[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices]
[Page 59011-59013]
[DOCID:fr08oc08-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58709; File No. SR-NFA-2008-02]

Self-Regulatory Organizations; National Futures Association;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Technical Amendments to the Interpretive Notice Regarding
Compliance Rule 2-9: Enhanced Supervisory Requirements

October 1, 2008.
    Pursuant to Section 19b(7) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-7 under the Act,\2\ notice is hereby given
that on September 5, 2008, the National Futures Association (``NFA'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change described in Items I, II, and
III below, which Items have been prepared by the NFA.\3\ The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons. NFA also has filed this proposed rule
change concurrently with the Commodity Futures Trading Commission
(``CFTC'').
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
    \3\ NFA filed a letter from the CFTC notifying the NFA that it
had determined not to review the proposed rule change. See note 4.
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    On September 5, 2008, the NFA requested that the CFTC make a
determination that review of the proposed rule change is not necessary.
On September 18, 2008, the CFTC notified the NFA that the CFTC has
determined not to review the proposed rule change.\4\
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    \4\ See letter from William Penner, Deputy Director, CFTC, to
Thomas W. Sexton, III, Esq., General Counsel, NFA, dated September
18, 2008.
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I. Self-Regulatory Organization's Description and Text of the Proposed
Rule Change

    The NFA's Board of Directors (``Board'') adopted two revisions to
NFA Compliance Rule 2-9's Interpretive Notice entitled ``Enhanced
Supervisory Requirements'' (``Notice''). The changes include a limited
expansion of an existing exemption for some associated persons
(``APs'') who worked at a Disciplined Firm more than ten years ago from
being counted for purposes of calculating whether a Member that hires
such an individual is required to adopt the enhanced supervisory
procedures. The second change is to the language in the Notice
describing the enhanced capital component to change the requirement for
Forex Dealer Members (``FDMs'') from a fixed amount to 150 percent of
their capital requirement to cover recent changes to capital
requirements and to make the provision more flexible in addressing
future changes to capital requirements.

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

    NFA has prepared statements concerning the purpose of, and basis
for, the proposed rule change, burdens on competition, and comments
received from members, participants, and others. The text of these
statements may be examined at the places specified in Item IV below.
These statements are set forth in Sections A, B, and C below.

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

1. Purpose
    Section 15A(k) of the Act \5\ makes NFA a national securities
association for the limited purpose of regulating the activities of NFA
Members (``Members'') who are registered as brokers or dealers under
Section 15(b)(11) of the Act.\6\ NFA's Interpretive Notice entitled
``Compliance Rule 2-9: Enhanced Supervisory Requirements'' applies to
all Members who meet the criteria in the Interpretive Notice and could
apply to Members registered under Section 15(b)(11).
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    \5\ 15 U.S.C. 78o-3(k).
    \6\ 15 U.S.C. 78o(b)(11).
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    NFA's Board of Directors first adopted the Notice in January 1993.
It requires a Member to undertake enhanced supervisory requirements if
its sales force includes a specified number of individuals who have
worked at Disciplined Firms, or if a principal of the firm has been a
principal of another firm that has been subject to the enhanced
supervisory requirements, or, under certain circumstances, when a
Member becomes subject to a disciplinary action.
    The Board has amended the Notice from time to time based on various
changes affecting the membership and on practical lessons learned from
administering the Notice. Over the past several years, the Board has
recognized that some APs who were counted as having worked at a
Disciplined Firm under the original version of the Notice had personal
employment histories that indicated that they posed no more risk to the
public than the AP population at large. The Board recognized that
employers may be wary of hiring such individuals despite years of
Associate membership without disciplinary problems. This is
particularly true with small firms, where hiring one of these
individuals might trigger the enhanced supervisory procedures and
require the firm to apply for a waiver. In addition, some firms are
simply loath to hire any individual who would be counted as having come
from a Disciplined Firm, even if doing so would not trigger the
enhanced supervisory procedures.
    Currently, the Notice provides for two types of exemptions, which
focus on an AP's length of employment at a Disciplined Firm (i.e., less
than sixty days) and the time since an AP has been employed at a
Disciplined Firm (i.e., more than ten years). The Board decided to
grant relief to these defined groups because staff's analysis showed
that given their background they pose minimal risk. With regard to the
second type of exemption, the Notice currently provides that APs are
exempt from being counted as having worked at a Disciplined Firm if:
(1) They worked at only one Disciplined Firm; (2) that employment
terminated more than ten years ago; (3) they have not personally been
subject to a disciplinary action by NFA or the CFTC; (4) they have been
registered as APs and Associate Members of NFA for eight of the last
ten years; and (5) since working for the Disciplined Firm they have not
worked for any other firm that has been subject to a sales practice
action.
    In practice, this latter condition acts as a de facto perpetual bar
to receiving the exemption even if the AP's employment at the second
firm subject to a sales practice action also occurred many years in the
past.
    The NFA performed an analysis of the effect of applying a ten-year
time limit not only to the length of time since an AP was employed at a
Disciplined Firm but also to the condition that the AP not work at a
firm that had a sales practice action since being employed at the
Disciplined Firm. This analysis showed that the current exemption could
prudently be revised to include APs who met the other existing
criteria, and who had worked more than ten years ago at a firm that was
subject to a sales practice action. This change would afford this
exemption to approximately 85 additional individuals who, based upon
their employment histories, do not appear to pose any greater risk of
using fraudulent sales tactics than the general population of APs.\7\
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    \7\ There are more than 13,000 individuals who have ever worked
as an AP at a Disciplined Firm. Approximately 2,100 of those
individuals are exempted from having to be included in a firm's
calculation of whether it has triggered enhanced supervision under
the current exemptions provided for in the Notice.

