[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 33012-33017]
[FR Doc No: 2014-13312]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72300; File No. SR-MIAX-2014-16]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Exchange Rules To Harmonize the
Language With Certain Rules of the Financial Industry Regulatory
Authority, Inc. (``FINRA'') and Other Exchanges

June 3, 2014.
    Pursuant to the provisions of 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 June 2, 2014, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend its Rules to harmonize
the language with certain rules of the Financial Industry Regulatory
Authority, Inc. (``FINRA'') and other exchanges.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend certain Rules to harmonize the
language with the rules of FINRA and other exchanges, and to make other
conforming and technical changes. Specifically, the Exchange proposes:
(i) To amend Rule 303, Prevention of the Misuse of Nonpublic
Information, to adopt the language of the corresponding rule of another
exchange; (ii) to amend Rule 315, Anti-Money Laundering Compliance
Program, by adding text to paragraphs (c) and (d) which is identical to
text found in FINRA Rule 3310; (iii) to amend Rule 319, to adopt the
language of the corresponding rule of another exchange; (iv) to add a
new Rule 320, Trading Ahead of Research Reports; (v) to amend Rule 610,
Limitation on Dealings, to adopt the language of the corresponding rule
of another exchange; (vi) to amend paragraphs (b) and (d) of Rule 800,
Maintenance, Retention and Furnishing of Books, Records and Other
Information; (vii) to amend Rule 1321, Transfer of Accounts, to
incorporate by reference FINRA Rule 11870, Customer Account Transfer
Contracts; (viii) to amend Rule 1322, Options Communications, to better
align with FINRA Rule 2220; and (ix) to replace the rule text of Rule
1325, Telephone Solicitation, with the rule text from FINRA Rule 3230.
The Exchange anticipates entering into a 17d-2 Agreement with FINRA and
possibly a Regulatory Service Agreement within the near future. The
Exchange believes the proposed changes to harmonize the Exchange rules
with FINRA and other exchanges (which also have such 17d-2 Agreements
and Regulatory Service Agreement with FINRA) should expedite the
process.

    The Exchange proposes to replace Rule 303, Prevention of the Misuse
of Nonpublic Information, in its entirety with the language of the
corresponding rule of another exchange.\3\ The new Rule will provide
that each Member must establish, maintain and enforce written
procedures reasonably designed, taking into consideration the nature of
such Member's business, to prevent the misuse of material, non-public
information by such Member or persons associated with such Member.
Members for whom the Exchange is the Designated Examining Authority
(``DEA'') that are required to file SEC form X-17A-5 with the Exchange
on an annual or more frequent basis must file contemporaneously with
the submission for the calendar year end ITSFEA compliance
acknowledgements stating that the procedures mandated by this Rule have
been established, enforced and maintained. In addition, any Member or
associated person of a Member who becomes aware of a possible misuse of
material, non-public information must notify the Exchange's Regulatory
Department.
---------------------------------------------------------------------------

    \3\ See Proposed Rule 303. See also BATS Rule 5.5.
---------------------------------------------------------------------------

