STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

Effective 23 January 1995

Last Amended   19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

TABLE OF CONTENTS  TOC \o "1-3" \h \z \u

  HYPERLINK \l "_Toc168812767"  28.1	Definitions	  PAGEREF _Toc168812767
\h  1

  HYPERLINK \l "_Toc168812768"  28.2	Applicability and Exemptions
PAGEREF _Toc168812768 \h  4

  HYPERLINK \l "_Toc168812769"  28.3	Requirement to Pay a Fee	  PAGEREF
_Toc168812769 \h  5

  HYPERLINK \l "_Toc168812770"  28.4	Fee Determination	  PAGEREF
_Toc168812770 \h  5

  HYPERLINK \l "_Toc168812771"  28.5	Payment of Fees	  PAGEREF
_Toc168812771 \h  7

  HYPERLINK \l "_Toc168812772"  28.6	Penalties	  PAGEREF _Toc168812772
\h  8

  HYPERLINK \l "_Toc168812773"  28.7	General Provisions	  PAGEREF
_Toc168812773 \h  8

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

28.1	Definitions

	Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

	28.1.1		"Actual Emissions" means the actual rate of emissions in tons
per year of any regulated pollutant emitted by a stationary source.
Actual emissions shall be calculated using the stationary source's
actual operating hours, production rates, and in-place control
equipment, types of materials processed, stored, or combusted during the
calendar year.

	28.1.2		"Affected Source" shall have the meaning given to it in the
regulations promulgated under Title IV of the Act.

	28.1.3		"Air Pollution Inventory Forms" means the forms the Division
sends to stationary sources for emissions information.

	28.1.4		"Application Fee" means the fee stationary sources applying for
an emissions cap shall pay.

	28.1.5		"Area Source" means any stationary source of hazardous air
pollutants that is not a major source.

	28.1.6		"Calendar Year" means the period beginning 1 January and ending
the following 31 December.

	28.1.7		"Compliance/assurance fee" means the annual fee which
stationary source's with emissions caps shall pay.

28.1.8		“Emissions Cap" means any emission limitation or physical or
operational limitations, imposed in a federally enforceable document,
that establishes the maximum quantity of emissions which may be released
from a stationary source.

28.1.9 	"Emissions Fee" means the fee assessed on an air pollution
source based on the stationary source's actual emissions calculated in
accordance with Section 28.4.

28.1.10 	“General emissions cap" means an emissions cap that is issued
to similar stationary sources and contains the same terms and
conditions.  A general emissions cap is initially made available for
public comment.  No opportunity for public comment is provided when
individual sources apply to be covered by the general emissions cap.

28.1.11 	Major source” means any of the following:

			(a)	For pollutants other than radionuclides, all of the
pollutant-emitting activities located within a contiguous area and under
common control that emits or has the potential to emit, in the
aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant
which has been listed pursuant to Section 112(b) of the Act, 25 tpy or
more of any combination of such hazardous air pollutants, or such lesser
quantity as the Administrator may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or
production well (with its associated equipment) and emissions from any
pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units
or stations are major sources; or

			(b)	For radionuclides, “major source” shall have the meaning
specified by the Administrator by rule.

			(c)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit, 100 tpy or more
of any air pollutant including any fugitive emissions, to the extent
they are quantifiable; or

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

			(d)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit 50 tpy or more
of volatile organic compounds or oxides of nitrogen including any
fugitive emission, to the extent they are quantifiable.

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

	28.1.12	“Regulated pollutant” means the following:

			(a)	Nitrogen oxides or any volatile organic compounds;

			(b)	Any pollutant for which a national ambient air quality standard
has been promulgated;

(c)	Any pollutant that is subject to any standard promulgated under
Section 111 of the Act;

			(d)	Any Class I or II substance subject to a standard promulgated
under or established by Title VI of the Act; or

			(e)	Any pollutant subject to a standard promulgated under Section 112
or other requirements established under Section 112 of the Act,
including Sections 112(g), (j), and I of the Act, including the
following:

				(1)	Any pollutant subject to requirements under Section 112(j) of
the Act. If the Administrator fails to promulgate a standard by the date
established pursuant to Section 112(e) of the  Act, any pollutant for
which the source would be major shall be considered to be regulated on
the date 18 months after the applicable date established pursuant to
Section 112(e) of the Act; and

				(2)	Any pollutant for which the requirements of Section 112(g)(2) of
the Act have been met, but only with respect I individual source subject
to Section 112(g)(2) requirement.

			(f)	Any substance which is listed in Table I of Air Pollution Control
Regulation No.22.

28.1.13	"	Standard emissions cap" means an emissions cap that is issued
to a stationary source and contains terms and conditions that are
specific to that stationary source.  Each standard emissions cap is made
available for public comment prior to issuance.

28.1.14 	"Start-up" means the setting in operation of an affected
facility for any purpose.

28.2	Applicability and Exemptions

	28.2.1	This regulation applies to the following stationary sources as
defined below:

		(a)	Any major source;

		(b)	Any affected source under Title IV of the Act; or

		(c)	Any stationary source in a source category designated by the EPA
pursuant to 40 CFR 70; or

		(d)	Any stationary source, including an area source, subject to a
standard, limitation, or other requirement under Section 111 of the Act;
and

		(e)	Any stationary source, including an area source, subject to a
standard or other requirement under Section 112 of the Act, except that
a source is not required to pay a fee solely because it is subject to
regulations or requirements under Section 112(r) of this Act.

	28.2.2	 The following stationary sources are exempt from this
regulation:

		(a)	All stationary sources listed in Subsection 28.2.1 that are not
major stationary sources, affected sources or solid waste incineration
units required to obtain a permit pursuant to Section 129(e) of the Act.

		(b)	In the case of stationary sources subject to a standard or other
requirement under either Section 111 or Section 112 of the Act after 21
July 1992, that are not major sources, the EPA will determine whether to
exempt any or all such applicable stationary sources from the
requirement to obtain an operating permit at the time that the new
standard is promulgated, and if such sources must get a permit, they are
subject to this regulation.

		(c)	All stationary sources and stationary source categories that would
be subject to this regulation solely because they are subject to 40 CFR
Part 60, Subpart AAA (Standards of Performance for New Residential Wood
Heaters).

		(d)	All stationary sources and stationary source categories that would
be subject to this regulation solely because they are subject to 40 CFR
Part 61, subpart M (National Emission Standard for Hazardous Air
Pollutants for Asbestos, Section 61.145, Standard for Demolition and
Renovation).