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    Excluding these APs from the calculation that triggers a firm's
obligation to comply with the enhanced supervisory procedures is
consistent with the reasoning behind the existing exemptions.
Ultimately, the proposed expanded exemption would have the effect of
removing some non-problematic individuals and Member firms from the
waiver process.
    The Notice also provides that one of the enhanced supervisory
requirements is an increased adjusted net capital (``ANC'') level. The
Notice currently provides that FDMs that are required to undertake the
enhanced supervisory requirements are obligated to maintain ANC of at
least $2,000,000. When the Board adopted that provision, FDMs that were
not subject to the enhanced supervisory requirements had a minimum ANC
of $1,000,000. However, revisions to NFA Financial Requirements Section
11 in December 2007 raised the required minimum level of ANC for all
FDMs to $5,000,000, thus rendering the $2,000,000 requirement
irrelevant. Furthermore, the CFTC Reauthorization Act of 2008 further
increases the ANC for FDMs, phasing in the increase to an eventual $20
million.
    The proposed revisions to the enhanced supervisory requirements
would reinstate an increased ANC level for FDMs and make the provision
more flexible in addressing future changes. These revisions tie the
enhanced ANC level for FDMs to the early warning requirement under CFTC
rules, which is currently 150 percent of the required ANC.
    Under the proposal (and assuming the CFTC's early warning
percentage remains unchanged), a triggering FDM would currently have to
maintain an enhanced ANC of $7,500,000, increasing to $30,000,000 as
the minimum ANC for FDMs increases from $5,000,000 to $20,000,000 over
the next year. This revision would not only have the effect of bringing
the current enhanced ANC obligation into harmony with the revisions
made to NFA Financial Requirements Section 11 in December 2007, it
would also keep the obligation in harmony with any future changes to
the level of ANC required of FDMs without requiring further amendments
to the Notice.
    Amendments to the Notice were previously filed in SR-NFA-2001-01,
SR-NFA-2002-07, SR-NFA-2003-01, SR-NFA-2005-01, SR-NFA-2006-01, SR-NFA-
2007-03, and SR-NFA-2007-07.
2. Statutory Basis
    The rule change is authorized by, and consistent with, Section
15A(k)(2)(B) of the Act.\8\ That Section requires NFA to have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest, including rules
governing sales practices and advertising of security futures products.
The proposed rule change accomplishes this by imposing enhanced
supervisory requirements on firms at risk for sales practice fraud, and
the proposed rule change makes technical amendments to conform the
Notice to NFA's experience with the rule and to upcoming changes to the
capital requirements.
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    \8\ 15 U.S.C. 78o-3(k)(2)(B).
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    This proposed rule change is not designed to regulate, by virtue of
any authority conferred by the Act, matters not related to the purposes
of the Act or the administration of the association. To the extent that
this proposal regulates activities and transactions other than security
futures, the authority for regulating those activities and transactions
comes from the Commodity Exchange Act rather than the securities laws.

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

    The changes to the events that trigger application of the rule will
lessen the burden on competition by exempting additional firms and
individuals from the enhanced supervision requirements, which are
imposed on NFA Member firms that hire a significant amount of their
sales force from firms that have been barred from the industry for
sales practice fraud. This part of the rule change should decrease the
number of firms who are subject to the requirements.
    The changes to the capital requirement will impose additional
burdens on firms subject to the rule. However, the primary impetus for
this change is Congressional legislation raising the capital
requirement for firms that act as counterparties to retail off-exchange
foreign currency transactions to an amount far in excess of the
requirement currently set by the rule. While a small number of those
firms may be registered as brokers or dealers under Section 15(b)(11)
of the Act, the capital requirement is based on activities unrelated to
that registration. Furthermore, the Board has considered the burden on
competition and has determined a larger capital requirement is
necessary and appropriate to protect customers from unethical practices
by firms subject to the rule.

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

    NFA did not publish the rule changes to the membership for comment.
NFA did not receive comment letters concerning the rule changes.

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

    On September 18, 2008, the CFTC notified the NFA that it had
determined not to review the proposed rule change and, therefore, NFA
was permitted to make the amendments effective as of this date.\9\ At
any time within 60 days of the date of effectiveness of the proposed
rule change, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19( b)(1) of the Act.
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    \9\ See note 4.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change conflicts with the Exchange 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-NFA-2008-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NFA-2008-02. 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 Section, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 am and 3 pm. Copies of such
filing also will be available for inspection and copying at the
principal office of the NFA. 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-NFA-2008-02 and should be submitted on or before October
29, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(73).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23840 Filed 10-7-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57604-57605]
[FR Doc No: 2015-24240]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-550-000; CP15-551-000; PF15-2-000]

Venture Global Calcasieu Pass, LLC; TransCameron Pipeline, LLC:
Notice of Applications

    Take notice that on September 4, 2015, Venture Global Calcasieu
Pass, LLC (Venture Global) and TransCameron Pipeline, LLC
(TransCameron), 2200 Pennsylvania Ave. NW., Suite 600 West, Washington,
DC 20037, filed in Docket Nos. CP15-550-000 and CP15-551-000 a joint
application pursuant to sections 3 and 7(c) of the Natural Gas Act
(NGA), for authorization to construct, install, own, operate, and
maintain certain pipeline and liquefied natural gas (LNG) facilities
entirely located in Cameron Parish, Louisiana, that comprise the
Venture Global Calcasieu Pass Terminal and TransCameron Pipeline
Project (Project). In the application TransCameron also request a Part
284, Subpart G blanket certificate and Part 157, Subpart F blanket
certificate per regulations of the Federal Energy Regulatory Commission
(FERC or Commission) all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
    The filing may also be viewed on the web at 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, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Fory
Musser, Senior Vice President, Corporate Development, Venture Global
LNG, Inc., 2200 Pennsylvania Ave. NW., Suite 600 West, Washington, DC
20037.
    Specifically, Venture Global and TransCameron propose to site,
construct, own, and operate a new LNG export terminal and to construct,
own, and operate the 23.5-mile-long East Lateral and 19.2-mile-long
West Lateral. The pipelines are designed to deliver approximately
1,900,000 Dth/d of firm transportation service. Project cost for the
pipelines is estimated at $344.5 million and negotiated rates are
proposed. The requested order date and proposed pre-commercial in-
service date are September 1, 2016 and July 1, 2019 respectively.
    On October 7, 2014, the Commission staff granted Venture Global and
TransCameron request to utilize the Pre-Filing Process and assigned
Docket No. PF15-2-000 to staff activities involved in the above
referenced projects. Now, as of the filing of the September 4, 2015
application, the Pre-Filing Process for this project has ended. From
this time forward, this proceeding will be conducted in Docket Nos.
CP15-550-000 and CP15-551-000, as noted in the caption of this Notice.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will issue a Notice
of Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) for this proposal. The
issuance of a Notice of Schedule for Environmental Review will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit five copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in

the proceeding. Only parties to the proceeding can ask for court review
of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit original and five copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5 p.m. Eastern Time on October 9, 2015.