    Interpretations and Policies .01 to proposed Rule 303 provides that
conduct which will be characterized as the misuse of material, non-
public information includes, but is not limited to, the following:
     Trading in any securities issued by a corporation, or in
any related securities or related options or other derivative
securities, while in possession of material, non-public information
concerning that issuer; or
     Trading in a security or related options or other
derivative securities, while in possession of material non-public
information concerning imminent transactions in the security or related
securities; or
     Disclosing to another person or entity any material, non-
public information involving a corporation whose shares are publicly
traded or an imminent transaction in an underlying security or related
securities for the purpose of facilitating the possible misuse of such
material, non-public information.
    Interpretations and Policies .02 to proposed Rule 303 provides that
at minimum each Member must establish, maintain, and enforce the
following policies and procedures:
     All associated persons of the Member must be advised in
writing of the prohibition against the misuse of material, non-public
information; and
     All associated persons of the Member must sign
attestations affirming their awareness of, and agreement to abide by
the aforementioned prohibitions. These signed attestations must be
maintained for at least three years, the first two years in an easily
accessible place; and
     Each Member must receive and retain copies of trade
confirmations and monthly account statements for each account in which
an associated person: has a direct or indirect financial interest or
makes investment decisions. The activity in such brokerage accounts
should be reviewed at least quarterly by the Member for the purpose of
detecting the possible misuse of material, non-public information; and
     All associated persons must disclose to the Member whether
they, or any person in whose account they have a direct or indirect
financial interest, or make investment decisions, are an officer,
director or 10% shareholder in a company whose shares are publicly
traded. Any transaction in the stock (or option thereon) of such
company shall be reviewed to determine whether the transaction may have
involved a misuse of material non-public information. Maintenance of
the foregoing policies and procedures will not, in all cases, satisfy
the requirements and intent of this Rule; the adequacy of each Member's
policies and procedures will depend upon the nature of such Member's
business.
    The Exchange believes that the proposed changes to the Prevention
of the Misuse of Nonpublic Information Rule clarifies activity which it
believes to be inconsistent with just and equitable principles of
trade. Additionally, the Exchange believes the proposed changes will
assist in the prevention of fraudulent and manipulative acts by
providing an appropriate mechanism designed to ensure that material,
non-public information continues to be protected while promoting the
protecting of investors and the public interest.
    The Exchange proposes to amend Rule 315(c) to provide additional
clarity and instruction to Members' regarding independent testing for
compliance and to more closely align the language of the Rule with the
corresponding FINRA Rule 3310.\4\ The proposed rule change will require
``annual (on a calendar year basis)'' independent testing for
compliance of the Member's anti-money laundering program, to be
conducted by the Member's personnel or by a qualified outside party.
Further, the proposed rule change will provide that testing be done on
a periodic basis, ``every two years (on a calendar-year basis),'' if
the Member does not execute transactions for customers or otherwise
hold customer accounts or act as an introducing broker with respect to
customer accounts. Finally, the proposed rule change clarifies that the
individual responsible for implementing and monitoring the program must
be an associated person of the Member. The Exchange believes the
proposed changes to Rule 315(c) will more closely align the Rule with
the corresponding FINRA Rule 3310, and creates a more concise rule
which benefits investors and the public by establishing uniform and
clearly defined time parameters for review. The Exchange proposes to
amend Rule 315(d) to clarify that implementation and monitoring of a
Member's Anti-Money Laundering Compliance Program be performed by an
associated person of the Member. The proposed change to Rule 315(d)
clarifies a Member's obligation for implementing and maintaining its
program and more closely aligns to FINRA Rule 3310.
---------------------------------------------------------------------------

    \4\ See Proposed Rule 315(c). See also FINRA Rule 3310.
---------------------------------------------------------------------------

    The Exchange proposes to replace Rule 319, Proxy Voting, in its
entirety with the language of the corresponding rule of another
exchange, Forwarding of Proxy and Other Issuer-Related Materials; Proxy
Voting.\5\ The new Rule will provide that a Member when so requested by
an issuer and upon being furnished with: (1) Sufficient copies of proxy
material, annual reports, information statements or other material
required by law to be sent to security holders periodically, and (2)
satisfactory assurance that it will be reimbursed by such issuer for
all out-of-pocket expenses, including reasonable clerical expenses,
shall transmit promptly to each beneficial owner of securities (or the
beneficial owner's designated investment adviser) of such issuer which
are in its possession and control and registered in a name other than
the name of the beneficial owner all such material furnished. In the
event of a proxy solicitation, such material shall include a signed
proxy indicating the number of shares held for such beneficial owner
and bearing a symbol identifying the proxy with proxy records
maintained by the Member, and a letter informing the beneficial owner
(or the beneficial owner's designated investment adviser) of the time
limit and necessity for completing the proxy form and forwarding it to
the person soliciting proxies prior to the expiration of the time limit
in order for the shares to be represented at the meeting. In