		(e)	A stationary source is not required to pay a fixed fee and an
annual emissions fee solely because it is subject to regulations or
requirements under Section 112 (r) of the Act.

	28.2.3	Stationary sources that emitted or had the potential to emit any
air pollutants in excess of the thresholds for a major source as defined
in 28.1.11 at any time since 1 January 1990, shall be presumed to be a
major source.

		The owner or operator of a stationary source can rebut this
presumption by presenting evidence to demonstrate to the satisfaction of
the Division that the potential to emit of the stationary source has
been reduced by means of a physical change or change in the method of
operation of the stationary source.

28.3	Requirement to Pay a Fee

	28.3.1	Any owner or operator of a stationary source subject to the
provisions of this regulation shall pay a fee to the Department of
Environmental Management.

	28.3.2	Stationary sources required to obtain an operating permit
pursuant to Air Pollution Control Regulation No. 29 shall pay a fee in
accordance with Subsection 28.4.1-28.4.4.

	28.3.3	Stationary sources that apply for an emissions cap pursuant to
Air Pollution Control Regulation No. 29 shall pay the applicable fees in
subsection 28.4.1 - 28.4.4 due prior to the date the emissions cap
application is submitted and shall pay an application fee. Those sources
which are granted emissions caps shall pay an annual
compliance/assurance fee.  The annual compliance/assurance fee shall be
paid to the Department of Environmental Management and is in lieu of
that required by subsection 28.4.2-28.4.4.

	28.3.4	 Failure to pay any of the fees required in this regulation
shall be a violation of this regulation.

28.4	Fee Determination

	28.4.1	 Fixed fee due 1 February 1995:

		ACTUAL EMISSIONS				  FEE

		< 10 tons per year					$ 207

		$ 10 tons per year < 20 tons per year			$ 488

		$ 20 tons per year < 50 tons per year			$ 845

		$ 50 tons per year					$ 1503

	28.4.2	 Fixed fee due 1 July 1995:

		ACTUAL EMISSIONS:				  FEE

		< 10 tons per year					$ 372

		$ 10 tons per year < 20 tons per year			$ 880

		$ 20 tons per year < 50 tons per year			$ 1524

		$ 50 tons per year					$ 2709

Fixed fee due 1 January 1996:

ACTUAL EMISSIONS:	FEE

	< 10 tons per year	$ 480

$ 10 tons per year < 20 tons per year	$ 1134

$ 20 tons per year < 50 tons per year	$ 1962

$ 50 tons per year	$ 3488

	28.4.4	Beginning 1 September 1996, stationary sources shall pay an
annual emissions fee.  Sources whose actual emissions are less than 10
tons per year shall pay a fixed fee. Fees for sources with actual
emissions greater than or equal to 10 tons per year shall be assessed on
a per ton basis. All regulated pollutants shall be assessed at the same
rate.  The Division will determine the fixed fee charge and dollar per
ton fee by 31 January 1996 and 31 January of each subsequent year and
provide public notice of this preliminary fee determination. In all
cases the fee must generate at least enough revenue to cover the direct
and indirect costs of running the Operating Permit Program.  The
Division will determine the final fees by adjusting the preliminary fee
determination to account for any monies that may be carried over from
the previous fiscal year.

	28.4.5	Stationary sources applying for a standard emissions cap shall
pay an application fee of $1100.  Stationary sources applying for a
general emissions cap shall pay an application fee of $250.

	28.4.6	Stationary sources with approved emissions caps shall pay an
annual compliance/assurance fee of $350.

	28.4.7	All fees shall be calculated and assessed based on the actual
emissions of all regulated pollutants from the stationary source. The
following shall be excluded from the calculation of actual emissions:

		(a)	Carbon monoxide;

		(b)	Any pollutant that is a regulated air pollutant solely because it
is a Class I or II substance subject to a standard promulgated under or
established by Title VI of the Act;

		(c)	Any pollutant that is a regulated air pollutant solely because it
is subject to a standard or regulation under section 112(r) of the Act;

		(d)	The amount of a stationary source's actual emissions of each
regulated pollutant that the stationary source emits in excess of four
thousand (4000) tons per year.

		(e)	The actual emissions from any emissions unit that has been listed
as an insignificant activity in Appendix A of Air Pollution Control
Regulation No. 29.

	28.4.8	Actual emissions shall be calculated in accordance with
procedures and methods acceptable to the Division.

	28.4.9	Stationary sources may amend their Air Pollution Inventory Forms
provided the source demonstrates to the satisfaction of the Division
that the original submission was incorrect.  Amended forms must then be
submitted on the date specified by the Division.  The Division may
adjust a source's fee due to amended Air Pollution Inventory forms.

28.5	Payment of Fees

	28.5.1	The fixed fee in subsection 28.4.1 shall be paid on or before 1
February 1995.

	28.5.2	The fixed fee in subsection 28.4.2 shall be paid on or before 1
July 1995.

	28.5.3	The fixed fee in subsection 28.4.3 shall be paid on or before 1
January 1996.

	28.5.4	The annual emissions fee in subsection 28.4.4 shall be paid on
or before 1 September of each year beginning in 1996 and shall be based
on emissions for the most recent calendar year inventory for which the
Division has completed emission calculations.  In no event shall the
calendar year inventory be more than four years older than the fiscal
year for which fees are being assessed.  Stationary sources with an
annual emission fee of $5,000 (five thousand dollars) or greater may
elect to make four equal quarterly payments. Quarterly payments shall be
submitted on or before the dates listed in the following schedule:

								Date Payment Due

			1st Quarterly Payment			September 1

			2nd Quarterly Payment		December 1

			3rd Quarterly Payment			March 1

			4th Quarterly Payment			June 1

	28.5.5	The application fee in subsection 28.4.5, for stationary sources
applying emissions caps, shall be paid at the time the application for
an emissions cap is submitted to the Department.

	28.5.6	The compliance/assurance fee in subsection 28.4.6 shall be paid
on or before 1 September of each year beginning in 1996.

	28.5.7	A form supplied by the Department shall be used when submitting
all payments.

	28.5.8	All fees shall be remitted to the Rhode Island Department of
Environmental Management - Office of Business Affairs, 22 Hayes Street,
Providence, Rhode Island in the form of a check or money order and made
payable to General Treasurer, State of Rhode Island.

	28.5.9	The Department will deposit all fees required by this regulation
in the Clean Air Operating Permit Fee Fund.  The Fund shall be
non-lapsing and shall be dedicated solely for use by the Department in
administering the operating permit program required under the Clean Air
Act.  Monies in the fund may be used to hire and fund positions and
procure necessary equipment and services adequate to perform the
functions of the Department in administering the provisions of the
operating permit program.