     Dated: September 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24240 Filed 9-23-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36763-36764]
[FR Doc No: 2013-14575]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG13-43-000.
    Applicants: Battery Utility of Ohio, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Battery Utility of Ohio, LLC.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5133.
    Comments Due: 5 p.m. ET 7/2/13.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1569-003; ER12-21-007; ER10-2783-005; ER10-
2784-005; ER11-2855-007; ER10-2791-005; ER10-2792-005; ER10-1564-004;
ER10-1565-004; ER10-2795-005; ER10-2798-005; ER10-1575-003; ER10-2799-
005; ER10-2801-005; ER11-3727-004; ER10-1566-004; ER12-2413-003; ER11-
2062-004; ER10-1291-005; ER10-2812-004; ER10-2843-003; ER11-4307-004;
ER12-1711-004; ER10-2846-005; ER12-261-003; ER10-2871-003; ER13-1136-
002; ER10-2875-005; ER10-1568-004; ER10-1581-006; ER10-2876-005; ER10-
2878-005; ER10-2879-005; ER10-2880-005; ER10-2888-005; ER10-2896-005;
ER10-2913-005; ER10-2914-005; ER10-2916-005; ER10-2915-005; ER12-1525-
004; ER12-2019-003; ER12-2398-003; ER10-1582-003; ER11-3459-003; ER10-
2931-005; ER10-2969-005; ER11-4308-004; ER10-1580-006; ER11-2856-007;
ER11-2857-007; ER10-2947-005; ER11-2504-003; ER11-2505-003; ER11-2864-
003; ER11-2506-003; ER11-2508-003; ER12-2137-003; ER11-2510-003; ER12-
2545-003; ER11-2863-003; ER11-2854-003; ER11-2513-003; ER11-2515-003;
ER11-2742-003; ER11-2784-003; ER11-2805-003; ER10-3143-006.
    Applicants: NRG Power Marketing LLC, NRG Power Marketing LLC, Agua
Caliente Solar, LLC, Arthur Kill Power LLC, Astoria Gas Turbine Power
LLC, Avenal Park LLC, Bayou Cove Peaking Power LLC, Big Cajun I Peaking
Power LLC, Cabrillo Power I LLC, Cabrillo Power II LLC, Conemaugh Power
LLC, Connecticut Jet Power LLC, Cottonwood Energy Company, LP , Devon
Power LLC, Dunkirk Power LLC, El Segundo Energy Center LLC, El Segundo
Power,

LLC, Energy Alternatives Wholesale, LLC, Energy Plus Holdings LLC,
GenCon Devon LLC, GenCon Energy LLC, GenCon Middletown LLC, Green
Mountain Energy Company, High Plains Ranch II, LLC, Huntley Power LLC,
Independence Energy Group LLC, Indian River Power LLC, Ivanpah Master
Holdings, LLC, Keystone Power LLC, Long Beach Generation LLC, Long
Beach Peakers LLC, Louisiana Generating LLC, Middletown Power LLC,
Montville Power LLC, NEO Freehold-Gen LLC, Norwalk Power LLC, NRG
Energy Center Dover LLC, NRG Energy Center Paxton LLC, NRG New Jersey
Energy Sales LLC, NRG Rockford LLC, NRG Rockford II LLC, NRG Solar
Alpine LLC, NRG Solar Avra Valley LLC, NRG Solar Borrego I LLC, NRG
Solar Blythe LLC, NRG Solar Roadrunner LLC, NRG Sterlington Power LLC,
Oswego Harbor Power LLC, Reliant Energy Northeast LLC, Saguaro Power
Company, A Limited Partnership, Sand Drag LLC, Sun City Project, Vienna
Power LLC, GenOn Bowline, LLC, GenOn Canal, LLC, GenOn Chalk Point,
LLC, GenOn Delta, LLC, GenOn Energy Management, LLC, GenOn Florida, LP,
GenOn Kendall, LLC, GenOn Marsh Landing, LLC, GenOn Mid-Atlantic, LLC,
GenOn Potomac River, LLC, GenOn Power Midwest, LP, GenOn REMA, LLC,
GenOn West, LP, GenOn Wholesale Generation, LP, RRI Energy Services,
LLC, Sabine Cogen, LP.
    Description: Notice of Non-Material Change in Status of NRG Power
Marketing LLC, et al.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5148.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER12-1653-003.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO refiling of Order No 755 tariff revisions to set
effective date to be effective 6/26/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5132.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1662-000.
    Applicants: Electric Energy, Inc.
    Description: Modification No. 23 to be effective 6/1/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5114.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1663-000.
    Applicants: Southern California Edison Company.
    Description: Revised Added Facilities Rate for Agmts under WDAT to
be effective 1/1/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5116.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1664-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 06-11-13 MISO name change filing.v2 to be effective 6/
1/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5121.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1665-000.
    Applicants: Novo BioPower LLC.
    Description: Novo Biopower, LLC Market-Based Rate Tariff Initial
Filing to be effective 7/1/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5123.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1666-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Serv Agmt with Chevron Products
Company to be effective 5/11/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5124.