addition, a Member shall furnish a copy of the symbols to the person
soliciting the proxies and shall also retain a copy thereof pursuant to
the provisions of Exchange Act Rule 17a-4. This paragraph shall not
apply to beneficial owners residing outside of the United States of
America though Members may voluntarily comply with the provisions
hereof in respect of such persons if they so desire. Further, the new
Rule provides that No Member shall give a proxy to vote stock that is
registered in its name, unless: (i) Such Member is the beneficial owner
of such stock; (ii) such proxy is given pursuant to the written
instructions of the beneficial owner; or (iii) such proxy is given
pursuant to the rules of any national securities exchange or
association of which it is a member provided that the records of the
Member clearly indicate the procedure it is following. In addition,
notwithstanding the foregoing, a Member that is not the beneficial
owner of a security registered under Section 12 of the Exchange Act is
prohibited from granting a proxy to vote the security in connection
with a shareholder vote on the election of a member of the board of
directors of an issuer (except for a vote with respect to uncontested
election of a member of the board of directors of any investment
company registered under the Investment Company Act of 1940), executive
compensation, or any other significant matter, as determined by the
Commission, by rule, unless the beneficial owner of the security has
instructed the Member to vote the proxy in accordance with the voting
instructions of the beneficial owner. Notwithstanding the foregoing, a
Member may give a proxy to vote any stock registered in its name if
such Member holds such stock as executor, administrator, guardian,
trustee, or in a similar representative or fiduciary capacity with
authority to vote. A Member that has in its possession or within its
control stock registered in the name of another Member and that desires
to transmit signed proxies pursuant to the provisions of paragraph (a)
of this proposed Rule 319, shall obtain the requisite number of signed
proxies from such holder of record. Notwithstanding the foregoing: (1)
Any Member designated by a named Employee Retirement Income Security
Act of 1974 (as amended) (``ERISA'') Plan fiduciary as the investment
manager of stock held as assets of the ERISA Plan may vote the proxies
in accordance with the ERISA Plan fiduciary responsibilities if the
ERISA Plan expressly grants discretion to the investment manager to
manage, acquire, or dispose of any plan asset and has not expressly
reserved the proxy voting right for the named ERISA Plan fiduciary; and
(2) any designated investment adviser may vote such proxies.
---------------------------------------------------------------------------

    \5\ See Proposed Rule 319. See also BATS Rule 13.3.
---------------------------------------------------------------------------

    Interpretations and Policies .01 to proposed Rule 319 provides that
for purposes of this Rule, the term ``designated investment adviser''
is a person registered under the Investment Advisers Act of 1940, or
registered as an investment adviser under the laws of a state, who
exercises investment discretion pursuant to an advisory contract for
the beneficial owner and is designated in writing by the beneficial
owner to receive proxy and related materials and vote the proxy, and to
receive annual reports and other material sent to security holders. For
purposes of this Rule, the term ``state'' shall have the meaning given
to such term in Section 202(a)(19) of the Investment Advisers Act (as
the same may be amended from time to time). The written designation
must be signed by the beneficial owner; be addressed to the Member; and
include the name of the designated investment adviser. Members that
receive such a written designation from a beneficial owner must ensure
that the designated investment adviser is registered with the SEC
pursuant to the Investment Advisers Act, or with a state as an
investment adviser under the laws of such state, and that the
investment adviser is exercising investment discretion over the
customer's account pursuant to an advisory contract to vote proxies
and/or to receive proxy soliciting material, annual reports and other
material. Members must keep records substantiating this information.
Beneficial owners have an unqualified right at any time to rescind
designation of the investment adviser to receive materials and to vote
proxies. The rescission must be in writing and submitted to the Member.
The Exchange believes that the proposed changes to the proxy voting
Rule will provide a clearer framework for Members to handle proxy
related materials in a manner that is designed to prevent fraudulent
and manipulative acts and practices, and to promote the protection of
investors and the public interest. The Exchange notes that the proposed
changes will also bring the Exchange's Rule more closely aligned with
that of FINRA.\6\
---------------------------------------------------------------------------

    \6\ See FINRA Rule 2251.
---------------------------------------------------------------------------