28.6	Penalties

	28.6.1	 Stationary sources that fail to submit complete Air Pollution
Inventory Forms, in the time frame specified by the Department, will be
required to pay an annual emissions fee based on potential emissions.

	28.6.2	 Notwithstanding any enforcement action, the stationary source
shall be subject to a late payment charge of:

		(a)	Ten percent (10%) of the fee due for payments postmarked more than
seven (7) or less than thirty (30) days late, and

		(b)	Twenty percent (20%) of the fee due for payments postmarked on or
over thirty (30) days late.

	28.6.3	 All fees and late charges paid pursuant to the requirements of
this regulation shall be non-refundable.

General Provisions

Purpose

The purpose of this regulation is to establish a fee system for the
operating permits program.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Operating Permit Fees”, as amended, after
due notice, is hereby adopted and filed with the Secretary of State this
_29th_ day of __June______, 2007_ to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-23, 42-35,
42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	  March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

Page   PAGE  9  of 9


Note to Docket EPA-HQ-OW-2017-0300
Stakeholder Briefing on the Proposed Lead and Copper Rule Revisions

On November 5, 2019 the EPA participated a regulatory briefing by phone for the Association of State and Territorial Health Officials on the proposed revisions to the National Primary Drinking Water Regulation (NPDWR) for Lead and Copper (LCR). The purpose of the briefing was to provide an overview of the proposed rule and alternatives and to allow participants to ask clarifying questions. Participants were advised that comments must be submitted to the docket during the public comment period.

The EPA provided an overview of the following topics of the LCR proposal:
    Six Key Areas of the Proposed Revisions
    Background and Regulatory History
    Health Effects
    Proposed LCR Requirements
      o Action Level/Trigger Level
      o Tap Sampling
      o Corrosion Control Treatment
      o Notification and Public Education
      o Lead Service Line Replacement
      o Small System Flexibility
      o School and Childcare Facility Testing and Education
      o Alternative LCR Revisions Considered
:: Next steps

Participants sought clarification on the following topics:
      Improvement of communication around the regulatory levels for lead given the confusion created with the statement that there is no safe level of lead.
      Suggestion to convene with ATSDR to refine that messaging.
      Modeled impacts of lead in drinking water and an elevated blood lead level.
      Use of IEUBK model to demonstrate that impacts are small under exposure of 5 ppb.
      Suitability of IEUBK for children but not adults

Attendees/Organization
      Nick Porter (Association of State and Territorial Health Officials)
      State attendees: ME, MA, SC, FL, IN, OH, MI, WI, OK, KS, IA, AZ, HI, OR
      This list represents a partial accounting of the meeting participants.

Attendees/EPA
 Eric Burneson
 Erik Helm
 Michael Goldberg


[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32131-32135]
[FR Doc No: 2013-12514]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0712; FRL-9817-1]

Revision to the Washington State Implementation Plan; Tacoma-
Pierce County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions
submitted by the Washington Department of Ecology (Ecology) dated
November 28, 2012. The EPA's final rulemaking approves two revisions to
the SIP. First, the EPA is approving the ``2008 Baseline Emissions
Inventory and Documentation'' included as Appendix A to the SIP
revision. The emissions inventory was submitted to meet Clean Air Act
(CAA) requirements related to the Tacoma-Pierce County nonattainment
area for the 2006 fine particulate matter (PM2.5) National
Ambient Air Quality Standard

(NAAQS). Second, the EPA is approving updated rules submitted by
Ecology on behalf of the Puget Sound Clean Air Agency (PSCAA),
contained in Appendix B, ``SIP Strengthening Rules.'' The updated PSCAA
rules help implement the recommendations of the Tacoma-Pierce County
Clean Air Task Force, an advisory committee of community leaders,
citizen representatives, public health advocates, and other affected
parties, formed to develop PM2.5 reduction strategies.

DATES: This final rule is effective June 28, 2013.

ADDRESSES: EPA has established a docket for this Action under Docket ID
No. EPA-R10-OAR-2012-0712. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information the disclosure of which is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. EPA requests that if
at all possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206)
553-0256, email address<EMAIL_ADDRESS>or the above EPA, Region 10
address.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials ``Act'' or ``CAA'' mean or refer to the
Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA'', ``we'', ``us'' or our mean or refer to the
United States Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of
Washington.

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. Background Information

    Detailed information on the history of the PM2.5 NAAQS
as it relates to the Tacoma-Pierce County nonattainment area is
included in the EPA's proposal for this action (78 FR 4804, January 23,
2013). As discussed in the proposal, on September 4, 2012, the EPA
published a final ``clean data'' determination of attainment, based
upon complete certified ambient air monitoring data showing that the
Tacoma-Pierce County nonattainment area met the 2006 PM2.5
NAAQS for the 2009-2011 monitoring period (77 FR 53772). Since the
determination, monitored PM2.5 levels continue to decline in
the Tacoma-Pierce County nonattainment area. Monitoring data for 2010-
2012 show a preliminary design value of 28 [micro]g/m\3\.\1\
---------------------------------------------------------------------------

    \1\ A design value is a three year average used to determine
compliance with the 2006 PM2.5 24-hour NAAQS of 35
[micro]g/m\3\. Final design values generally are certified in June
or July after a complete quality assurance and quality control
process.
---------------------------------------------------------------------------

    The clean data determination suspended the obligation for the State
of Washington to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and other SIP revisions related to
attainment of the standard for so long as the nonattainment area
continues to meet the 2006 PM2.5 NAAQS. However, a clean
data determination does not suspend the obligation under CAA section
172(c)(3) for submission and approval of a comprehensive, accurate, and
current inventory of actual emissions. Accordingly, Ecology submitted
Appendix A, titled ``2008 Baseline Emissions Inventory and
Documentation,'' of its November 28, 2012, SIP revision to meet the
emissions inventory obligation under CAA section 172(c)(3). Ecology
also submitted Appendix B of the SIP revision, titled ``SIP
Strengthening Rules,'' which contained the most recent version of
Regulation 1--Article 13: Solid Fuel Burning Device Standards, adopted
by the Puget Sound Clean Air Agency Board on October 25, 2012, imposing
more stringent standards to control PM2.5 emissions from
wood smoke. The EPA proposed to approve both Appendix A and Appendix B
of Washington's November 28, 2012, SIP revision consistent with
sections 110 and 172 of the CAA.