    Comments Due: 5 p.m. ET 7/2/13.
    Docket Numbers: ER13-1667-000.
    Applicants: Battery Utility of Ohio, LLC.
    Description: Application for Market-Based Rate Authorization to be
effective 8/11/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5130.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1668-000.
    Applicants: PCF2, LLC.
    Description: Notice of Cancellation to be effective 6/12/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5134.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1669-000.
    Applicants: Calpine Power America--OR, LLC.
    Description: Notice of Cancellation to be effective 6/12/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5135.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER13-1670-000.
    Applicants: CES Marketing V, LLC.
    Description: Notice of Succession to be effective 6/12/2013.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5136.
    Comments Due: 5 p.m. ET 7/2/13.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES13-23-000.
    Applicants: New Hampshire Transmission, LLC.
    Description: New Hampshire Transmission, LLC's Amendment to May 7,
2013 Application for Authorization to Issue Long-Term Debt Securities
under Section 204.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5145.
    Comments Due: 5 p.m. ET 6/21/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 12, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-14575 Filed 6-18-13; 8:45 am]
BILLING CODE 6717-01-P


Verner Liipfert Bernhard

McPherson and Hand, Chartered

901 15th Street, N.W., Suite 700

Washington, D.C.  20005

202-371-6030

	Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037

202-663-8060

December 14, 2001

Via electronic submission

Mr. Paul L. Gretch

Director, Office of International Aviation

U.S. Department of Transportation

400 Seventh Street, S.W., Room 6402

Washington, D.C.  20590

RE:	30-Day Notice of Delta Air Lines, Inc. ("Delta") and

Aerovias de Mexico, S.A. de C.V. ("Aeromexico")

(Intra-U.S. codesharing), Docket OST-97-3289

Dear Mr. Gretch:

Pursuant to Order 99-6-6, Delta and Aeromexico hereby notify the Department that, beginning on or about January 14, 2002, Delta will display Aeromexico's "AM" designator code on flights operated by Delta between Salt Lake City and Denver.

Respectfully submitted,

/s/							/s/

William C. Evans

Verner Liipfert Bernhard

McPherson and Hand, Chartered

901 15th Street, NW, Suite 700

Washington, D.C.  20005

202-371-6030

Robert E. Cohn

Alexander Van der Bellen

ShawPittman LLP

2300 N Street, NW

Washington, D.C.  20037

202-663-8060

Counsel for

Aerovias de Mexico, S.A. de C.V.

Counsel for

Delta Air Lines, Inc.

cc: Jonathan Echmalian

Footnote continued from previous page

Footnote continued on next page


[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2640-2641]
[DOCID:fr15ja09-150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59219; File No. SR-NASDAQ-2008-099]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Temporary Suspension of the Continued Listing Requirements
Related to Bid Price and Market Value of Publicly Held Shares for
Listing on the Nasdaq Stock Market Through April 19, 2009

January 8, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 18, 2008, The NASDAQ Stock Market LLC
(``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Nasdaq. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq proposes to extend the temporary suspension of the
application of the continued inclusion bid price and market value of
publicly held shares requirements for listing on the Nasdaq Stock
Market through April 19, 2009.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On October 16, 2008, Nasdaq filed a proposed rule change, which was
immediately effective, to temporarily suspend the bid price \4\ and
market value of publicly held shares \5\ continued listing requirements
otherwise applicable to issuers of common stock, preferred stock,
secondary classes of common stock, shares or certificates of beneficial
interest of trusts, limited partnership interests, American Depositary
Receipts, and their equivalents.\6\ This suspension is currently
scheduled to last until January 16, 2009, to provide temporary relief
to companies from the application of these requirements during a period
in which the financial markets face almost unprecedented turmoil,
resulting in a crisis in investor confidence and concerns about the
proper functioning of the securities markets.\7\
---------------------------------------------------------------------------

    \4\ Nasdaq's continued listing requirements relating to bid
price are set forth in Rules 4310(c)(4), 4320(e)(2)(E)(ii),
4450(a)(5), 4450(b)(4), and 4450(h)(3) and the related compliance
periods are set forth in Rules 4310(c)(8)(D), 4320(e)(2)(E)(ii), and
4450(e)(2). Under these rules, a security is considered deficient if
it fails to achieve at least a $1 closing bid price for a period of
30 consecutive business days. Once deficient, Capital Market issuers
are provided one automatic 180-day period to regain compliance.
Thereafter, these issuers can receive an additional 180-day
compliance period if they comply with all Capital Market initial
inclusion requirements except bid price. Global Market issuers are
also provided one automatic 180-day period to regain compliance,
after which they can transfer to the Capital Market, if they comply
with all Capital Market initial inclusion requirements except bid
price, to take advantage of the second 180-day compliance period. A
company can regain compliance by achieving a $1 closing bid price
for a minimum of ten consecutive business days.
    \5\ Nasdaq's continued listing requirements relating to market
value of publicly held shares are set forth in Rules 4310(c)(7),
4320(e)(5), 4450(a)(2), 4450(b)(3) and 4450(h)(2) and the related
compliance periods are set forth in Rules 4310(c)(8)(B) and
4450(e)(1). Under these rules, a security is considered deficient if
it fails to achieve the minimum market value of publicly held shares
requirement for a period of 30 consecutive business days.
Thereafter, companies have a compliance period of 90 calendar days
to achieve compliance by meeting the applicable standard for a
minimum of ten consecutive business days.
    \6\ Securities Exchange Act Release No. 58809 (October 17,
2008), 73 FR 63222 (October 23, 2008) (SR-NASDAQ-2008-082). One
comment was submitted on this proposal by Alan F. Eisenberg,
Executive Vice President, the Biotechnology Industry Organization.
This comment supported the suspension and ``any efforts by the
Commission and NASDAQ to extend [the suspension], as necessary,
beyond the termination date of January 16, 2009.''
    \7\ See, e.g., Securities Exchange Act Release No. 58588
(September 18, 2008), 73 FR 55174 (September 24, 2008) (``The
Commission is aware of the continued potential of sudden and
excessive fluctuations of securities prices and disruption in the
functioning of the securities markets that could threaten fair and
orderly markets. Given the importance of confidence in our financial
markets as a whole, we have also become concerned about sudden and
unexplained declines in the prices of securities. Such price
declines can give rise to questions about the underlying financial
condition of an issuer, which in turn can create a crisis of
confidence without a fundamental underlying basis. This crisis of
confidence can impair the liquidity and ultimate viability of an
issuer, with potentially broad market consequences.'').
---------------------------------------------------------------------------