    The Exchange proposes to add Rule 320, to incorporate the language
of FINRA Rule 5280, Trading Ahead of Research Reports.\7\ The proposed
Rule 320 contains two provisions, paragraph (a) and (b), pertaining to
trading and research reports. Paragraph (a) stipulates that a Member
may not change its position in a security based upon non-public advance
knowledge of information contained in a research report. Specifically,
no Member shall establish, increase, decrease or liquidate an inventory
position in a security or a derivative of such security based on non-
public advance knowledge of the content or timing of a research report
in that security. Paragraph (b) stipulates that a Member must establish
and enforce policies and procedures which are designed to restrict the
flow of information between research department personnel and trading
department personnel. Specifically, Members must establish, maintain
and enforce policies and procedures reasonably designed to restrict or
limit the information flow between research department personnel, or
other persons with knowledge of the content or timing of a research
report, and trading department personnel, so as to prevent trading
department personnel from utilizing non-public advance knowledge of the
issuance or content of a research report for the benefit of the Member
or any other person. The Exchange believes the addition of Rule 320
benefits investors and the public by establishing specific parameters
concerning a Members' trading activity in a security and the timing of
Research Reports related to that security. The Exchange also believes
that adopting the language of FINRA helps to ensure that Members have
the same obligations to comply under the Exchange Rules as they do
under FINRA rules.\8\
---------------------------------------------------------------------------

    \7\ See Proposed Rule 320. See also FINRA Rule 5280.
    \8\ The Exchange intends that MIAX Rule 320 be interpreted and
applied in the same manner as FINRA interprets and applies FINRA
Rule 5280, including the application of any associated Notice to
Members, or rules, that FINRA uses to interpret FINRA Rule 5280. See
Rule 200(c)(7). MIAX Rule 200(c)(7) provides that, ``[e]very
Applicant must have and maintain membership in another registered
options exchange (that is not registered solely under Section 6(g)
of the Exchange Act). If such other registered options exchange has
not been designated by the Commission, pursuant to Rule 17d-1 under
the Exchange Act, to examine Members for compliance with financial
responsibility rules, then such Applicant must have and maintain a
membership in FINRA.''
---------------------------------------------------------------------------

    The Exchange proposes to replace Rule 610, Limitations on Dealings,
in its entirety with the language of the corresponding rule of another
exchange.\9\ The new Rule will provide that no Member, other than a
Market

Maker acting pursuant to Rule 603, limited partner, officer, employee,
approved person(s) approved [sic], who is affiliated with a Market
Maker or Member, shall, during the period of such affiliation, purchase
or sell any option in which such Market Maker is appointed for any
account in which such person(s) has a direct or indirect interest. Any
such person(s) may, however, reduce or liquidate an existing position
in an option in which such Market Maker is appointed provided that such
orders are (i) identified as being for an account in which such
person(s) has a direct or indirect interest; (ii) approved for
execution by an Exchange Official; and (iii) executed by the Market
Maker in a manner reasonably calculated to contribute to the
maintenance of price continuity with reasonable depth. No order entered
pursuant to Rule 610(a) shall be given priority over, or parity with,
any order represented in the market at the same price. Notwithstanding
the provisions of Rule 603, an approved person or Member that is
affiliated with a Market Maker shall not be subject to Rule 610(a),
provided it has obtained Exchange approval of procedures restricting
the flow of material non-public corporate or market information between
itself and the Market Maker and any Member, officer, or employee
associated therewith. For such Member that controls, is controlled by,
or is under common control with another organization, the exemption
provided in Subsection (b) of Rule 610 shall be available to it only
where the Exchange has determined that the relationship between the
Market Maker, each person associated therewith, and such other
organization satisfies all the conditions specified in the Exemption
Guidelines. In addition, the following restrictions apply to a Member
that is affiliated with a Market Maker. The Member may not: Purchase or
sell for any account in which it has a direct or indirect interest in
any security in which its affiliate is a Market Maker; engage in any
business transaction with the issuer of a security or its insiders in
which its affiliate is a Market Maker; or accept orders directly from
the issuer, its insiders or certain designated parties in securities in
which its affiliate is a Market Maker.
---------------------------------------------------------------------------

