9/1/06   Federal Register     10/22/08.
                                    stationary source                    citation].
                                    modification
                                    alternatives for
                                    ozone
                                    nonattainment
                                    areas classified
                                    as serious or
                                    severe in 9 VAC 5-
                                    20-204.
5-80-2140........................  Exemptions.........         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2144........................  Actuals plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    limits (PALs).                       citation].
5-80-2150........................  Compliance with              5/1/02  8/28/17, [Insert     Previous approval
                                    local zoning               9/01/06   Federal Register     10/22/08.
                                    requirements.                        citation].
5-80-2170........................  Transfer of permits          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2180........................  Permit                       5/1/02  8/28/17, [Insert     Previous approval
                                    invalidation,               9/1/06   Federal Register     10/22/08.
                                    revocation, and                      citation].
                                    enforcement.
5-80-2190........................  Existence of permit          5/1/02  8/28/17, [Insert     Previous approval
                                    no defense.                 9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2195........................  Actins to combine           7/23/09  8/28/17, [Insert     Previous approval
                                    permit terms and                     Federal Register     10/22/08.
                                    conditions.                          citation].
5-80-2200........................  Actions to change           7/23/09  8/28/17, [Insert     Previous approval
                                    permits.                             Federal Register     10/22/08.
                                                                         citation].
5-80-2210........................  Administrative              7/23/09  8/28/17, [Insert     Previous approval
                                    permit amendments.                   Federal Register     10/22/08.
                                                                         citation].
5-80-2220........................  Minor permit                7/23/09  8/28/17, [Insert     Previous approval
                                    amendments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-2230........................  Significant                 7/23/09  8/28/17, [Insert     Previous approval
                                    amendment                            Federal Register     10/22/08.
                                    procedures.                          citation].
5-80-2240........................  Reopening for cause         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
             9 VAC 5, Chapter 85 Permits for Stationary Sources of Pollutants Subject to Regulation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Part III Prevention of Significant Deterioration Permit Actions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-85-50..........................  Definitions........         8/13/15  8/28/17, [Insert     ...................
                                                                         Federal Register
                                                                         citation].
5-85-55..........................  Actuals Plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    limits (PALs).                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17862 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Notices]
[Pages 15365-15367]
[FR Doc No: 2014-05984]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71718; File No. SR-NYSE-2014-10]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Price List To Specify Pricing Applicable to Executions of
Mid-Point Passive Liquidity Orders Against Retail Orders Within the
Retail Liquidity Program, Effective March 1, 2014

March 13, 2014.
    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 February 28, 2014, New York Stock Exchange LLC (``NYSE'' 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 self-regulatory
organization. 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 Price List to specify pricing
applicable to executions of Mid-Point Passive Liquidity (``MPL'')
Orders against Retail Orders within the Retail Liquidity Program. The
Exchange proposes to implement the fee change effective March 1, 2014.
The text of the proposed rule change is available on the Exchange's Web
site at www.nyse.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 the
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
    The Exchange proposes to amend its Price List to specify pricing
applicable to executions of MPL Orders against Retail Orders within the
Retail Liquidity Program. The Exchange proposes to implement the fee
change effective March 1, 2014.
    The Exchange recently introduced a new order type called an MPL
Order, which is an undisplayed limit order that automatically executes
at the mid-point of the protected best bid or offer (``PBBO'').\3\ The
Exchange also amended NYSE Rule 107C to specify that MPL Orders could
interact with incoming, contra-side Retail Orders submitted by a Retail
Member Organization (``RMO'') in the Retail Liquidity Program.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 71330 (January 16,
2014), 79 FR 3895 (January 23, 2014) (SR-NYSE-2013-71). See also
NYSE Rule 13.
    \4\ See NYSE Rule 107C. Retail Order is defined in Rule
107C(a)(3) as an agency order or a riskless principal order that
meets the criteria of Financial Industry Regulatory Authority, Inc.
(``FINRA'') Rule 5320.03 that originates from a natural person and
is submitted to the Exchange by an RMO, provided that no change is
made to the terms of the order with respect to price or side of
market and the order does not originate from a trading algorithm or
any other computerized methodology. RMO is defined in Rule
107C(a)(2) as a member organization (or a division thereof) that has
been approved by the Exchange to submit Retail Orders.
---------------------------------------------------------------------------

    The Exchange proposes that the pricing for a Retail Order that
executes against an MPL Order would be the same as the current pricing
for a Retail Order that executes against a Retail Price Improvement
Order (``RPI'') submitted by a Retail Liquidity Provider (``RLP'') or
non-RLP.\5\ Specifically, the Retail Order would receive a credit of
$0.0005 per share. The Exchange also proposes that the contra-side MPL
Order would be billed according to the standard pricing that would
otherwise apply to the MPL Order (e.g., a credit of $0.0015 per share,
not the pricing under the Retail Liquidity Program section of the Price
List).
---------------------------------------------------------------------------