    Market conditions have not improved since the suspension began and,
in fact, both the number of securities trading below $1 and the number
of securities trading between $1 and $2 on Nasdaq has increased. Nasdaq
continues to believe that there was no fundamental change in the
underlying business model or prospects for many of these companies, and
that a decline in general investor confidence has resulted in depressed
pricing for companies that otherwise remain suitable for continued
listing. These same conditions continue to make it difficult for
companies to successfully implement a plan to regain compliance with
the price or market value of publicly held shares tests.
    Given these extraordinary market conditions, Nasdaq has determined
that it is appropriate to continue the temporary suspension of the bid
price and market value of publicly held shares requirements for an
additional three months, until April 19, 2009. Under this proposal,
companies would not be cited for new bid price or market value of
publicly held shares deficiencies during the suspension period, and the
time allowed to companies already in a compliance period or in the
hearings process for bid price or market value of publicly held shares
deficiencies would remain suspended with respect to those
requirements.\8\ Following the temporary suspension, any new
deficiencies with the bid price or market value of publicly held shares
requirements would be determined using data starting on April 20,
2009.\9\ When the suspension expires, companies that were in a
compliance period as of October 16, 2008, when the suspension first
began, would receive the balance of any pending compliance

periods in effect at the time of the initial suspension.\10\ Similarly,
companies that were in the Hearings process prior to October 16, 2008,
would resume in that process at the same stage they were in when the
suspension first went into effect. Nasdaq will continue to monitor
securities to determine if they regain compliance during the temporary
suspension.
---------------------------------------------------------------------------

    \8\ Nasdaq would continue to identify on its Web site and in its
daily data feed to vendors those companies in a compliance period or
in the hearings process as not satisfying the continued listing
standards, unless the company regains compliance during the
suspension. A company would continue to be subject to delisting for
failure to comply with other listing requirements.
    \9\ Nasdaq would not consider the bid price or market value of
publicly held shares for the period before or during the suspension
with respect to a company that was not yet non-compliant with those
requirements at the start of the suspension.
    \10\ For example, if a company was 120 days into its first 180-
day compliance period for a bid price deficiency when the suspension
first started and the company does not regain compliance during the
suspension, the company would have sixty days remaining, starting on
April 20, 2009, to regain compliance. The company may be eligible
for the second 180-day compliance period if it satisfies the
conditions for the second compliance period at the conclusion of the
first compliance period.
---------------------------------------------------------------------------

    Nasdaq believes that extending the temporary suspension will permit
companies to continue focusing on running their businesses, rather than
satisfying market-based requirements that are largely beyond their
control in the current environment. Moreover, this extension will allow
investors to buy shares of some of these lower-priced securities
without fear that the company will receive a delisting notification or
be delisted in the very near term.\11\ Nasdaq will continue to monitor
market conditions and consider whether it is appropriate to further
extend the suspension.
---------------------------------------------------------------------------

    \11\ As noted above, following the suspension, companies
presently in the compliance process will remain at that same stage
of the process.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\12\ in general and with
Sections [sic] 6(b)(5) of the Act,\13\ 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change is designed to remove uncertainty regarding the ability of
companies to remain listed on Nasdaq during this especially turbulent
market environment, thereby protecting investors, facilitating
transactions in securities, and removing an impediment to a free and
open market.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in 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

    While written comments were not solicited about the proposed
extension, there was one comment submitted by the Biotechnology
Industry Organization on the original suspension of the bid price and
market value of publicly held shares requirements, which supported the
extension. That comment is described in footnote 6, above.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \14\ and
Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
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 requested that the Commission waive the 5-day pre-
filing notice requirement. The Commission has determined to waive
this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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-NASDAQ-2008-099 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-NASDAQ-2008-099.
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-NASDAQ-2008-099 and should be submitted on or before
February 5, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E9-778 Filed 1-14-09; 8:45 am]

BILLING CODE 8011-01-P


 MEMORANDUM

TO:	Dockets for rulemaking, "Surface Coating of Large Appliances (Subpart NNNN)" (EPA-HQ-OAR-2017-0670) DATE:		December 4, 2018 SUBJECT:	Economic Impact and Small Business Screening Assessments for Amendments to the National Emission Standards for Hazardous Air Pollutants for the Surface Coating of Large Appliances (Subpart NNNN)

Introduction        This document summarizes economic impact and small business screening assessments for the amendments to the National Emission Standards for Hazardous Air Pollutants for the Surface Coating of Large Appliances (40 CFR part 63, Subpart NNNN) based on the residual risk and technology review. The costs estimated for the amendments to subpart NNNN are associated with familiarization with the rule requirements and changes to the Startup, Shutdown, and Malfunction (SSM) requirements for all ten affected entities. Facilities will be required to meet the standards during startup, shutdown and malfunction and use the electronic reporting tool for annual reports, performance testing, and notifications. A discussion of the regulatory options evaluated and their detailed cost estimates is provided in the November 28, 2018, technical memorandum entitled "Updated Costs/Impacts of the Proposed 40 CFR Part 63 Subparts NNNN, OOOO and RRRR Monitoring Review Revisions," available in the docket.

Costs of the Amendments

This rule will require that the emission standards be met at all times, including during startup, shutdown, and malfunction, and will require the use of the electronic reporting tool for annual reports, performance testing, and notifications. The burden associated with this rule is the recordkeeping requirement for startup, shutdown, and malfunction, and the requirement that facilities use the electronic reporting tool. While the electronic reporting requirement is expected to be no more burdensome than the current reporting requirement, there are costs associated with becoming familiar with the rule requirements and electronic reporting system, as well as re-evaluating previously developed SSM record systems. The one-time total cost (in 2016$) of this rule is estimated to be $23,000 for the ten affected entities in 2019.

Economic Impacts

Economic impact analyses focus on changes in market prices and output levels. If changes in market prices and output levels in the primary markets are significant enough, impacts on other markets may also be examined. Both the magnitude of costs needed to comply with a rule and the distribution of these costs among affected facilities can have a role in determining how the market will change in response to a rule. For the purpose of analyzing the impact on firms, the per-facility costs for familiarization with the rule requirements and changes to the SSM requirements were compared to the annual sales revenue for the ultimate owner of the affected facilities to estimate the total burden for each ultimate owner. The ten affected facilities are owned by six different parent companies, and the total costs associated with Subpart NNNN's requirements range from 0.000002 to 0.02 percent of annual sales revenues per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms.

