[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Notices]
[Page 67901-67905]
[DOCID:fr17no08-98]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28484; 813-365]

Wortham Finance, L.P. et al.; Notice of Application

November 10, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under sections 6(b) and
6(e) of the Investment Company Act of 1940 (the ``Act'') granting an
exemption from all provisions of the Act, except section 9 and sections
36 through 53, and the rules and regulations under the Act. With
respect to sections 17 and 30 of the Act, and the rules and regulations
thereunder, and rule 38a-1 under the Act, the exemption is limited as
set forth in the application.

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Summary of the Application: Applicants request an order to exempt a
vehicle formed for the benefit of certain eligible current employees of
John L. Wortham & Son, L.P. (``Insurance LP'') from certain provisions
of the Act. The vehicle will be an ``employees' securities company'' as
defined in section 2(a)(13) of the Act.

Applicants: Wortham Finance, L.P. (``Finance LP''), JLW Finance, LLC
(``Finance GP''), J. Wortham, LLC (``Insurance GP'') and Insurance LP
(together with any business organization that results solely from a
reorganization of Insurance LP into a different organizational
structure or into an entity organized under the laws of another
jurisdiction, ``Insurance LP''). Insurance LP, Finance LP, Finance GP
and Insurance GP are collectively referred to herein as the ``Firm''.

Filing Dates: The application was filed on April 10, 2007 and amended
on December 5, 2007 and October 30, 2008.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 8, 2008 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F St.,
NE., Washington, DC 20549-1090. Applicants, 2727 Allen Parkway, Suite
2400, Houston, Texas 77109-2115.

FOR FURTHER INFORMATION CONTACT: Shannon Conaty, Senior Counsel, at
(202) 551-6827, or Janet M. Grossnickle, Assistant Director, at (202)
551-6821, (Division of Investment Management, Office of Investment
Company Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Room, 100 F St., NE., Washington, DC
20549-1520 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. Founded in 1915, Insurance LP, a Texas limited partnership, is
the largest

independent insurance broker in Texas with headquarters in Houston and
offices in Addison, Austin, Dallas, Fort Worth and San Antonio.
Insurance LP offers a comprehensive portfolio of services, including
insurance brokerage, claims management, loss control, risk management
consulting, personal life insurance and employee benefits to public and
private companies, professional practices and individuals engaged in an
extensive range of industries. Since its inception, Insurance LP has
been an independent, privately-owned entity. In 1965, Insurance LP was
purchased from its founders, Gus Wortham and other selling founders, by
a new generation of partners, thus beginning a cyclical succession of
ownership that continues today. Prior to December 1, 2003, when an
Insurance LP partner sold all or a portion of his or her partnership
interest in Insurance LP, the Insurance LP Executive Committee (as
defined below) designated either a new or existing partner to buy such
interest. On December 1, 2003, Insurance LP was restructured and two
new limited partnerships were formed, Insurance LP and Finance LP.
    2. Insurance LP conducts the traditional insurance business of the
Firm while Finance LP buys and sells ownership interests in the Firm.
The two new limited partnerships, and the corresponding limited
liability companies created to be the general partners of such limited
partnerships, Insurance GP and Finance GP, are owned directly or
indirectly by each equity partner of the Firm in the same proportion as
their pre-restructuring ownership in Insurance LP. Limited partnership
interests in Insurance LP and membership interests in Insurance GP may
only be transferred together (such interests, the ``Insurance Units'').
Limited partnership interests in Finance LP and membership interests in
Finance GP may only be transferred together (such interests, the
``Finance Units'', and together with the Insurance Units, ``Units'').
    3. Finance LP is a Texas limited partnership. Finance LP operates
as a non-diversified, closed-end management investment company. Finance
LP has been established to facilitate the purchase or sale of Units.
Finance GP, a Texas limited liability company, serves as the sole
general partner of Finance LP. Finance GP has delegated all management
functions for Finance LP to an executive committee (the ``Finance GP
Executive Committee'') composed of managing members of Finance GP
elected by a majority of the individuals and entities which currently
own Units (``Unitholders''). Insurance GP, a Texas limited liability
company, serves as the sole general partner of Insurance LP. Insurance
GP has delegated all management functions for Insurance LP to an
executive committee (the ``Insurance GP Executive Committee'') composed
of managing members of Insurance GP elected by a majority of the
Unitholders. All the members of the Finance GP Executive Committee and
the Insurance GP Executive Committee are Unitholders. The Finance GP
Executive Committee will be the sole manager of Finance LP and make all
investment and other operational decisions for Finance LP. Finance GP
or any person involved in the operation of Finance LP will register as
an investment adviser if required under the Investment Advisers Act of
1940 (``Advisers Act''), or the rules under it.
    4. Unitholders and Eligible Unitholders (as defined below) are
required to buy and sell their Insurance Units and Finance Units
simultaneously. Finance LP is responsible for (a) purchasing Units from
Unitholders, (b) issuing its own promissory notes for such purchases,
(c) selling Units acquired by it to Eligible Unitholders, (d) accepting
promissory notes from Eligible Unitholders purchasing Units, (e)
holding and managing investments in certain marketable securities and
other assets, and (f) handling the administration of such activities.
    5. Units will be offered without registration in reliance on
section 4(2) of the Securities Act of 1933 (the ``Securities Act'') or
Regulation D under the Securities Act, and will be offered solely to
Eligible Unitholders. Eligible Unitholders must be (a) persons who are,
at the time of investment, current employees of Insurance LP (``Wortham
Employees'') but who are not yet Unitholders, (b) persons who are, at
the time of investment, current Wortham Employees and who are
Unitholders, (c) persons who are highly-experienced individual
insurance professionals who laterally join Insurance LP (``Lateral
Partners''), or (d) a limited partnership, corporation or other
business entity all of the voting power of which is controlled by such
Lateral Partners (``Lateral Partner Investment Vehicle''). In order for
a Lateral Partner Investment Vehicle to be an ``Eligible Unitholder'',
it must qualify as either (a) an accredited investor as defined in rule
501(a) of Regulation D or (b) an entity for which a Lateral Partner is
a settlor and principal investment decision-maker.\1\ In order for a
Wortham Employee or Lateral Partner to qualify as an ``Eligible
Unitholder'', that person must be a person who is, at the time of
investment, a current Wortham Employee or Lateral Partner who (a) meets
the standards of an ``accredited investor'' set forth in rule 501(a)(5)
or rule 501(a)(6) of Regulation D under the Securities Act, or (b) is
one of 35 or fewer current Wortham Employees or Lateral Partners who
meets certain requirements (``Category 2 investors'').
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    \1\ If a Lateral Partner Investment Vehicle is an entity other
than a trust, the reference to ``settlor'' shall be construed to
mean a person who created the vehicle, alone or together with
others, and who contributed funds or other assets to the vehicle.
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    6. Each Category 2 investor will be a current Wortham Employee or
Lateral Partner, who meets the sophistication requirements set forth in
rule 506(b)(2)(ii) of Regulation D under the Securities Act and who (a)
has a college education and/or has had a minimum of five years of
business and/or professional experience in the insurance and risk
management industries, and (b) has had compensation of at least $80,000
in the preceding 12 month period, and has a reasonable expectation of
compensation of at least $140,000 in each of the two immediately
succeeding 12 month periods.
    7. Prior to offering Units to an individual, the Insurance GP
Executive Committee and the Finance GP Executive Committee must
reasonably believe that the individual is a sophisticated investor
capable of understanding and evaluating the risks of investing in the
Firm without the benefit of regulatory safeguards.
    8. Finance LP is a financing vehicle intended to create an
opportunity for Eligible Unitholders to become owners in the Firm when
they might not have otherwise been able to make immediate full payment
of the purchase price of the Units. Eligible Unitholders who are
individuals acquire Units by executing a non-recourse 10-year
promissory note bearing interest at prime rate (but not exceeding 10%)
to Finance LP in a face amount equal to (i) a fixed formula price
calculated monthly for the Insurance Units (as determined in accordance
with the terms of the Insurance Units transfer agreement) multiplied by
the total number of Insurance Units purchased and sold plus (ii) a
fixed formula price calculated monthly for the Finance Units (as
determined in accordance with the terms of the Finance Units transfer
agreement) multiplied by the total number of Finance Units purchased
and sold (together, the ``Formula Price''). Eligible Unitholders that
are S corporations contribute their net