    \5\ RPI is defined in Rule 107C(a)(4) and consists of non-
displayed interest in NYSE-listed securities that is priced better
than the best protected bid (``PBB'') or best protected offer
(``PBO''), as such terms are defined in Regulation NMS Rule
600(b)(57), by at least $0.001 and that is identified as such. RLP
is defined in Rule 107C(a)(1) as a member organization that is
approved by the Exchange to act as such and that is required to
submit RPIs in accordance with Rule 107C.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that a $0.0005 per share credit for a Retail
Order that executes against an MPL Order is reasonable because it is
the same rate that currently applies to a Retail Order that executes
against an RPI. In this regard, both MPL Orders and RPIs offer the
potential for price improvement for a Retail Order. This is further
reasonable because it would create an added financial incentive for
RMOs to bring additional retail order flow to a public market, which
could result in additional price improvement for retail investors.
    The Exchange also believes that it is reasonable for an MPL Order
that executes against a Retail Order to be billed according to standard
pricing that would otherwise apply to the MPL Order (e.g., a credit of
$0.0015 per share, not the pricing under the Retail Liquidity Program
section of the Price List). Specifically, an MPL Order would be
eligible to execute against Retail Orders, but without being so
designated by the submitting member or member organization.
Accordingly, the standard MPL Order rate (e.g., $0.0015) would
otherwise apply to the MPL Order absent its interaction with the Retail
Order.
    The pricing proposed herein is equitable and, like the Retail
Liquidity Program itself, is not designed to permit unfair
discrimination, but instead to promote a competitive process around
retail executions such that retail investors would receive better
prices than they currently do through bilateral internalization
arrangements.
    The proposed pricing could result in an RPI receiving a rate (i.e.,
no charge or a fee of $0.0003 per share) that is inferior to the rate
received by an MPL Order (e.g., a credit of $0.0015 per share), even
when both execute against a Retail Order. The Exchange believes that
this is equitable and not unfairly discriminatory because RPIs would
only execute against Retail Orders, whereas MPL Orders could execute
against Retail Orders or other marketable interest on the Exchange,
including non-retail liquidity.\8\ In this regard, and as previously
recognized by the Securities and Exchange Commission (``Commission''),
``markets generally distinguish between individual retail investors,
whose orders are considered desirable by liquidity providers because
such retail investors are presumed on average to be less informed about
short-term price movements, and professional traders, whose orders are
presumed on average to be more informed.'' \9\ The Exchange has sought
to balance this view in setting the pricing of RPIs compared to MPL
Orders, recognizing that the ability to limit interaction only to
Retail Orders could be a potential benefit applicable only to RPIs.
This is also equitable and not unfairly discriminatory because the use
of RPIs by RLPs and non-RLPs is voluntary. Members and member
organizations that perceive that the potential advantages of
interacting with Retail Orders outweigh the potential costs (i.e.,
providing price improvement and potential inferior pricing as compared
to MPL Orders) may choose to utilize RPIs, but those that do not are
free to forgo their use.
---------------------------------------------------------------------------

    \8\ This is also similar to the manner in which the NASDAQ Stock
Market, LLC (``NASDAQ'') applies pricing for its ``Retail Price
Improvement Program.'' See NASDAQ Rule 7018(g).
    \9\ See Securities Exchange Act Release No. 67347 (July 3,
2012), 77 FR 40673, 40679-80 (July 10, 2012) (SR-NYSE-2011-55; SR-
NYSEAmex-2011-84). See also Concept Release on Equity Market
Structure, Securities Exchange Act Release No. 61358 (January 14,
2010), 75 FR 3594 (January 21, 2010) (``Concept Release'') (noting
that dark pools and internalizing broker-dealers executed
approximately 25.4% of share volume in September 2009). See also
Mary L. Schapiro, Strengthening Our Equity Market Structure (Speech
at the Economic Club of New York, Sept. 7, 2010) (available on the
Commission's Web site). In her speech, Chairman Schapiro noted that
nearly 30 percent of volume in U.S.-listed equities was executed in
venues that do not display their liquidity or make it generally
available to the public and the percentage was increasing nearly
every month.
---------------------------------------------------------------------------

    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the

Exchange believes that the proposed change would increase competition
among execution venues, encourage additional liquidity, and offer the
potential for price improvement to retail investors. In this regard,
the Exchange believes that the transparency and competitiveness of
operating a program such as the Retail Liquidity Program on an exchange
market, and the pricing related thereto, would encourage competition
and result in better prices for retail investors.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2014-10 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-NYSE-2014-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2014-10 and should be
submitted on or before April 9, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-05984 Filed 3-18-14; 8:45 am]
BILLING CODE 8011-01-P