The EPA prepared a small business screening assessment to determine if any of the identified affected entities are small entities, as defined by the U.S. Small Business Administration (SBA). The affected facilities that perform surface coating of large appliances fall into one of the following North American Industry Classification System (NAICS) codes: 332313, Plate Work Manufacturing; 333413, Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing; 333415, Air‑Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing; or 335220, Major Household Appliance Manufacturing. The SBA defines small entities in these NAICS codes as having 750 or fewer employees, 500 or fewer employees, 1,250 or fewer employees, or 1,500 or fewer employees, respectively. One of the affected facilities was identified as a small entity, but as the costs associated with Subpart NNNN's requirements are 0.02 percent of that facility's annual sales revenue, there are no significant economic impacts on a substantial number of small entities (SISNOSE) from these amendments.


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5287-5291]
[FR Doc No: 2014-01903]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0885; FRL--9906-03-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Approval of Texas Motor Vehicle Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting direct
final approval of revisions submitted by the State of Texas that affect
the Texas State Implementation Plan (SIP) concerning Texas' motor
vehicle air pollution rules. Based upon the State's submitted Texas
clean fuel fleet (TCFF) program equivalency demonstration that the new
Tier 2 and 2007 heavy-duty diesel vehicles and engines meet or exceed
the LEV requirement, we are approving the removal of the TCFF program's
repealed low emission vehicle (LEV) rules and mobile emission reduction
credit (MERC) rules from the Texas SIP. We also are approving the
removal of the Transportation Control Measures (TCM) substitution
repealed rules from the Texas SIP. We are approving as part of the SIP
a new Texas Clean Fleet (TCF) program, with submitted revisions, to
incentivize replacement of diesel vehicles and engines with
alternatively fueled vehicles and engines, including hybrids.

DATES: This rule is effective on April 1, 2014 without further notice,
unless EPA receives relevant adverse comment by March 3, 2014. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0885, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
    .  Email: John Walser at<EMAIL_ADDRESS>     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0885. 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 the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email 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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should 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.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning
Section, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittals

III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    This action covers four separate submittals by the State of Texas.
These include the State's repeal of its TCFF LEV rules (May 15, 2006);
repeal of the TCFF MERC rules, and TCM substitution rule (July 25,
2007); new Texas Clean Fleet (TCF) rules (March 25, 2010); and
revisions to the new TCF rules (April 13, 2012). These revisions
address Title 30 of the Texas Administrative Code, Chapter 114 (denoted
as 30 TAC 114), which provides for Control of Air Pollution from Motor
Vehicles in Texas.
    Repeal of the TCFF Low-Emission Vehicle Rules. Texas adopted LEV
fleet rules to meet, in part, the federal Clean Fuel Fleet program
(CFFP) requirements. The federal CFFP requirement is contained in the
Clean Air Act (CAA), as amended November 15, 1990. The CAA requires
certain States to adopt and submit to EPA SIP revisions containing a
CFFP for nonattainment areas with 1980 populations greater than 250,000
that are classified as serious or worse for ozone, or which have a
design value of at least 16.0 ppm for carbon monoxide (CO). Section
182(c)(4) of the CAA, 42 U.S.C. 7511a(c)(4), allows States to opt-out
of the federal CFFP by submitting, for EPA approval, a SIP revision
consisting of a substitute program resulting in as much or greater long
term emissions reductions in ozone-producing and toxic air emissions as
the federal CFFP. In Texas, four 1-hour ozone nonattainment areas were
classified as serious and above and were required to implement a CFFP:
the Houston/Galveston/Brazoria Severe 1-hour ozone nonattainment area;
the Dallas/Fort Worth Serious 1-hour ozone nonattainment area; the El
Paso Serious 1-hour ozone nonattainment area; and the Beaumont/Port
Arthur Serious area that has been found to meet the 1-hour ozone
standard and redesignated to attainment for the 1997 8-hour ozone
standard \1\.
---------------------------------------------------------------------------

    \1\ On October 20, 2010 (75 FR 64675), EPA approved as part of
the BPA SIP, a Texas CFFP Program Equivalency Demonstration. This
demonstration showed that relying upon EPA's data, beginning with
the 2006 model year, Tier 2 Light-Duty Vehicles (LDVs), Light-Duty
Trucks (LDTs 1-4), and Medium Duty Passenger Vehicles (MDPVs)
certified to certain Tier 2 bin standards, to be equivalent to or
more stringent than the CFFP program LEV emission standards. In
addition, Texas demonstrated that Tier 2 LDVs, LDTs 1-4, and MDPVs
certified to other Tier 2 bin standards, are equivalent to or more
stringent than the CFFP program LEV emission standards. Texas
performed a similar analysis, showing that standards for 2006 and
later model years for Otto cycle and diesel heavy-duty vehicles
ranging from 8501-14,000 Gross Vehicle Weight Rating are more
stringent than the CFFP program LEV emissions standards for these
vehicles.
---------------------------------------------------------------------------

    For the Houston, Dallas, and El Paso areas, Texas complied with the
federal CFFP requirement by opting to implement a substitute program.
We approved a substitute program for these three areas as part of the
Texas SIP on February 7, 2001 (66 FR 9203). The SIP's substitute
program covers transit, local government and private fleets. It
requires transit fleets to ensure that at least 50% of their fleet
vehicles are certified to meet or exceed the LEV standards. In
addition, local government and private fleets after September 1, 1998,
have to ensure that certain percentages of their vehicle purchases be
certified by EPA as LEVs. To make up the shortfall in emissions, the
SIP relies upon excess emission reductions from state mandated
reductions of VOC from transfer operations at gasoline terminals in
nonattainment areas, and NOX reductions from electric
generating facilities. In this submittal, Texas has submitted its
repeal of the LEV fleet portion of the TCFF program accompanied by an
equivalency demonstration. The remaining substitute program emission
reductions remain in place in state law and in the Texas SIP.
    Motor Vehicle Emission Reduction Credit Rules, and Transportation
Control Measures Substitution Rules. The July 25, 2007 submittal
contains revisions to 30 TAC 114: Control of Air Pollution from Motor
Vehicles in three specific areas: Repeal of the TCM substitution
program; repeal of the MERC program portion of the TCFF program and
associated fund and definitions; and repeal of the Light-duty Motor
Vehicle Purchase or Lease Incentive Program Vehicle Emissions
Information Brochure requirement for manufacturers rule (Sec.
114.618). The State of Texas accidentally submitted this brochure
repeal since this particular Program is not part of the SIP;
consequently, we are returning it to the State.\2\
---------------------------------------------------------------------------