insurance brokerage business assets as tax-free contributions to
Insurance LP in exchange for newly issued Units and execute 10-year
promissory notes for any shortfall in their pro-rata share of the
combined equity in the Firm.
    9. Each selling Unitholder currently receives a non-recourse 10-
year prime rate (not to exceed 10%) bearing promissory note in an
amount equal to the Formula Price for the number of Units sold. Through
a credit facility with a local financial institution (the ``Credit
Facility''), Finance LP provides letter of credit enhanced promissory
notes to selling Unitholders in exchange for their Units. All
promissory notes for Eligible Unitholders contain a pre-payment
provision exercisable at the option of Finance LP. On rare occasions,
cash is paid for the Units acquired from selling Unitholders.
    10. To secure full and complete payment and performance of the
obligations under the Credit Facility, Finance LP must grant the lender
a first priority security interest in certain collateral held by
Finance LP. Such collateral is comprised of a portfolio consisting of
high quality fixed income securities, including municipal bonds (rated
AA or better) and U.S. Treasury and Agency securities (rated AAA), and
registered money market funds operating in compliance with rule 2a-7.
The Finance GP Executive Committee selects one or more investment
advisers registered under the Advisers Act to manage Finance LP's
portfolio based on such adviser's overall level of professional
experience and its conservative value preservation strategies. Neither
the Credit Facility nor any other borrowing by Finance LP from a bank
or other financial institution would cause any person not named in
section 2(a)(13) of the Act to own outstanding securities of Finance LP
(other than short-term paper). Any borrowings by Finance LP will be
non-recourse other than to the Firm.
    11. The terms of the Units will be fully disclosed in the private
placement memorandum of the Firm, and each Eligible Unitholder will
receive a private placement memorandum, Finance LP's limited
partnership agreement and Insurance LP's limited partnership agreement
(or other organizational documents) prior to his or her investment in
the Units. Finance GP will send Unitholders annual reports of the Firm,
which will contain audited financial statements, as soon as practicable
after the end of each fiscal year, but no later than 180 days after the
fiscal year end. In addition, as soon as practicable after the end of
each fiscal year of the Firm, Finance GP shall send a report to each
person who was a Unitholder at any time during the fiscal year then
ended, setting forth such tax information as shall be necessary for the
preparation by the Unitholder of his or her federal and state income
tax returns and a report of the investment activities of Finance LP
during such year.
    12. Unitholders will be permitted to transfer Units only by
operation of law, to a receiver or trustee in bankruptcy for that
Unitholder, to the Unitholder's estate in the event of his or her
death, or with the express consent of both the Insurance GP Executive
Committee and the Finance GP Executive Committee. No person may become
a transferee or substitute Unitholder unless that person is a member of
one of the classes of persons listed in section 2(a)(13) of the Act,
except that a legal representative or executor may hold Units in order
to settle the estate of a decedent or bankrupt or for similar purposes.
No fee of any kind will be charged in connection with the sale of
Units.
    13. No separate management fee will be charged to Finance LP by
Finance GP, and no compensation will be paid by Finance LP or by
Unitholders to Finance GP for its services.
    14. Finance LP will not acquire any security issued by a registered
investment company if immediately after the acquisition Finance LP
would own more than 3% of the outstanding voting stock of the
registered investment company.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
may exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b) provides that the Commission will consider,
in determining the provisions of the Act from which the company should
be exempt, the company's form of organization and capital structure,
the persons owning and controlling its securities, the price of the
company's securities and the amount of any sales load, how the
company's funds are invested, and the relationship between the company
and the issuers of the securities in which it invests. Section 2(a)(13)
defines an employees' securities company as any investment company all
of whose securities (other than short-term paper) are beneficially
owned (a) by current or former employees, or persons on retainer, of
one or more affiliated employers, (b) by immediate family members of
such persons, or (c) by such employer or employers together with any of
the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) provides that, in connection
with any order exempting an investment company from any provision of
section 7, certain provisions of the Act, as specified by the
Commission, will be applicable to the company and other persons dealing
with the company as though the company were registered under the Act.
Applicants request an order under sections 6(b) and 6(e) of the Act
exempting Finance LP from all provisions of the Act, except section 9
and sections 36 through 53, and the rules and regulations under the
Act. With respect to sections 17 and 30 of the Act, and the rules and
regulations thereunder, and rule 38a-1 under the Act, the exemption is
limited as set forth in the application.
    3. Section 17(a) generally prohibits any affiliated person of a
registered investment company, or any affiliated person of an
affiliated person, acting as principal, from knowingly selling or
purchasing any security or other property to or from the company.
Applicants request an exemption from section 17(a) to the extent
necessary permit Finance LP to: (a) Purchase, from the Firm or any
affiliated person thereof, Units for the account of the Firm or any
affiliated person thereof; or (b) sell, to the Firm or any affiliated
person thereof, Units previously acquired by Finance LP.
    4. Applicants state that an exemption from section 17(a) is
consistent with the protection of investors and the purposes of the
Act. Applicants state that Unitholders will be informed in the Firm's
private placement memorandum of the possible extent of Finance LP's
dealings with the Firm or any affiliated person thereof. Applicants
also state that, as financially sophisticated professionals,
Unitholders will be able to evaluate the attendant risks. Applicants
assert that the community of interest among Unitholders and the Firm
will provide the best protection against any risk of abuse.
    5. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 allows an investment
company to act as self-custodian, subject to certain requirements.
Applicants request an exemption from section 17(f) and rule 17f-2 to
permit the following exceptions from the requirements of rule 17f-2:
(a) The promissory notes and non-publicly traded securities held by
Finance LP may be kept in the locked files of Finance LP; (b) for
purposes of paragraph (d) of the rule, (i) employees