II. Response to Comments

    The EPA received no comment on its proposed approval of Appendix B.
On February 22, 2013, EPA received one comment on its proposed approval
of Appendix A. This comment, submitted by Mr. Robert Ukeiley on behalf
of Sierra Club, focused on the potential impact of coal export
terminals proposed for the Pacific Northwest. The commenter wrote that
Ecology's 2008 Baseline Emissions Inventory does not sufficiently
address potential impacts as they relate to current or future shipments
of coal via rail through the Tacoma-Pierce County nonattainment area.
The EPA is responding to this comment in two parts: (1) Comment on
Fugitive Coal Dust Emissions; and (2) Comment on Railroad Emission
Calculations.

A. Comment on Fugitive Coal Dust Emissions

    Comment: The commenter wrote that Ecology's 2008 Baseline Emissions
Inventory does not meet the CAA section 172(c)(3) requirement which
states that, ``[s]uch plan provisions shall include a comprehensive,
accurate, current inventory of actual emissions from all sources of the
relevant pollutant or pollutants in such area, including such periodic
revisions as the Administrator may determine necessary to assure the
requirements of this part are met.'' Specifically, the commenter wrote
that the 2008 Baseline Emissions Inventory is not comprehensive because
it did not account for fugitive coal dust emissions from coal trains
that may have transited through the nonattainment area. The commenter
also requests that ``[i]f the current fugitive coal dust emissions are
zero because there are no coal trains traveling through the Tacoma
nonattainment area, then the inventory should say that.''
    Response: As noted in the proposal for this action, the EPA
referred to the August 2005 ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulations'' (hereafter ``emissions inventory guidance'' or
``guidance''), to assess the adequacy of Washington's submission. The
guidance covers several elements related to this comment. First, the
mobile source section in the guidance contains no discussion or
requirement for calculating fugitive dust from locomotive payloads.
Instead, fugitive dust emissions from all source categories are
discussed in section 5.4 of the guidance addressing nonpoint sources.
The guidance states, ``[n]onpoint sources are generally described as
those sources that are too small, numerous, or difficult to be
inventoried individually. Potential nonpoint sources of emissions are
given

in Table 5.4-1 and potential crustal (dust) sources of PM emissions are
in Table 5.4-2. These tables are presented as guides to assist State,
local and Tribal agencies in focusing their nonpoint source emission
inventory efforts.'' The guidance goes on to state, ``[t]he State,
local and Tribal agencies may want to concentrate their efforts on the
most significant source categories.'' The guidance acknowledges that
States cannot individually inventory all nonpoint source emissions, but
should use the best available data to inform which nonpoint source
categories to focus on in creating a comprehensive and accurate
inventory of actual emissions.
    As part of the effort to focus on the most significant source
categories, Ecology conducted extensive speciation analysis included in
the docket for the EPA's proposed action, see Sources of Fine Particles
in the Wapato Hills-Puyallup River Valley PM2.5 Nonattainment Area (the
name formerly used for the Tacoma-Pierce County nonattainment area),
April 2010. Speciation analysis, also called receptor modeling or
source apportionment, is a method of using chemical signatures from
monitoring samples to determine both the types of emission sources
impacting a monitor and the magnitude of those source impacts. The
study examined monitoring samples from 2006 to 2009 and used chemical
signature information to identify the relevant emission sources.
Ecology determined that 4% of PM2.5 annually in the Tacoma-
Pierce County nonattainment area originated from the combination of all
fugitive dust sources. To put this number in perspective, the
contribution from fugitive dust was only slightly greater than the
PM2.5 contribution from sea salt. The percent contribution
from fugitive dust was also found to be the lowest during winter months
when violations of the 2006 PM2.5 standard occur. From an
analysis of fugitive dust impacts and wind direction, Ecology concluded
that the majority of the PM2.5 related fugitive dust was
likely re-suspended dust from on-road motor vehicle traffic and
fugitive emissions from a gravel operation near the monitoring site.
Ecology's speciation analysis for the one violating Tacoma monitor on
South L Street concluded by stating, ``[f]ugitive dust was poorly
correlated with total PM2.5 mass (r2 = 0.19) indicating that
its influence on the measured total mass was not significant.''
    As described above, the 2005 emissions inventory guidance
recognizes that agencies may need to concentrate their efforts on the
most significant source categories, and the closely related regulations
at 40 CFR 51.20 for reporting under the National Emissions Inventory
(NEI) also state, ``[n]onpoint source categories or emission events
reasonably estimated by the State to represent a de minimis percentage
of total county and State emissions of a given pollutant may be
omitted.'' Based on Ecology's analysis of fugitive dust impacts on 2006
PM2.5 concentrations in the area, the EPA agrees with
Ecology that fugitive dust emissions from railroad transport of coal do
not constitute a significant source category for the 2008 Baseline
Emissions Inventory. To the extent that the commenter raises issues
related to coal export proposals that may impact the Tacoma-Pierce
County nonattainment area in the future, or to the calculation of
changes to the emission sources after 2008, the EPA has determined that
these questions are beyond the scope of the 2008 Baseline Emissions
Inventory. The inventory required under section 172(c)(3) does not
require submission or assessment of future emissions.
    The EPA also concludes that the 2008 Baseline Emissions Inventory
accurately represents the emission sources that led to the EPA's
nonattainment designation for Tacoma-Pierce County in 2009. In
particular, the inventory informed and helped support development of
the residential wood smoke control measures approved in this action. In
2008, residential wood combustion represented 74% of all emissions
during the critical winter season, well above all other emission
sources. To the extent that the mix of emission sources may change over
time from the 2008 Baseline Emissions Inventory, the EPA believes these
changes are best addressed as part of the maintenance plan inventory
process to ensure continued compliance with the NAAQS, or as part of
the attainment planning requirements that would become applicable
should the area not continue in attainment. In response to the concerns
raised by the commenter, the EPA independently analyzed publicly
available data from the speciation monitor and found no evidence of
increasing fugitive dust trends from 2008 to 2011. See Tacoma PMF Soil
Results, included in the docket for this action. As noted previously,
monitored PM2.5 levels in the nonattainment area continue to
decline below the level of the NAAQS. For the reasons stated above, the
EPA has determined that Ecology's 2008 Baseline Emissions Inventory is
consistent with applicable guidance and satisfies the requirement of
CAA section 172(c)(3).