    \2\ The State has confirmed that it never submitted the original
Light-duty Motor Vehicle Purchase or Lease Incentive Program for
approval into the SIP. This Program was never relied upon for any
SIP credits or to meet any CAA requirement. Because this Program is
not part of the SIP and has never been relied upon, the submitted
repeal of a brochure requirement for this Program clearly was an
inadvertent error by the State.
---------------------------------------------------------------------------

    Repeal of the TCM substitution program. Regulations to implement
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (January 24, 2008, 73 FR 4420) added a
provision to the CAA to allow states to substitute or add TCMs into
approved SIPs without the standard SIP revision process. Thus, states
are no longer required to include a TCM substitution mechanism in their
SIPs. The submitted revision includes the repeal of 30 TAC 114.270(f):
The TCM substitution program.
    Repeal of the TCFF MERC program. The TCFF MERC program was approved
into the SIP as an element of the TCFF program on February 7, 2001 (66
FR 9203). The TCFF MERC program is unrelated and separate from the
Mobile Emission Reduction Credit Generation and Certification program
found in 30 TAC 101.304 which regulates MERCs that are generated under
the state's banking and trading program.
    In 2005, the Texas Legislature enacted Senate Bill (SB) 1032, which
repealed the TCFF program but for the VOC rules governing transfer
operations at gasoline terminals and the NOX rules governing
electric generating facilities. With the repeal of the TCFF program,
the TCFF MERC program, the TCFF MERC fund, and associated definitions
are no longer relevant. These repealed rules are found in the SIP rules
at Chapter 114, Subchapter A--Definitions, and Subchapter F--Vehicle
Retirement and Mobile Emission Reduction Credits; Division 1: Mobile
Emission Reduction Credits.
    New Texas Clean Fleet (TCF) Rules and Revisions. On March 25, 2010,
the TCEQ submitted revisions to 30 TAC 114: Control of Air Pollution
from Motor Vehicles, establishing a new, voluntary state grant program
called the Texas Clean Fleet (TCF) Program. The revisions implement SB
1759, adopted by the 81st Legislature (2009, Regular Session) which
created the TCF program. This program is designed to encourage eligible
entities to replace on-road diesel-powered vehicles with vehicles
powered by fuels other than gasoline or diesel. The TCF Program
provides incentives to owners of large fleets in Texas to replace on-
road diesel-powered vehicles with alternative fuel vehicles including
hybrids. The TCF is a program under the umbrella of the Texas Emission
Reduction Plan (TERP), which provides financial incentives to eligible
individuals, businesses or local governments to reduce emissions from
polluting vehicles and equipment.
    The April 13, 2012 submittal makes revisions to the TCF program,
including, but not limited to, the eligibility criteria and disposition
of the replaced vehicles.

II. Analysis of the State's Submittals

    For a detailed analysis of these submittals, see the Technical
Support Document that accompanies this action.

The TSD may be accessed online at http://www.regulations.gov, Docket
No. EPA-R06-OAR-2006-0885.
    The LEV rules portion of the TCFF program was repealed by the state
and in the submittal requesting removal of these LEV rules from the
SIP, the State demonstrates federal emission standards now are more
stringent than the emission standards for low emission vehicles (LEV)
established under the TCFF program. We can approve the removal of the
TCFF program's associated repealed LEV rules from the Texas SIP because
the submitted equivalency demonstration shows the new Tier 2 and 2007
heavy-duty diesel vehicles and engines meet or exceed the LEV
requirement. See the TSD for further technical information about the
equivalency demonstration. In addition, the State continues to meet the
CAA requirement for a CFF program by retaining the emission reductions
from stationary sources for NOX and VOCs from the substitute
program that more than cover all emission requirements for the entire
TCFF program. The TCFF repealed MERC program, its MERC fund, and
associated definitions, which also are in the SIP, are intertwined with
the SIP's TCFF Program. The part D SIPs for the Texas ozone
nonattainment areas did not rely upon any emissions reductions credits
from the TCFF program and its associated MERC program in the attainment
demonstrations or to meet reasonable further progress. We are approving
the removal of the TCFF Program's repealed LEV rules and the TCFF
Program's associated repealed rules for the MERC program, fund, and
definitions from the Texas SIP. The repealed rules that are removed
from the SIP are 30 TAC 114.4, and 30 TAC 114.201 and 114.202.
    The EPA revised the transportation conformity rule (40 CFR parts 51
and 93) on January 24, 2008, to address the transportation conformity-
related CAA amendments made by SAFETEA-LU (73 FR 4420). In addition to
amendments to the transportation conformity provisions, the SAFETEA-LU
added a provision to the CAA that allows states to substitute or add
TCMs into approved SIPs without the standard SIP revision process; see
section 176(c)(8) of the Act and 40 CFR 93.101. Under this Clean Air
Act provision, states are no longer required to include a TCM
substitution mechanism in their SIPs in order to expedite the process
for making TCM substitutions. The provision also provides a streamlined
process for adding TCMs to an approved SIP. EPA determined that it was
not necessary to promulgate regulations in order to successfully
implement the TCM substitution and additional statutory provision (73
FR 4420, 4432). See EPA's Guidance for Implementing the Clean Air Act
Section 176(c)(8) Transportation Control Measure Substitution and
Addition Provision.\3\ We agree with the state that the change to the
CAA requirements made by the SAFETEA-LU in 2008 renders a state TCM
substitution program unnecessary. Therefore, we are approving the
removal of the Texas repealed TCM substitution Program and its
associated repealed rules from the Texas SIP. Texas now will rely
solely on the federal statute for future actions. The repealed rule
that is removed from the SIP is 30 TAC 114.270(f).
---------------------------------------------------------------------------