of the Firm will be deemed employees of Finance LP, (ii) officers of
Finance GP (including the Finance GP Executive Committee) will be
deemed to be officers of Finance LP, and (iii) the Finance GP Executive
Committee will be deemed to be the board of directors of Finance LP;
and (c) in place of the verification procedure under paragraph (f) of
the rule, verification will be effected quarterly by two employees of
the Firm. Applicants assert that the promissory notes and non-publicly
traded securities held by Finance LP are most suitably kept in Finance
LP's files, where they can be referred to as necessary. The publicly
traded securities owned by Finance LP are held in one or more brokerage
accounts.
    6. Section 17(g) and rule 17g-1 generally require the bonding of
officers and employees of a registered investment company who have
access to its securities or funds. Rule 17g-1 requires that a majority
of directors who are not interested persons (``independent directors'')
take certain actions and give certain approvals relating to fidelity
bonding. Paragraph (g) of rule 17g-1 sets forth certain materials
relating to the fidelity bond that must be filed with the Commission
and certain notices relating to the fidelity bond that must be given to
each member of the investment company's board of directors. Paragraph
(h) of rule 17g-1 provides that an investment company must designate
one of its officers to make the filings and give the notices required
by paragraph (g). Paragraph (j) of rule 17g-1 exempts a joint insured
bond provided and maintained by an investment company and one or more
other parties from section 17(d) of the Act. Rule 17g-1(j)(3) requires
that the board of directors of an investment company satisfy the fund
governance standards defined in rule 0-1(a)(7). Applicants request an
exemption from section 17(g) and rule 17g-1 to the extent necessary to
permit Finance LP to comply with rule 17g-1 without the necessity of
having a majority of the independent directors take such action and
make such approvals as are set forth in the rule. Specifically, Finance
LP will comply with rule 17g-1 by having the GP Finance Executive
Committee take such actions and make such approvals as are set forth in
rule 17g-1. Applicants state that, because Finance GP will be an
interested person of Finance LP, Finance LP could not comply with rule
17g-1 without the requested relief. Applicants also request an
exemption from the requirements of rule 17g-1(g) and (h) relating to
the filing of copies of fidelity bonds and related information with the
Commission and the provision of notices to the board of directors and
from the requirements of rule 17g-1(j)(3). Applicants believe the
filing requirements are burdensome and unnecessary as applied to
Finance LP. The Finance GP Executive Committee will maintain the
materials otherwise required to be filed with the Commission by rule
17g-1(g) and agree that all such material will be subject to
examination by the Commission and its staff. The Finance GP Executive
Committee will designate a person to maintain the records otherwise
required to be filed with the Commission under paragraph (g) of the
rule. Applicants also state that the notices otherwise required to be
given to the board of directors would be unnecessary as Finance LP will
not have a board of directors. Finance LP will comply with all other
requirements of rule 17g-1.
    7. Section 17(j) and paragraph (b) of rule 17j-1 make it unlawful
for certain enumerated persons to engage in fraudulent or deceptive
practices in connection with the purchase or sale of a security held or
to be acquired by a registered investment company. Rule 17j-1 also
requires that every registered investment company adopt a written code
of ethics and that every access person of a registered investment
company report personal securities transactions. Applicants request an
exemption from the requirements of rule 17j-1, except for the anti-
fraud provisions of paragraph (b), because they are unnecessarily
burdensome as applied to Finance LP.
    8. Applicants request an exemption from the requirements in
sections 30(a), 30(b) and 30(e), and the rules under those sections,
that registered investment companies prepare and file with the
Commission and mail to their shareholders certain periodic reports and
financial statements. Applicants contend that the forms prescribed by
the Commission for periodic reports have little relevance to Finance LP
and would entail administrative and legal costs that outweigh any
benefit to Unitholders. Applicants request exemptive relief to the
extent necessary to permit Finance LP to report annually to
Unitholders. Applicants also request an exemption from section 30(h) to
the extent necessary to exempt the Finance GP Executive Committee and
any other persons who may be deemed members of an advisory board of
Finance LP from filing Forms 3, 4 and 5 under section 16 of the under
the Securities Exchange Act of 1934 with respect to their ownership of
Units. Applicants assert that, because there will be no trading market
and the transfers of Units will be severely restricted, these filings
are unnecessary for the protection of investors and burdensome to those
required to make them.
    9. Rule 38a-1 requires investment companies to adopt, implement and
periodically review written policies and procedures reasonably designed
to prevent violation of the federal securities laws and to appoint a
chief compliance officer. Finance LP will comply with rule 38a-1(a),
(c) and (d), except that (i) since Finance LP does not have a board of
directors, the Finance GP Executive Committee will fulfill the
responsibilities assigned to a board of directors under the rule, and
(ii) since the Finance GP Executive Committee does not have any
independent members, approval by a majority of the independent board
members required by rule 38a-1 will not be obtained.