B. Comment on Railroad Emission Calculations

    Comment: The commenter notes that Ecology's 2008 Baseline Emissions
Inventory submission includes only a summary of emissions from railroad
locomotive diesel consumption, without the corresponding background
information used to calculate the estimates. The commenter states that
the background information is necessary for both public understanding
and for future conformity obligations under the CAA.
    Response: Since emission control measures for railroad locomotive
traffic are generally formulated and managed at the federal level, it
is understandable that the State SIP submission would include summary
data rather than a more elaborate discussion of underlying data.
Ecology did include an extensive explanation of the underlying data for
the predominant source categories, such as residential wood combustion,
which comprises 74% of the winter time inventory. By contrast,
emissions from all nonroad vehicles and engines, including railroad
locomotives, account for only 5% of wintertime inventory. Moreover,
although Ecology included only summary results for railroad emissions,
it clearly referenced the documentation used in calculating the final
railroad diesel emissions, listed as endnotes 26, 27, and 28 in the
2008 Baseline Emissions Inventory SIP submission. These documents were
available from Ecology and the EPA during the comment period, and
remain available for public review. Neither the EPA nor Ecology has
received a request for these documents. For the convenience of the
reader these background documents have been added to the docket for
this action.
    The comment only questions the level of detail in the discussion of
the locomotive emission calculations and states that a comprehensive
and accurate emissions inventory must provide figures of gallons of
diesel consumed and emission factors or other calculations used in the
emissions estimates. The availability of the additional detail
requested by the comment is described above. Specifically, the emission
factors were based on standard EPA emission factors for locomotives and
fuel consumption data was provided by the rail freight carriers
operating in the area. As the comment notes, these data are part of the
comprehensive and accurate emissions inventory required by section
172(c)(3), and were appropriately relied upon by Ecology to calculate
diesel emissions from locomotives. The EPA

independently calculated the locomotive emissions estimates based on
the information referenced in endnotes 26, 27, and 28 of the State's
emissions inventory SIP submission, and obtained results that were
consistent with the State's (see EPA review of emission
calculations.xlsx).
    To the extent that the commenter raises issues related to future
conformity determinations or potential coal export proposals that may
impact the Tacoma-Pierce County nonattainment area in the future, or to
the calculation of changes to the emission sources after 2008, the EPA
has determined that these questions are beyond the scope of the 2008
Baseline Emissions Inventory and the requirements of section 172(c)(3).

III. Final Action

    The EPA has determined that Washington's SIP revisions, dated
November 28, 2012, are consistent with sections 110 and 172 of the CAA.
Therefore, we are approving the SIP revisions, specifically Appendix A,
``2008 Baseline Emissions Inventory and Documentation'' and Appendix B,
``SIP Strengthening Rules.''

IV. Statutory and Executive Orders Review

    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
rule neither imposes substantial direct compliance costs on tribal
governments, nor preempts tribal law. Therefore, the requirements of
section 5(b) and 5(c) of the Executive Order do not apply to this rule.
Consistent with EPA policy, the EPA nonetheless provided a consultation
opportunity to the Puyallup Tribe in a letter dated December 11, 2012.
The EPA did not receive a request for consultation.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 July 29, 2013. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Visibility, and Volatile organic compounds.

    Dated: May 13, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.

    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 WW--Washington

0
2. Section 52.2470 is amended:
0
a. In paragraph (c) Table 4 by revising entries 13.01 through 13.05,
adding in numerical order entry 13.06, and revising entry 13.07.
0
b. In paragraph (e) by adding a heading for ``Recently Approved Plans''
and a new entry for ``Particulate Matter (PM2.5) 2008
Baseline Emissions Inventory and SIP Strengthening Rules'' at the end
of the table.

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                                Table 4--Puget Sound Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State adopted
          State citation              Title/subject          date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Regulation 1--Article 13: Solid Fuel Burning Device Standards
----------------------------------------------------------------------------------------------------------------
13.01............................  Policy and Purpose.        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.02............................  Definitions........        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.03............................  Opacity Standards..        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.04............................  Allowed and                10/25/12  5/29/13 [Insert      ...................
                                    Prohibited Fuel                      page number where
                                    Types.                               the document
                                                                         begins].
13.05............................  Restrictions on            10/25/12  5/29/13 [Insert      ...................
                                    Operation of Solid                   page number where
                                    Fuel Burning                         the document
                                    Devices.                             begins].
13.06............................  Emission                   10/25/12  5/29/13 [Insert      ...................
                                    Performance                          page number where
                                    Standards.                           the document
                                                                         begins].
13.07............................  Prohibitions on            10/25/12  5/29/13 [Insert      ...................
                                    Wood Stoves that                     page number where
                                    are not Certified                    the document
                                    Wood Stoves.                         begins].

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

* * * * *
    (e) * * *

                   State of Washington Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision          geographic or     State submittal   EPA approval date         Comments
                                   nonattainment area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Recently Approved Plans
----------------------------------------------------------------------------------------------------------------
Particulate Matter (PM2.5) 2008   Tacoma, Pierce             11/28/12   5/29/13 [Insert      ...................
 Baseline Emissions Inventory      County.                               page number where
 and SIP Strengthening Rules.                                            the document
                                                                         begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-12514 Filed 5-28-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53894]
[DOCID:fr17se08-118]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1763-DR]

Iowa; Amendment No. 21 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related
determinations.

DATES: Effective Date: September 8, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 8, 2008, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5207 (the Stafford Act), in a letter to R. David Paulison,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, as follows:

    I have determined that the damage in certain areas of the State
of Iowa resulting from severe storms, tornadoes, and flooding during
the period of May 25 to August 13, 2008, is of sufficient severity
and magnitude that special cost sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206
(the Stafford Act).
    Therefore, I amend my declarations of May 27, 2008, and June 30,
2008, to authorize Federal funds for all categories of Public
Assistance at 90 percent of the total eligible costs.
    This adjustment cost sharing applies only to Public Assistance
costs and direct Federal assistance eligible for such adjustments
under applicable law. The Robert T. Stafford Disaster Relief and
Emergency Assistance Act specifically prohibits a similar adjustment
for funds provided for Other Needs Assistance (Section 408), and the
Hazard Mitigation Grant Program (Section 404). These funds will
continue to be reimbursed at 75 percent of total eligible costs.