    \3\ The guidance is posted at http://www.epa.gov/oms/stateresources/transconf/policy/420b09002.pdf. The document ID
number is EPA-420-B-09-002, January 2009.
---------------------------------------------------------------------------

    Because the submitted TCF program is a voluntary financial
incentive program encouraging the replacement of large fleets of on-
road diesel power engines with vehicles using fuels other than gasoline
or diesel, to evaluate it, we used the EPA Guidance: Improving Air
Quality with Economic Incentive Programs (EIP). An EIP achieves an air
quality objective by providing market-based incentives or information
to emission sources. Three fundamental principles apply to all
approvable economic incentive programs: integrity, equity, and
environmental benefit. Our analysis showed that the provisions of this
new, voluntary incentive program, and the subsequent revisions, meet
the three fundamental principles for an acceptable incentive program,
and provide a framework for achieving emission reductions. See the TSD
for the further analysis. If TCEQ includes emission reductions from
this program in future attainment or RFP SIPs, EPA will evaluate the
amount of reductions it achieves at that time. We are approving the TCF
Program and its associated revisions as part of the Texas SIP. The
rules being approved into the SIP are 30 TAC 114.650-114.658.

III. Final Action

    Pursuant to section 110 of the Act, EPA is approving four revisions
to the Texas SIP that were submitted on May 15, 2006; July 25, 2007
(but omitting revision to Sec.  114.618 which was submitted
accidentally and is being returned to the state); March 25, 2010; and
April 13, 2012. We evaluated the State's submittals and determined that
they meet the applicable requirements of the Clean Air Act (CAA)
section 110 and applicable EPA guidance. Approval of these submittals
will not result in any increase in ozone concentrations. In accordance
with CAA section 110(l), these revisions will not interfere with
attainment of the National Ambient Air Quality Standards (NAAQS),
reasonable further progress, or any other applicable requirement of the
CAA. EPA is approving the removal of the TCFF program's LEV and MERC
rules from the Texas SIP. EPA also is approving the removal of the TCM
substitution rules from the Texas SIP. Finally, EPA is approving into
the Texas SIP, the new TCF program and revisions.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on April 1, 2014
without further notice unless we receive adverse comment by March 3,
2014. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR part 52

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

    Dated: January 15, 2014.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR Part 52 is amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270, amend the table in paragraph (c) entitled ``EPA
Approved Regulations in the Texas SIP'' is amended under Chapter 114
(Reg 4)--Control of Air Pollution from Motor Vehicles by:
0
a. Revising the entry for Section 114.1;
0
b. Removing the entry for Section 114.3;
0
c. Removing the centered heading ``Subchapter E--Low Emission Vehicle
Fleet Requirements'' and removing the entries for Sections 114.150,
114.151, and 114.153 thru 114.157;
0
d. Removing the centered heading ``Subchapter F--Vehicle Retirement and
Mobile Emission Reduction Credits'' and removing the centered heading
``Division 1: Mobile Emission Reduction Credits'' and removing the
entries for Sections 114.201 and 114.202;
0
e. Immediately following the entry for Section 114.260, add a new entry
for Section 114.270; and
0
f. Immediately following the entry for 114.648, add a centered heading
for ``Division 5: Texas Clean Fleet Program'' followed by entries for
Sections 114.650 to 114.658.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    Epa Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
          State citation              Title/subject     submittal date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 114.1....................  Definitions........       6/27/2007  1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Subchapter G--Transportation Planning
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 114.270..................  Transportation            6/27/2007  1/31/2014 [Insert
                                    Control Measures.                    FR page number
                                                                         where document
                                                                         begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter K--Mobile Sources Incentive Programs
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
                                      Division 5: Texas Clean Fleet Program
----------------------------------------------------------------------------------------------------------------
Section 114.650..................  Definitions........       3/28/2012  1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 114.651..................  Applicability......       3/28/2012   1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 114.652..................  Qualifying Vehicles       3/28/2012  1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 114.653..................  Grant Eligibility..       3/28/2012  1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 114.654..................  Usage and                 3/28/2012  1/31/2014 [Insert
                                    Disposition.                         FR page number
                                                                         where document
                                                                         begins].
Section 114.655..................  Grant Restrictions.       2/24/2010  1/31/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 114.656..................  Eligible Grant            2/24/2010  1/31/2014 [Insert
                                    Amounts.                             FR page number
                                                                         where document
                                                                         begins].
Section 114.657..................  Reporting                 2/24/2010  1/31/2014 [Insert
                                    Requirements.                        FR page number
                                                                         where document
                                                                         begins].
Section 114.658..................  Implementation            2/24/2010  1/31/2014 [Insert
                                    Schedule.                            FR page number
                                                                         where document
                                                                         begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-01903 Filed 1-30-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]
[Page 28043]
[DOCID:fr12jn09-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-50-000]

Louisiana Public Service Commission Complainant; Notice of
Amended Complaint; Entergy Corporation, Entergy Services, Inc., Entergy
Louisiana, LLC., Entergy Arkansas, Inc., Entergy Mississippi, Inc.,
Entergy New Orleans, Inc., Entergy Gulf States Louisiana, Inc., Entergy
Texas, Inc., Respondents

June 5, 2009.
    Take notice that on June 5, 2009, the Louisiana Public Service
Commission (Complainant) filed an amendment to its May 1, 2009
Complaint, requesting to remove all issues and claims in Paragraphs 32
through 51 which relate to the ``Union Pacific Settlement'' and the
``Texas Rate Freeze Disallowance.'' These issues were resolved in an
Offer of Settlement and Partial Settlement Agreement among all active
parties, who all support the Offer of Settlement filed with the
Commission on May 21, 2009, in Docket No. ER08-1056-000.
    The Complainant states that a copy of the complaint has been served
on the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 25, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13789 Filed 6-11-09; 8:45 am]

BILLING CODE 6717-01-P