Applicants' Conditions

    The applicants agree that any order granting the requested relief
will be subject to the following conditions:
    1. Each proposed transaction to which Finance LP is a party
otherwise prohibited by Section 17(a) (each, a ``Section 17
Transaction'') will be effected only if the Finance GP Executive
Committee determines that: (a) the terms of the Section 17 Transaction,
including the consideration to be paid or received, are fair and
reasonable to Unitholders and do not involve overreaching of Finance LP
or Unitholders on the part of any person concerned; and (b) the Section
17 Transaction is consistent with the interests of the Unitholders, the
Firm's organizational documents and the Firm's reports to its
Unitholders.
    In addition, the Finance GP Executive Committee will record and
preserve a description of such Section 17 Transactions, its findings,
the information or materials upon which its findings are based and the
basis therefore. All such records will be maintained for the life of
Finance LP and at least six years thereafter, and will be subject to
examination by the Commission and its staff. All such records will be
maintained in an easily accessible place for at least the first two
years.
    2. Finance GP will send to each person who was a Unitholder at any
time during the fiscal year then ended audited financial statements
with respect to the Firm. At the end of each fiscal year, the Firm will
make a valuation or have a valuation made of all of the assets of
Finance LP as of the fiscal year end in a manner consistent with
customary practice with respect to

the valuation of assets of the kind held by Finance LP. Consistent with
the Firm's customary practice, Units will be valued in accordance with
the terms of the Transfer Agreements. In addition, as soon as
practicable after the end of each fiscal year of the Firm, Finance GP
shall send a report to each person who was a Unitholder at any time
during the fiscal year then ended, setting forth such tax information
as shall be necessary for the preparation by the Unitholder of his or
her federal and state income tax returns and a report of the investment
activities of Finance LP during such year.
    3. Finance LP and the Finance GP Executive Committee will maintain
and preserve, for the life of Finance LP and at least six years
thereafter, such accounts, books, and other documents as constitute the
record forming the basis for the audited financial statements and
annual reports of the Firm to be provided to Unitholders, and agree
that all such records will be subject to examination by the Commission
and its staff. All such records will be maintained in an easily
accessible place for at least the first two years.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-27213 Filed 11-14-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Page 7317]
[FR Doc No: 2021-01730]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90962; File No. SR-PEARL-2020-30]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Amend the Exchange's By-Laws in Connection With an Equity
Rights Program

January 21, 2021.
    On November 24, 2020, MIAX PEARL, LLC (``MIAX PEARL'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the Amended and Restated By-Laws of MIAX
PEARL to correspond with an Equity Rights Program recently established
by the Exchange. The proposed rule change was published for comment in
the Federal Register on December 9, 2020.\3\ The Commission has
received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90563 (December 3,
2020), 85 FR 79252.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is January 23, 2021. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
March 9, 2021, as the date by which the Commission shall either approve
or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-PEARL-2020-30).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01730 Filed 1-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]
[Page 44023]
[DOCID:fr03au06-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-394-001]

Northwest Pipeline Corporation; Notice of Supplemental
Information

July 27, 2006.
    Take notice that on July 24, 2006, Northwest Pipeline Corporation
(Northwest) tendered for filing its supplemental explanatory
information in compliance with the Commission's July 14, 2006, letter
order.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 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 August 3, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12510 Filed 8-2-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Notices]
[Pages 34343-34344]
[FR Doc No: 2016-12636]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Advisory Committee; Allergenic Products Advisory Committee,
Renewal

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; renewal of advisory committee.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
renewal of the Allergenic Products Advisory Committee by the
Commissioner of Food and Drugs (the Commissioner). The Commissioner has
determined that it is in the public interest to renew the Allergenic
Products Advisory Committee for an additional 2 years beyond the
charter

expiration date. The new charter will be in effect until July 9, 2018.

DATES: Authority for the Allergenic Products Advisory Committee will
expire on July 9, 2016, unless the Commissioner formally determines
that renewal is in the public interest.

FOR FURTHER INFORMATION CONTACT: Janie Kim, Division of Scientific
Advisors and Consultants, Center for Biologics Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm.
6129, Silver Spring, MD 20993-0002;<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.65 and approval by
the Department of Health and Human Services pursuant to 45 CFR part 11
and by the General Services Administration, FDA is announcing the
renewal of the Allergenic Products Advisory Committee (the Committee).
The Committee is a discretionary Federal advisory committee established
to provide advice to the Commissioner. The Committee advises the
Commissioner or designee in discharging responsibilities as they relate
to helping to ensure safe and effective drugs for human use and, as
required, any other product for which FDA has regulatory
responsibility.
    The Committee reviews and evaluates available data concerning the
safety, effectiveness, and adequacy of labeling of marketed and
investigational allergenic biological products or materials that are
administered to humans for the diagnosis, prevention, or treatment of
allergies and allergic disease, and makes appropriate recommendations
to the Commissioner of its findings regarding the affirmation or
revocation of biological product licenses, on the safety,
effectiveness, and labeling of the products, on clinical and laboratory
studies of such products, on amendments or revisions to regulations
governing the manufacture, testing, and licensing of allergenic
biological products, and on the quality and relevance of FDA's research
programs which provide the scientific support for regulating these
agents.
    The Committee shall consist of a core of nine voting members
including the Chair. Members and the Chair are selected by the
Commissioner or designee from among authorities knowledgeable in the
fields of allergy, immunology, pediatrics, internal medicine,
biochemistry, and related specialties. Members will be invited to serve
for overlapping terms of up to 4 years. Almost all non-Federal members
of this committee serve as Special Government Employees. The core of
voting members may include one technically qualified member, selected
by the Commissioner or designee, who is identified with consumer
interests and is recommended by either a consortium of consumer-
oriented organizations or other interested persons. In addition to the
voting members, the Committee may include one non-voting member who is
identified with industry interests.
    Further information regarding the most recent charter and other
information can be found at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/BloodVaccinesandOtherBiologics/AllergenicProductsAdvisoryCommittee/ucm129360.htm or by contacting the
Designated Federal Officer (see FOR FURTHER INFORMATION CONTACT). In
light of the fact that no change has been made to the committee name or
description of duties, no amendment will be made to 21 CFR 14.100.
    This document is issued under the Federal Advisory Committee Act (5
U.S.C. app.). For general information related to FDA advisory
committees, please visit us at http://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: May 24, 2016.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2016-12636 Filed 5-27-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37375-37378]
[FR Doc No: 2017-16818]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0356; FRL-9966-01-Region 4]

Air Plan Approval; KY; Miscellaneous Source Specific Revisions
for Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Kentucky State Implementation Plan (SIP),
submitted by the Commonwealth of Kentucky, through the Kentucky
Division for Air Quality (KDAQ), on March 21, 2011, October 29, 2013,
October 28, 2016, and March 24, 2017. The proposed revisions were
submitted by KDAQ on behalf of the Louisville Metro Air Pollution
Control District (District), which has jurisdiction over Jefferson
County, Kentucky. The revisions include changes to Jefferson County
Regulations regarding Reasonably Available Control Technology (RACT)
for two major sources of nitrogen oxides (NOX) and the
removal of a volatile organic compounds (VOC) bubble rule.