    \9\ See Proposed Rule 610. See also NYSE Arca Rule 6.83; NYSE
MKT Rule 927.3NY.
---------------------------------------------------------------------------

    Further, the Exchange proposes Exemption Guidelines which provides
a means by which an affiliated firm doing business with the public as
defined in Rule 203 (hereafter ``Member'') may obtain an exemption from
the restrictions discussed in Rule 610 above. This exemption is only
available to a Member that obtains prior Exchange approval for
procedures restricting the flow of material non-public information
between it and its affiliated Market Maker, (i.e., so-called ``Chinese
Wall'' procedures). The Exemption Guideline subsection sets forth the
steps a Member must undertake, at a minimum, to seek to qualify for
exemptive relief. Any firm that does not obtain Exchange approval for
its procedures in accordance with these Guidelines shall remain subject
to the restrictions set forth in Rule 610 described above.
    The Exchange believes that the proposed changes to the information
barrier rule clarify activity which it believes to be inconsistent with
just and equitable principles of trade. The Exchange believes that the
proposed information barrier rule is more precise and prescriptive than
the current rule regarding which activities are prohibitive and what
constitutes an adequate information barrier between Market Makers and
affiliated order flow providers. The proposed rule also contains a
detailed exemptive relief section that is absent from the current rule.
The Exchange notes that under the proposal the Exchange will still
require the maintaining of information barriers between Members and any
affiliated Market Makers to the same extent as the current rule. The
Exchange believes the proposed changes will assist in the prevention of
fraudulent and manipulative acts by providing an appropriate mechanism
designed to ensure that there are sufficient information barriers
between Market Makers and affiliated order flow providers while
promoting the protecting of investors and the public interest. The
Exchange believes that the proposed rule will provide detailed
guidelines and protections in a manner that is easily understood and
enforced by not only Members, but also FINRA, with whom the Exchange
anticipates entering in a17d-2 Agreement and possibly a Regulatory
Service Agreement with in the near future.
    The Exchange proposes to amend Rule 800, Maintenance, Retention and
Furnishing of Books, Records and Other Information, to include rule
text from the related FINRA Rule 4511, General Requirements.\10\ The
Exchange proposes to add paragraph (b) to its rule, specifying that
each Member shall preserve for a period of at least six years those
books and records for which there is no specified period under Exchange
Rules or applicable Exchange Act rules. The Exchange also proposes to
add paragraph (d) to its rule, specifying that all books and records
required to be made pursuant to the Exchange Rules shall be preserved
in a format and media that complies with Exchange Act Rule 17a-4. The
Exchange believes that adding additional detail to its Rule is
appropriate as it will harmonize the Exchange's Rule with the related
FINRA rule, which is designed to protect investors and the public
interest.
---------------------------------------------------------------------------

    \10\ See Proposed Rule 800. See also FINRA Rule 4511.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1321, Transfer of Accounts, to
incorporate FINRA Rule 11870 by reference into its rules so that
Members have the same obligations to comply as if such rules and
interpretations were part of the Exchange's rules.\11\ FINRA Rule 11870
provides a comprehensive articulation of procedures to be followed when
transferring a customer account. The FINRA Rule establishes the
protocol and procedures for initiating a transfer, validating the
transfer instructions, and handling fails. Incorporating by reference
the FINRA rule ensures that Members have the same obligations to comply
as if such rules and interpretations were part of the Exchange's Rules.
---------------------------------------------------------------------------