    This cost share is effective as of the date of the President's
major disaster declaration.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21659 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Pages 10261-10263]
[FR Doc No: 2021-03370]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-45-000]

Florida Gas Transmission Company, LLC; Notice of Application and
Establishing Intervention and Protest Deadline

    Take notice that on January 29, 2021, Florida Gas Transmission
Company, LLC (Florida Gas), 1300 Main Street, Houston, Texas 77002,
filed in the above referenced docket, an abbreviated application
pursuant to section 7(c) of the Natural Gas Act (NGA) and Parts 157 and
284 of the Federal Energy Regulatory Commission's regulations, for
authorization to (1) construct two segments of 36-inch-diameter
mainline loop extensions totaling 3.2 miles and relocate two associated
pig receiver stations in Calhoun and Jefferson Counties, Florida; and
(3) uprate a total of 8,000 additional HP distributed among the
existing compressor stations

CS 12, CS 14, CS 15, and CS 24 located in Santa Rosa, Gadsden, Taylor,
and Gilchrist Counties, Florida (Big Bend Project). Florida Gas states
that the project will generate 29,000 MMBtu/d of firm transportation
service to the Tampa Electric Company's electric generation plant in
Hillsborough County, Florida. Florida Gas estimates the total cost of
the project to be $37,527,398 and proposes rolled-in rate treatment,
all as more fully set forth in the application which is on file with
the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Blair Lichtenwalter, Senior Director of Certificates, Florida Gas
Transmission Company, LLC, 1300 Main Street, Houston, Texas 77002, or
call<PHONE_NUMBER>, or fax<PHONE_NUMBER>, or by email
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or 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) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or 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 or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
---------------------------------------------------------------------------

Water Quality Certification

    Applicant stated that a water quality certificate under section 401
of the Clean Water Act is required for the project from Florida
Department of Environmental Protection (FDEP), Northwest District. The
request for certification must be submitted to the certifying agency
and to the Commission concurrently. Proof of the certifying agency's
receipt date must be filed no later than five (5) days after the
request is submitted to the certifying agency.

Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on March 5, 2021. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is March 5, 2021. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \4\18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is March 5, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before March 5, 2021. The filing of a comment alone will not
serve to make the filer a party to the

proceeding. To become a party, you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP21-45-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''.
    The Commission's eFiling staff are available to assist you at (202)
502-8258 or [email protected]
    (2) You can file a paper copy of your submission. Your submission
must reference the Project docket number CP21-45-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To mail via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Protests and motions to intervene must be served on the applicant
either by mail at: 1300 Main Street, Houston, Texas 77002 or email
(with a link to the document) at:
<EMAIL_ADDRESS>Any subsequent submissions by
an intervenor must be served on the applicant and all other parties to
the proceeding. Contact information for parties can be downloaded from
the service list at the eService link on FERC Online.

Tracking The Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on March 5, 2021.

    Dated: February 12, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-03370 Filed 2-18-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 65027-65030]
[FR Doc No: 2013-25646]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70753; File No. SR-OCC-2013-17]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change Concerning Charters for the
Board of Directors, the Membership/Risk Committee, the Audit Committee
and the Performance Committee

October 24, 2013.
    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 17, 2013, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by OCC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change concerns the charters of OCC's Board of
Directors (``Board Charter'') and the Membership/Risk Committee (``MRC
Charter''), Audit Committee (``AC Charter'') and Performance Committee
(``PC Charter'') of OCC's Board of Directors (collectively, the
``Committee Charters'').\3\
---------------------------------------------------------------------------

    \3\ The Board Charter was adopted by the Board of Directors on
March 7, 2013. Prior versions existed of the MRC Charter, AC Charter
and PC Charter. Each of these Committee Charters were reviewed and
amended in 2012 with the MRC Charter being further amended in 2013.
The 2013 amendment provided that a Public Director would Chair the
Membership/Risk Committee. See Securities Exchange Act Release No.
70486 (September 24, 2013), 78 FR 59994 (September 30, 2013) (SR-
OCC-2013-12). OCC has not previously submitted the Board Committee
Charters as rule changes pursuant to Section 19(b) of the Exchange
Act, 15 U.S.C. 78s(b), and Rule 19b-4 thereunder, 17 CFR 240.19b-4,
but is now doing so in light of recently provided guidance by the
Commission's staff. Since none of these Charters have been the
subject of prior rule filings, the key terms of each Charter, as
most recently approved by the Board, are described in more detail
below in Item 3.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B) and (C) below, of the most significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose of the Proposed Rule Change
    This proposed rule change concerns the Board, Membership/Risk
Committee (``MRC''), Audit Committee (``AC'') and Performance Committee
(``PC'') Charters.

Board of Directors Charter

    The introduction of the Board Charter reconfirms that oversight of
the management of the business and affairs of OCC is generally vested
in the Board. OCC has not previously adopted a charter for its Board of
Directors (``Board'') because OCC's By-Laws and Rules provide the
framework within which the respective responsibilities of OCC's Board
and management have been defined. The Board Charter does not impose any
new responsibilities on the Board, but rather reflects the longstanding
powers and duties of the Board, as well as underlying practices that
have been developed to aid the Board in meeting its obligations. The
Board's adoption of a Charter at this time reflects a desire to
increase the transparency of the Board's oversight activities for
parties outside of OCC, promote accountability, and to align with
corporate governance best practices.
    The Board Charter would also acknowledge certain parameters
applicable to the membership in and organization of the Board, many of
which are separately provided for in OCC's By-Laws.\4\ The Board
Charter would reflect that the size and composition of the Board and
qualification standards used in the selection of Directors would be
consistent with the corresponding terms of the By-Laws. Actions
concerning the election, resignation, and disqualification of
Directors, and with respect to the tenure of service of each category
of Director, would be required to be taken in accordance with the By-
Laws. The Management Director \5\ and Exchange Directors would be
required to be elected at each annual stockholder meeting and term
limits and the absence of age limits for Directors would be addressed
along with responsibilities of any Management or Member Vice Chairman.
---------------------------------------------------------------------------

    \4\ The Board Charter contains cross-references to such
applicable provisions of OCC's By-Laws. For ease of readability,
those cross-references have not been repeated in this Item 3.
    \5\ Pursuant to a recent OCC rule change that has been approved
by the Commission, but not yet implemented by OCC, the office of
Chairman of OCC will be split into two offices, Executive Chairman
and President. Each of the Executive Chairman and the President will
be elected as Management Directors by the stockholders at each
annual stockholder meeting. See File No. SR-OCC-2013-09, 78 FR 47449
(Aug. 5, 2013).
---------------------------------------------------------------------------

    The Board Charter would address certain aspects of the membership
and organization of the Board with respect to meetings. The Board would
meet a minimum of five times each year with special meetings called
pursuant to the By-Laws.\6\ Expectations concerning participation in
meetings by Directors would be set out and the Chairman of the Board
would be required to set the agenda in consultation with the President
and the Secretary.
---------------------------------------------------------------------------

    \6\ The Chairman would be permitted to ask OCC management or
others to attend meetings and to provide pertinent information and
the Board would be permitted to call executive sessions from which
OCC management may be excluded. A majority of the Directors then in
office, but not fewer than six Directors, would constitute a quorum
for the conduct of business of the Board.
---------------------------------------------------------------------------