DATES: Comments must be received on or before September 11, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0356 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960 or Andres Febres, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Huey
can be reached by telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>Mr. Febres can be reached by telephone at (404) 562-
8966 or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Jefferson County portion
of the Kentucky SIP that were received by EPA on March 21, 2011.
Approval of Kentucky's March 21, 2011, submission would: (1) Make
several changes to Regulation 6.29, Standard of Performance for Graphic
Arts Facilities Using Rotogravure or Flexographic Printing; (2) remove
Regulation 7.57, Standard of Performance for New Graphic Arts
Facilities Using Rotogravure or Flexographic Printing; (3) incorporate
Amendment 4 to the Louisville Medical Steam Plant NOX RACT
Board Order into the Jefferson County portion of the Kentucky SIP; (4)
incorporate Amendment 3 to the Texas Gas Transmission NOX
RACT Board Order into the Jefferson County portion of the Kentucky SIP;
and (5) remove a VOC bubble rule for the General Electric plant in
Louisville, Kentucky. This action also proposes to approve three SIP
revisions received by EPA on October 29, 2013, October 28, 2016, and
March 24, 2017, which modify the March 21, 2011, submittal as discussed
below.

II. What is the background and EPA's analysis for the proposed actions?

    On March 21, 2011, the Louisville Metro Air Pollution Control
District,\1\ through KDAQ, submitted a SIP revision with five separate
parts. The following paragraphs discuss the background and EPA's
assessment of each part of that submittal as well as the three
subsequent submittals that revised the third and fourth parts (the
NOX RACT Board Orders for the Louisville Medical Steam Plant
and the Texas Gas Transmission facility, respectively).
---------------------------------------------------------------------------

    \1\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' However, each of the regulations in the Jefferson County
portion of the Kentucky SIP still has the subheading ``Air Pollution
Control District of Jefferson County.'' Thus, to be consistent with
the terminology used in the SIP, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
---------------------------------------------------------------------------

(1) Regulation 6.29, Standard of Performance for Graphic Arts
Facilities Using Rotogravure or Flexographic Printing

    Jefferson County Air Quality Regulation 6.29 applies to each
printing line for packaging rotogravure, publication rotogravure,
specialty rotogravure, and/or flexographic printing that commenced
operation before February 4, 1981. Kentucky's March 21, 2011, revision
adds a new Section 3.2, which specifies that compliance with the VOC
limits shall be based upon materials used during a calendar-day
averaging period, but that the ``District may specifically authorize
compliance to be based upon a longer averaging period that shall not
exceed one calendar month.'' Although the existing SIP-approved rule
does not specify the averaging time for compliance determination, EPA
understands it to be 24 hours (based upon the daily recordkeeping
requirement of Section 7.1). EPA believes that the proposed averaging
times for compliance determination for up to one month would not result
in any change in pollutant emissions because such allowances would be
authorized only for facilities that generally use materials having
little variation in VOC content. In addition, EPA notes that the
approach of compliance determination based on averaging periods of up
to one month is consistent with EPA's federal rules regulating this
industry, including the New Source Performance Standards (NSPS) for the
Graphic Arts Industry (Publication Rotogravure Printing) at 40 CFR part
60, subpart QQ, and the National Emission Standards for Hazardous Air
Pollutants (NESHAPs) for the Printing and Publishing Industry at 40 CFR
part 63, subpart KK. See, e.g., 40 CFR 60.434(a)(1) and 40 CFR
63.825(b)(2).
    The March 21, 2011, revision also amends Regulation 6.29 to allow
material usage recordkeeping requirements to reflect the approved
averaging period rather than the daily recordkeeping requirement of the
existing SIP-approved rule. The inks and coatings used during a longer
time period would be prorated to the appropriate compliance period
based upon a measured parameter, such as linear feet of substrate
printed. In addition, while the current SIP-

approved rule requires the owner or operator to keep records of
materials used for the most recent two-year period, the revised rule
would require that records be maintained for the most recent five-year
period (revised Section 6.1).
    Regulation 6.29 has also been revised such that it applies to all
rotogravure and flexographic printing lines operating within the
District. Section 1 (Applicability) of the current SIP-approved rule
provides that the regulation applies to each affected facility that
commenced operation before February 4, 1981. ``Affected facility'' is
defined in the current SIP-approved rule as ``a printing line for
packaging rotogravure, publication rotogravure, specialty rotogravure,
or flexographic printing.'' Under the revised rule, the Applicability
section is moved to Section 2 and provides that the rule applies to
each printing line for packaging rotogravure, publication rotogravure,
specialty rotogravure, or flexographic printing (regardless of
commencement date \2\) and that new or modified affected facilities
shall comply with all standards of the rule upon commencing operation.
---------------------------------------------------------------------------

    \2\ New printing lines of these types are currently regulated
pursuant to Regulation 7.57, the proposed removal of which is
discussed in Section II.(2) below.
---------------------------------------------------------------------------

    Another change to Regulation 6.29 is that Section 5, ``Exemption,''
has been deleted, and the ink and coating VOC content specifications of
that section have been relocated to Section 3, Standard for Volatile
Organic Compounds, such that they are recognized as material usage
limits rather than exemptions to compliance requirements. Finally,
several non-substantive language changes have been made to Regulation
6.29 for consistency with other current Jefferson County regulations.
EPA has evaluated these requested changes believes they will not
interfere with the Louisville Area's ability to attain and maintain the
national ambient air quality standards (NAAQS). Therefore, EPA proposes
to approve these changes to Regulation 6.29.

(2) Regulation 7.57, Standard of Performance for New Graphic Arts
Facilities Using Rotogravure or Flexographic Printing

    Regulation 7.57 applies to the same type of printing lines as
Regulation 6.29, but it applies to ``new'' units, defined as those that
commenced operation on or after February 4, 1981. Kentucky's March 21,
2011, submittal proposes to remove Regulation 7.57 from the SIP. As
noted above, Regulation 6.29 has been revised such that it applies to
all rotogravure and flexographic printing lines, regardless of their
date of operational commencement. EPA has reviewed the revised
Regulation 6.29 and has preliminarily determined that it regulates the
sources with the same stringency as Regulation 7.57. Therefore, because
Regulation 6.29 as revised will apply to all subject printing lines
within the District's jurisdiction, Regulation 7.57 would be
duplicative and unnecessary. EPA proposes to approve the removal of
Regulation 7.57 from the SIP.

(3) Louisville Medical Center Steam Plant--NOX RACT Board
Order

    Jefferson County Air Quality Regulation 6.42 (Reasonably Available
Control Technology Requirements for Major Volatile Organic Compound-
and Nitrogen Oxides-Emitting Facilities) requires the establishment and
implementation of RACT for certain affected facilities that are located
at a major stationary source for NOX. Section 4.4 of
Regulation 6.42 requires that each determination of RACT approved by
the District be submitted to EPA as a site-specific revision of the
Kentucky SIP. The Louisville Medical Center Steam Plant (Medical
Center) operates six boilers that provide heat to buildings associated
with the downtown hospital medical complex and is subject to a title V
operating permit issued by the District. The initial Medical Center
NOX RACT Board Order was approved by the Air Pollution
Control Board of Jefferson County (APC Board-JC) on November 8, 1999,
and submitted to EPA by KDAQ on November 12, 1999, as a site-specific
revision of the Kentucky SIP. Amendment 1 to the Medical Center Board
Order, issued on February 21, 2001, was submitted to EPA and approved
into the SIP on October 23, 2001. See 66 FR 53685.
    The March 21, 2011, submittal includes the District's second
amendment to the Medical Center Board Order and requests withdrawal of
Amendment 1. However, on October 29, 2013, the District submitted a
third amendment to the Medical Center Board Order and requested
withdrawal of the second one, and on April 4, 2017, the District
submitted a fourth amendment to the Medical Center Board Order and
requested withdrawal of the third one. No federal approval action has
been taken on the second or third amendments to the Medical Center
Board Order.
    On March 19, 2008, the APC-JC Board adopted Amendment 2 to the
Medical Center Board Order. Amendment 2 changed the fuel for Boiler #1
from coal to natural gas, removed the 10 percent ``seasonal capacity
factor'' and added a 0.10 pound per million British thermal unit (lb/
MMBtu) heat input limit for that boiler. On August 21, 2013, the
Louisville Metro Air Pollution Control Board (LMAPC Board; formerly,
the APC-JC Board) adopted Amendment 3 to the Medical Center Board
Order. Amendment 3 removed the 10 percent seasonal capacity factor for
Boiler #3 (since the coal stoker was removed and replaced with a low
NOX burner) and added a 0.20 lb/MMBtu heat input limit for
that boiler.
    On January 18, 2017, the LMAPC Board adopted Amendment 4 to the
Medical Center Board Order. Amendment 4 replaces the emission rate
limits for Boiler #1 and Boiler #3 (0.10 and 0.20 lb/MMBtu,
respectively) with new limits on total NOX emissions (a 32.8
tons annual NOX limit and a 4.0 tons ozone season
NOX limit for both boilers). As shown in the District's
supporting documentation included in the submittal, the new ozone
season NOX limit of 4.0 tons is more conservative than the
potential to emit of 4.04 tons during ozone season (based on the
previous 10 percent seasonal capacity factor), and the new annual
NOX limit of 32.8 tons is the same as the potential to emit
of 32.8 tons per year (based on the previous 10 percent seasonal
capacity factor). Thus, the Medical Center Board Order changes between
Amendment 1 (the version currently approved in the SIP) and Amendment 4
for Boilers #1 and #3 result in a potential emissions reduction of 0.04
tons of NOX per boiler during the ozone season. Other
changes included in Amendment 4 are clarification of the averaging
period for the NOX emission limits as a 30-day rolling
average; the addition of annual performance testing and record of non-
routine boiler maintenance activities for Boilers #1 and #3;
elimination of an obsolete requirement for the Medical Center to submit
a report of daily activities and procedures by April 1, 2001; and
elimination of obsolete requirements related to compliance and
recordkeeping on seasonal capacity factors, which originally applied
only to Boilers #1 and #3 but no longer apply.
    EPA preliminarily agrees with the District that the Amendment 4 to
Medical Center Board Order achieves at least the same level of
NOX emission reductions as the previously approved Amendment
1. Therefore, EPA proposes to approve the April 4, 2017, revision as
Amendment 4 to the Medical Center Board Order.

(4) Texas Gas Transmission--NOX RACT Board Order

    As discussed above, Jefferson County Air Quality Regulation 6.42
requires the establishment and implementation of RACT for certain
affected facilities that are located at a major stationary source for
NOX. The initial Texas Gas Transmission (Texas Gas)
NOX RACT Board Order was approved by the APC-JC Board on
November 8, 1999, and submitted to EPA by KDAQ on November 12, 1999, as
a site-specific revision of the Kentucky SIP. Amendment 1 to the Texas
Gas Board Order, issued on December 20, 2000, was submitted to EPA and
approved into the SIP on October 23, 2001. See 66 FR 53685.
    The March 21, 2011, submittal includes the District's second
amendment to the Texas Gas Board Order and requests withdrawal of
Amendment 1. However, on October 28, 2016, the District submitted a
third amendment to the Texas Gas Board Order and requested withdrawal
of second one. No federal approval action has been taken on the second
amendment to the Texas Gas Board Order.
    On June 17, 2009, the APC-JC Board adopted Amendment 2 to the Texas
Gas Board Order. Amendment 2 removed the compressor turbine T-1
emission requirements due to the removal of the unit from the facility
in 2005, added emission requirements for new compressor turbine E-22,
and added a requirement that combustion performance modifications
performed on the nine reciprocating internal combustion engine
compressors remain in place to ensure NOX emission limits
are achieved.
    On May 18, 2016, the LMAPC Board adopted Amendment 3 to the Texas
Gas Board Order. Amendment 3 introduces the emission limits and work
practice standards for engine E28 to bring it up to date with EPA's
NESHAP for Stationary Reciprocating Internal Combustion Engines (40 CFR
63, subpart ZZZZ) as revised in 2013 (see 78 FR 6674); modifies the
emission testing schedule for Compressor Engines El-E9 and Turbine E22;
and more clearly specifies the emission limits and testing,
recordkeeping, and reporting requirements for each of the covered
sources.
    Regarding the performance testing schedule for Compressor Engines
El-E6, Amendment 3 requires the same 6-year testing period for each
engine as the approved Amendment 1. For Compressor Engines E7-E9,
Amendment 3 also requires a 6-year testing period for each engine,
although these engines are required to be tested every three years
under the approved Amendment 1. EPA believes the reduced testing
frequency for Compressor Engines E7-E9 is appropriate because these
units are of the same type as Compressor Engines E1-E6, which have a
six-year testing requirement, and the revised schedule requires
performance testing of all nine of the facility's compressor engines
within each 6-year period. For Turbine E22, the performance testing
schedule is reduced from every two years to every six years. EPA
believes this reduced testing frequency is appropriate because new
condition 7 of Amendment 3 requires the owner or operator to
continuously monitor and record appropriate parameters to demonstrate
that the unit is operating in low-NOX mode, as required
under 40 CFR 60.334(f)(2), thus minimizing NOX emissions.
Further, if any of these units, E1-E9 and E22, fails to demonstrate
compliance with standards at any time, a new provision under condition
15 of Amendment 3 requires that the unit be taken out of service until
maintenance has been performed and the unit has been re-tested and has
demonstrated compliance. In addition, the LMAPC Board notes that units
E1-E9 and E22 have shown historical emission levels are significantly
less than the regulatory limits.
    EPA preliminarily agrees with the District that Amendment 3 to the
Texas Gas Board Order achieves the same level of NOX
emission reductions as the previously approved Amendment 1. Therefore,
EPA proposes to approve the October 28, 2016, revision as Amendment 3
to the Texas Gas Board Order.