    The Board Charter would provide that the Board is authorized to
make inquiries as it deems appropriate in the execution of its duties
and may confer with OCC management or employees.\7\ The Board would
elect certain corporate officers annually, as provided for in the By-
Laws.
---------------------------------------------------------------------------

    \7\ The Board Charter would provide that in discharging its
oversight role the Board may hire specialists or rely on outside
advisors or specialists and that it would have the authority to
approve related fees and terms of retention.
---------------------------------------------------------------------------

    The Board would be permitted to form such committees and
subcommittees as it deems appropriate and delegate authority to
committee members.\8\ Chairs of the Board committees would be
determined in accordance with the terms of the applicable committee
charter and any applicable provisions of the By-Laws. Committee
assignments would be annually reviewed and approved by the Board
subject to the By-Laws. Consistent with the requirements applicable to
the Directors serving on the Board, Directors on Board committees would
be expected to meet certain standards of preparation and participation.
---------------------------------------------------------------------------

    \8\ The Board would be required to establish a written charter
for each committee.
---------------------------------------------------------------------------

    As a more detailed expression of the Board's responsibility to act
as a steward of OCC and ensure it has the critical capabilities to
achieve its obligations in a safe, sound, efficient and prudential
manner, the Board Charter would identify specific

functions and responsibilities of the Board.\9\ The Board Charter would
also note that certain functions and responsibilities of the Board are
set forth separately in the By-Laws \10\ and that each Director must
act in good faith in the best interests of OCC and with due regard for
the fiduciary responsibilities owed to OCC. Each Director would also be
required to comply with certain conduct requirements.
---------------------------------------------------------------------------

    \9\ These include the responsibility to oversee: OCC's
governance processes in a manner consistent with the Board Charter;
processes and framework for assessing, managing and monitoring
strategic, financial and operational risk; financial reporting,
auditing, accounting and compliance processes; a system of internal
controls; major capital expenditures; the development and design of
employee compensation, incentive and benefit programs; and
compensation of the Chairman and the President. The Board Charter
would also specifically require the Board to approve and oversee
OCC's business strategies, monitor performance in delivering
clearance and settlement services; foster OCC's processes designed
to ensure compliance with applicable laws and regulations and
conduct business in a legal and ethical manner; assure management
succession; and approve OCC's annual budget and corporate plan.
    \10\ The Charter would identify the Board's responsibility under
the By-Laws to approve applications for clearing membership and
initial contributions to the clearing fund, OCC's fee structure as
well as rebates, discounts and refunds of clearing fees, and
modifications of OCC's By-Laws and Rules. The Board Charter would
also identify the responsibility of the Board to determine
disqualifications from Board service and fill vacancies, elect
corporate officers, conduct hearings in connection with a denial or
suspension of membership; and suspend a clearing member.
---------------------------------------------------------------------------

Committee Charters
    OCC has long maintained Charters for the MRC, AC and PC (each, a
``Committee,'' and collectively, the ``Committees''). Below is a
discussion of the provisions common across all the Committee Charters,
followed by a discussion of each Committee Charter's unique provisions.
    The purpose of the Committee Charters is to describe the role each
Committee plays in assisting the Board in fulfilling its
responsibilities, as described in OCC's By-Laws and Rules, as well as
specify the policies and procedures governing the membership and
organization, scope of authority, and specific functions and
responsibilities of each Committee. The guidelines for the composition
of each Committee, as well as the policies regarding its meeting
schedules, quorum rules, minute-keeping and reporting requirements, are
set forth in each charter and conform to applicable requirements
specified in OCC's By-Laws and Rules. Each Committee, subject to the
direction of the Board, is authorized to act on behalf of the Board
with respect to any matter necessary or appropriate to accomplish the
purpose and responsibilities set forth in its Charter, and is
authorized to further delegate this authority to various subcommittees
that it may form. Each Committee is authorized to make inquiries into
any matter related to its respective purpose and responsibilities \11\
and to confer with OCC's management and other employees as it deems
appropriate. Additionally, the chair of each Committee would be
authorized to act on behalf of its respective Committee in the case
that immediate action is required, and it is impractical to convene
such Committee.\12\
---------------------------------------------------------------------------

    \11\ The Committee Charters further permit each Committee to
hire specialists or rely on outside advisors or specialists to
assist in carrying out the Committee's activities and confirm the
Committee's authority to approve any related terms of retention and
fees. The MRC and PC's authority under these provisions, however, is
subject to Board approval.
    \12\ In such instances, the committee chair must, as soon as
practicable, report any actions taken to its committee for its
ratification.
---------------------------------------------------------------------------

    While each Committee Charter sets forth its own Committee
composition requirements, each requires the inclusion of at least one
Public Director and empowers the Board to remove or replace any
Committee member at any time.
    Each Committee Charter sets forth its own meeting schedule, though
each empowers its respective chairman to call additional meetings as
circumstances dictate. Each Committee Charter specifies that the agenda
for each Committee's meetings would be established by the chairman of
the Committee, or its designee, in consultation with the Secretary and
OCC's management. A majority of the members would constitute a quorum,
and if the chairman is not present at a meeting the members who are
present would designate a member to act as the chairman. All Committees
are permitted to call executive sessions from which guests of such
Committee may be excluded, and Committee members are permitted to
participate in all meetings by conference telephone call or other means
of communication that permit all meeting participants to hear each
other.\13\
---------------------------------------------------------------------------

    \13\ Meeting minutes would be required to be kept and circulated
with the Board.
---------------------------------------------------------------------------

    Each Committee Charter requires the relevant Committee to review
its respective charter annually, with each charter submitted to OCC's
Board for reapproval with any such changes that the relevant Committee
deems advisable.
    The discussion that follows summarizes the key charter provisions
associated with the specific functions of the MRC, AC and PC,
respectively.