(5) General Electric--Remove the Bubble Action Approved on January 12,
1982

    In 1982, EPA approved a revision to the Kentucky SIP that allowed
an alternative emission reduction plan in the form of a ``bubble rule''
for the General Electric plant in Louisville, Kentucky. See 47 FR 1291
(January 12, 1982). The sources affected by that SIP revision were the
Koch Plastisol Prime System and the Koch Wire Rack Prime System. The
revision allowed the plant to achieve compliance with Kentucky and
Jefferson County VOC regulations for existing large appliance surface
coating operations. Kentucky's March 21, 2011, submittal requests
removal of this bubble rule for the General Electric plant because the
subject equipment has been disabled and the associated permits have
been voided for the facility. EPA proposes to approve the removal of
the ``Bubble action at General Electric in Louisville'' from the
Kentucky SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is proposing the incorporation by reference of Jefferson
County's Regulation 6.29, Standard of Performance for Graphic Arts
Facilities Using Rotogravure or Flexographic Printing, effective August
21, 2013; ``Board Order Texas Gas Transmission'' NOX RACT
Plan, effective May 18, 2016; and ``Board Order Louisville Medical
Center Steam Plant'' NOX RACT Plan, effective January 18,
2017. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).

IV. Proposed Actions

    EPA is proposing to approve changes to the Jefferson County Air
Quality Regulations portion of the Kentucky SIP. The requested
revisions were provided by KDAQ to EPA on March 21, 2011, October 29,
2013, October 28, 2016, and March 24, 2017. The changes proposed for
approval would: (1) Modify Regulation 6.29, (2) remove Regulation 7.57,
(3) incorporate Amendment 4 to the NOX RACT Board Order for
the Louisville Medical Center Steam Plant into the Jefferson County
portion of the Kentucky SIP, (4) incorporate Amendment 3 to
NOX RACT Board Order for the Texas Gas Transmission facility
into the Kentucky SIP, and (5) remove the VOC bubble rule for the
General Electric plant in Louisville, Kentucky. EPA believes these
changes are consistent with the requirements of the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:

     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 28, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16818 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Page 65148]
[FR Doc No: 2019-25622]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR20-10-000.
    Applicants: UGI Utilities, Inc.
    Description: Tariff filing per 284.123(b),(e)+(g): Rate Election to
be effective 11/18/2019.
    Filed Date: 11/18/19.
    Accession Number:<PHONE_NUMBER>39.
    Comments Due: 5 p.m. ET 12/9/19.
    284.123(g) Protests Due: 5 p.m. ET 1/17/20.

    Docket Numbers: RP20-234-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: NWP 2020 Leap Year Rate Filing
to be effective 1/1/2020.
    Filed Date: 11/19/19.
    Accession Number: 20191119-5054.
    Comments Due: 5 p.m. ET 12/2/19.

    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 date(s). 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: November 20, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25622 Filed 11-25-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Notices]
[Page 62499-62501]
[DOCID:fr25oc06-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54624; File No. SR-NYSE-2006-87]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Rule 13 (Definitions of Orders)

October 18, 2006.
    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 October 16, 2006, the 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 and
II below, which Items have been prepared by the Exchange. The proposed
rule change has been filed by the NYSE as a ``non-controversial'' rule
change under Rule 19b-4(f)(6) under the Act,\3\ which renders the
proposal effective upon filing with the Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The proposed rule change seeks to make a clarifying amendment to
NYSE Rule 13 (``Definitions of Orders'') as it relates to Stop Limit
Orders (P3) which was part of the pilot (``Pilot'') \4\ to put into
operation certain rule changes pending before the Commission to
coincide with the Exchange's implementation of Phase 3 of the NYSE
HYBRID MARKETSM (``Hybrid Market'').\5\
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    \4\ See Securities Exchange Act Release No, 54578 (October 5,
2006), 71 FR 60216 (October 12, 2006) (SR-NYSE-2006-82).
    \5\ See Securities Exchange Act Release Act Release No. 53539
(March 22, 2006), 71 FR 16353 (March 31, 2006) (SR-NYSE\2004-05).
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    The text of the proposed rule is available on the NYSE's Web site
at http://www.nyse.com, at the NYSE's Office of the Secretary, and at

the Commission's Public Reference Room.

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

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

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

1. Purpose
    On October 5, 2006, the Exchange proposed a Pilot to, among other
things, make operative certain proposed modifications to Exchange Rules
that are the subject of pending rule filings \6\ before the Commission
to coincide with the Exchange's implementation of Phase 3 of the Hybrid
Market. The Pilot commenced following Commission approval, on October
5, 2006 and is

scheduled to terminate on the close of business October 31, 2006.\7\
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    \6\ See Securities Exchange Act Release Nos. 54504 (September
26, 2006), 71 FR 57011 (NYSE-2006-76) (Notice) (proposing to amend
the specialist stabilization requirements set forth in Exchange Rule
104.10) (``Stabilization Filing''); 54520 (September 27, 2006), 71
FR 57590 (September 29, 2006) (NYSE-2006-65) (Notice) (proposing to
amend several Exchange Rules to clarify certain definitions and
systemic processes) (``Omnibus Filing''); and SR-NYSE-2006-73 (filed
on September 13, 2006) (proposing to amend Exchange Rule 127 which
governs the execution of a block cross transaction at a price
outside the prevailing NYSE quotation) (``Block Cross Filing'').
    \7\ See supra note 4.
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    Pursuant to the Pilot, the Exchange proposed the elimination of
Stop Limit orders as an acceptable order type on the Exchange in
securities that are subject to the Pilot. The Exchange seeks to clarify
that the elimination of Stop Limit orders during the Pilot relates to
all securities on the Exchange. Accordingly, the Exchange seeks to
amend NYSE Rule 13(P3) Stop Limit Orders to state that Stop Limit
orders are not a valid order type for all securities traded on the
Exchange commencing October 16, 2006 and continuing during the Hybrid
Phase 3 Pilot.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\9\ in particular, in that it
is designed to promote just and equitable principles of trade, 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 also is
designed to support the principles of Section 11A(a)(1),\10\ in that it
seeks to assure economically efficient execution of securities
transactions.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change. The Exchange has not received any unsolicited
written comments from members or other interested parties.