The MRC Charter

    The MRC Charter sets forth the MRC's purpose as overseeing OCC's
policies and processes for identifying, addressing and reporting on
strategic, operational and financial risk as well as OCC's enterprise
risk management framework, among other duties, as well as performing
those functions delegated to it in OCC's By-Laws and Rules.\14\ In
addition, the MRC Charter clarifies that it is the MRC's responsibility
to review periodic reports from OCC's enterprise risk management
program and to review and assess that program annually, and that the
MRC must provide a report to the Board of Directors on an annual basis
that summarizes its activities during the past year.\15\
---------------------------------------------------------------------------

    \14\ This oversight by the MRC includes, but is not limited to,
review of material policies and processes concerning: membership
criteria and financial safeguards; member and other counterparty
risk exposure assessments; liquidity requirements and maintenance of
financial resources; risk modeling and assessments; and default
management planning.
    \15\ The MRC may make other reports to the Board of Directors as
it deems appropriate.
---------------------------------------------------------------------------

    The MRC Charter requires the MRC to be composed of OCC's Chairman,
Member Vice Chairman, and three or more other Member Directors
appointed annually by the Board. The MRC is to be chaired by a Public
Director. The MRC Charter requires the MRC to meet at least seven times
a year.
    The MRC Charter sets forth certain responsibilities and functions
for the MRC, including but not limited to, the following: reviewing and
approving or disapproving certain requests from clearing members,
including proposals to become managed clearing members, to expand
clearing activities to include additional account types or products,
and to participate in stock loan programs; periodically reviewing OCC's
initial and ongoing membership requirements and standards; periodically
reviewing and recommending modifications to the inputs to OCC's margin
formula, the methodologies behind margin and clearing fund
requirements, the lists of approved classes of GSE debt securities for
margin deposits, and the applicable haircuts for margin; modifying
margin requirements; reviewing the adequacy and efficacy of and
recommending modifications to OCC's contingency plans for clearing
member failures; periodically reviewing clearing member surveillance
standards, and reviewing and advising management with respect to such
surveillance; periodically reviewing and assessing, and reviewing
reports from, OCC's enterprise risk management program; and performing

such other functions specified in OCC's By-Laws and Rules or delegated
to it by the Board.

The AC Charter

    The AC Charter sets forth the purpose of the AC as assisting the
Board in fulfilling its oversight responsibilities, by serving as an
independent and objective party to oversee OCC's financial reporting
process, system of internal control, and auditing, accounting and
compliance environment and processes. The AC's purpose also includes
overseeing the audit efforts of OCC's independent accountants and the
internal audit department, as well as facilitating open communication
among the independent accountants, financial and senior management,
internal audit department, compliance department and the Board.
    The AC Charter requires that the AC be composed of three or more
directors appointed annually by the Board, each of whom must have a
working familiarity with basic finance and accounting practices. At
least one member, if possible, is required to have accounting or
related financial management expertise. The Board is permitted to
appoint a Chair of the AC, though in the absence of a Board
appointment, the AC should appoint a Chairman by majority vote of the
full AC membership. The AC Charter requires the AC to meet at least
four times a year.
    The AC Charter also assigns specific activities to the AC,
including, but not limited to, the following: appointing, overseeing
and reviewing OCC's independent accountants, and all fees paid to them;
reviewing the annual audit plan, annual internal control attestation
engagement, and the annual audited financial statements and related
reports; approve any decision of OCC's management to appoint or replace
the Chief Compliance Officer; reviewing and approving the Compliance
Charter; assessing the performance and effectiveness of the compliance
program; reviewing and evaluating any annual compliance report that may
as a matter of regulation be certified by the Chief Compliance Officer;
reviewing remediation tracking performed by OCC's compliance department
in connection with regulatory inspection reports and management's
response; reviewing OCC's system to communicate and monitor compliance
with and enforcement of OCC's Code of Conduct and the outcome of
disciplinary actions taken by OCC; and establishing ``whistleblower''
procedures for the reporting by personnel of any concerns regarding
unethical or illegal conduct.

The PC Charter

    The PC Charter sets forth the PC's purpose as assisting the Board
in oversight of OCC's overall performance in promptly and accurately
delivering clearance, settlement and other designated industry services
and in the accomplishment of other periodically-established corporate
goals and objectives given OCC's systemically important status. The PC
is also tasked with recommending compensation for certain OCC officers
and reviewing and approving the structure and design of employee
compensation, incentive and benefit programs.
    The PC Charter requires that the PC be composed of OCC's Chairman,
Member Vice Chairman and three or more other directors appointed
annually by the Board, and that the PC be chaired by OCC's Member Vice
Chairman. The PC Charter states that the PC will generally meet in
advance of each regularly scheduled Board meeting.
    The PC Charter describes the PC's role as one of oversight,
including oversight of management's responsibility to identify,
organize, and manage the operational, systems, technology, financial,
human, and other resources necessary to support OCC's clearance,
settlement and other business activities. The PC Charter sets forth
additional functions and responsibilities including, but not limited
to, the following: regularly scheduled reviews of OCC's Corporate Plan,
Budget, executive performance and compensation, employment contracts,
changes in OCC's fee structure, and special financial matters;
oversight of the administration of OCC's various incentive, bonus,
deferred compensation, retirement and welfare plans; periodic
assessment of succession plans for key executives; oversight of the
compensation, benefits and perquisites of OCC's executive and
management personnel, provided that decisions with respect to the
individual compensation of the Chairman, Management Vice Chairman, and
President shall be made in the form of recommendations to the Board;
and any other activities that are consistent with the PC Charter, as
the PC or the Board may deem necessary or appropriate.
2. Statutory Basis for the Proposed Rule Change
    OCC believes that the proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act \16\ because the Board Charter and
Committee Charters will help ensure that OCC's governance structure is
designed to protect investors and the public interest. By creating a
Board Charter and making certain amendments to the MRC Charter, AC
Charter and PC Charter that clarify the duties and operations of the
Board and its Committees OCC will have, as required under Rule 17Ad-
22(d)(8),\17\ a clear and transparent governance structure that will
fulfill the public interests requirements in Section 17A of the Act,
support the objectives of OCC's owners and participants, and promote
the effectiveness of OCC's risk management procedures.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
    \17\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\18\ This proposed rule change
will help ensure that OCC meets regulatory requirements that it has a
clear and transparent governance structure, as well as clarify the
organization, duties and operation of its Board and Committee, through
the adoption of the Board Charter and updated Committee Charters. To
the extent OCC's clearing members are affected by proposed rule change,
OCC believes that, by clarifying and publishing the terms of the Board
and Committee Charters in the public domain, all of its participants
will have greater certainty concerning OCC's governance arrangements
and that such clarification will facilitate the prompt and accurate
settlement of securities transactions. Accordingly, OCC does not
believe that the proposed rule will it impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

 (C) Clearing Agency's Statement on Comments on the Proposed Rule
Change Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may

designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2013-17 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-OCC-2013-17. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method of submission. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room located
at 100 F Street NE., Washington, DC 20549-1090 on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of OCC and on OCC's Web site at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_13_17.pdf. 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-OCC-
2013-17 and should be submitted on or before November 20, 2013.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-25646 Filed 10-29-13; 8:45 am]
BILLING CODE 8011-01-P