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

    The proposed rule change has been filed by the Exchange as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the Act
\11\ and Rule 19b-4(f)(6), thereunder.\12\ Because the forgoing
proposed rule change does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; (iii) become operative for 30 days after the date of
its filing, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest,
provided that the Exchange has given 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, as least five
business days prior to the date of filing of the proposed rule change,
or shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6), thereunder.\14\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    The Exchange requests that the Commission waive the five-day pre-
filing notice requirement and the 30-day delayed operative date of Rule
19b-4(f)(6)(iii). Under Rule 19b-4(f)(6)(iii), a proposed ``non-
controversial'' rule change does not become operative for 30 days after
the date of filing, unless the Commission designates a shorter time.
    The Commission believes that the waiving the 30-day operative delay
is consistent with the protection of investors and the public
interest.\15\ The Exchange has decided to eliminate the Stop Limit
order type because it is no longer used. The Exchange represented that
it had notified members that this order type would no longer be
accepted as of October 16, 2006 to coincide with other changes that are
being implemented in the Pilot. To minimize confusion as to acceptable
order types, the Exchange has proposed to eliminate stop limit orders
in all securities, not just securities eligible for the Pilot.
Accordingly, the Commission believes it is consistent with the
protection of investors and the public interest to implement this
change immediately.
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    \15\ For the purposes only of accelerating the operative day of
this proposal, the Commission has considered the proposed rules
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    The Commission designates the proposed rule change to be effective
and operative upon its filing with the Commission. The Commission also
waives the five-business day pre-filing requirements. As any time
within 60 days of the filing of the proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest.

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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2006-87 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-87. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the NYSE. 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-2006-87 and should be submitted on or before
November 15, 2006.

    For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-17832 Filed 10-24-06; 8:45 am]

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[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]
[Page 44790-44791]
[DOCID:fr29jy10-45]

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

[EPA-HQ-OAR-2007-0492; FRL-9182-8]

Second Draft Document Related to the Review of the National
Ambient Air Quality Standards for Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Extension of Comment Period.

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SUMMARY: The EPA is announcing an extension of the public comment
period for one chapter of the draft assessment document titled, Policy
Assessment for the Review of the Particulate Matter National Ambient
Air Quality Standards--Second External Review Draft. The EPA is
extending the comment period for chapter 4--Review of the Secondary
Standards for Visibility-Related Effects. This chapter is based on the
Particulate Matter Urban-Focused Visibility Assessment (UFVA) which was
finalized later than originally anticipated. As a result, the Agency is
extending the comment period by two weeks to provide stakeholders and
the public with adequate time to conduct appropriate analysis and
prepare meaningful comments on chapter 4 of the second draft Policy
Assessment. The original comment period was to end on August 16, 2010.
The extended comment period for chapter 4 will now close on August 30,
2010.

DATES: Comments should be submitted on or before August 30, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0492, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2007-
0492.
     Fax: Fax your comments to<PHONE_NUMBER>, Attention Docket
ID No. EPA-HQ-OAR-2007-0492.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2007-0492.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0492. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket in the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>; fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions related to this draft
document, please contact Ms. Beth Hassett-Sipple, Office of Air Quality
Planning and Standards (Mail code C504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; e-mail: hassett-
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).

     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Make sure to submit your comments by the comment period
deadline identified.

SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act
(CAA), the Administrator identifies and lists certain pollutants which
``cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare.'' The EPA then issues
air quality criteria for these listed pollutants, which are commonly
referred to as ``criteria pollutants.'' The air quality criteria are to
``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air, in varying quantities.'' Under section
109 of the CAA, EPA establishes primary (health-based) and secondary
(welfare-based) national ambient air quality standards (NAAQS) for
pollutants for which air quality criteria are issued. Section 109(d) of
the CAA requires periodic review and, if appropriate, revision of
existing air quality criteria. The revised air quality criteria reflect
advances in scientific knowledge on the effects of the pollutant on
public health or welfare. The EPA is also required to periodically
review and revise the NAAQS, if appropriate, based on the revised
criteria.\1\
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    \1\ See http://www.epa.gov/ttn/naaqs/review.html for more
information on the NAAQS review process.
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    As part of EPA's review of the primary (health-based) and secondary
(welfare-based) PM NAAQS, the Agency recently released the Policy
Assessment for the Review of the Particulate Matter National Ambient
Air Quality Standards--Second External Review Draft \2\ (Policy
Assessment; 75 FR 39253; July 8, 2010). The second draft Policy
Assessment builds on the scientific and technical information available
in this review as assessed in the Integrated Science Assessment for
Particulate Matter \3\ and two quantitative assessment documents,
Particulate Matter Urban-Focused Visibility Assessment (UFVA) and
Quantitative Health Risk Assessment for Particulate Matter.\4\
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    \2\ EPA-452/P-10-007, June 2010; Available: http://www.epa.gov/
ttn/naaqs/standards/pm/s_pm_2007_pa.html.
    \3\ EPA 600/R-08/139F and EPA 600/R-08/139FA, December 2009;
Available: http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_
isa.html.
    \4\ EPA 452/R-10-004, July 2010 and EPA 452/R-10-005, June 2010;
Available: http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_
risk.html.
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    The UFVA was scheduled to be finalized on or about June 30, 2010
(75 FR 39252, July 8, 2010). However, in finalizing this document, EPA
staff identified a data processing error which caused organic
carbonaceous material to be over estimated on some days. The
corrections were quite small and did not affect the conclusions.
Corrections have been made to the final UFVA. Since the UFVA was
finalized later than originally anticipated and chapter 4 of the second
draft Policy Assessment (Review of the Secondary Standards for
Visibility-Related Effects) builds on the information presented in the
UFVA, EPA is extending the comment period by two weeks for this chapter
to provide stakeholders and the public with adequate time to conduct
appropriate analysis and prepare meaningful comments. The second draft
Policy Assessment may be accessed online through EPA's TTN website at:
http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_pa.html.
    The draft document described above does not represent and should
not be construed to represent any final EPA policy, viewpoint, or
determination.

    Dated: July 22, 2010.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-18646 Filed 7-28-10; 8:45 am]
BILLING CODE 6560-50-P