    \11\ See Proposed Rule 1321. See also FINRA Rule 11870. In the
event FINRA updates its Rule 11870, Customer Account Transfer
Contracts, MIAX will file a 19b-4 Rule filing to adopt any
corresponding changes to its Rule 1321 to ensure it remains
consistent with FINRA Rule 11870.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1322, Options Communications,
to conform with the corresponding FINRA Rule 2220, Options
Communications.\12\ The current rule requires each Member to establish
appropriate written procedures for review by a Registered Options
Principal of institutional communications used by the Member. The
Exchange proposes to add a paragraph to section (a) Definitions, to
conform the Exchange Rule text to FINRA by including the definition of
an institutional investor in paragraph (a)(4) and an Institutional
Investor in paragraph (a)(5). The Exchange proposes to update the text
of paragraph (b)(3) Institutional Communications, to clarify that
procedures for Institutional Communications be designed to ensure that
those communications comply with applicable standards. Further, when
procedures do not require review, the procedures must include a
provision for the duration and training of associated persons as to the
firm's procedures concerning institutional communications. In addition,
evidence that these supervisory procedures have been implemented and
carried out must be maintained and made available to the Exchange upon
request. The Exchange

proposes to make conforming and technical changes to Exchange Rule 1322
to align to FINRA Rule 2220.
---------------------------------------------------------------------------

    \12\ See Proposed Rule 1322. See also FINRA Rule 2220.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1325, Telephone Solicitation,
to adopt the language of the corresponding FINRA Rule 3230,
Telemarketing.\13\ The FINRA rule text provides detailed guidance
concerning telemarketing activities. The Exchange believes that the
proposed changes are appropriate as they will harmonize the Exchange's
Rules with FINRA rules with respect to account transfers and Exchange
Members' communication with the public. The Exchange's proposed changes
are designed to further cooperation and coordination with persons
engaged in regulating, clearing, settling, processing information with
respect to, and facilitating transactions in securities. Additionally,
the Exchange believes that the proposed changes serve to further
protect investors and the public interest by providing detailed
guidance concerning telemarking [sic].
---------------------------------------------------------------------------

    \13\ See Proposed Rule 1325. See also FINRA Rule 3230.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) \14\ of the Act in general, and furthers the
objectives of Section 6(b)(5) \15\ of the Act in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule changes will
provide greater clarity to Members and the public regarding the
Exchange's Rules. The Exchange believes that the new nonpublic
information rule should assist in the prevention of fraudulent and
manipulative acts by providing an appropriate mechanism designed to
ensure that material, non-public information continues to be protected
while promoting the protecting of investors and the public interest. In
addition, the Exchange believes that the proposed rule changes will
help ensure that investors are protected from potentially false or
misleading communications with the public distributed by Exchange
Members. The Exchange believes that the new proxy voting Rule will
provide a clearer framework for Members to handle proxy related
materials in a manner that is designed to prevent fraudulent and
manipulative acts and practices, and to promote the protection of
investors and the public interest. The Exchange believes that the new
information barrier rule should assist in the prevention of fraudulent
and manipulative acts by providing an appropriate mechanism designed to
ensure that there are sufficient information barriers between Market
Makers and affiliated order flow providers while promoting the
protecting of investors and the public interest. Further, the proposed
rule changes provide greater harmonization between Exchange Rules and
FINRA Rules of similar substance and purpose, resulting in less
burdensome and more efficient regulatory compliance for dual members.
As previously noted, the proposed rule text is substantially similar to
FINRA's current rule text, which has already been approved by the
Commission. As such, the proposed rule change will foster cooperation
and coordination with persons engaged in facilitating transactions in
securities and will remove impediments to and perfect the mechanism of
a free and open market and a national market system.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issues but rather is designed to
provide greater harmonization between Exchange and FINRA rules of
similar purpose, resulting in less burdensome and more efficient
regulatory compliance for dual members.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) \17\
thereunder.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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-MIAX-2014-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2014-16. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the

provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2014-16, and should be
submitted on or before June 30, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13312 Filed 6-6-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51946-51947]
[FR Doc No: 2016-18569]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78451; File No. SR-NASDAQ-2016-105]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Listing and Trading of the Shares of the Eaton Vance
Floating-Rate & High Income NextShares of the Eaton Vance NextShares
Trust II

August 1, 2016.
    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 July 27, 2016 The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in in
Items I and II below, which Items have been prepared by Nasdaq. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes a proposed rule change with respect to the Eaton
Vance Floating-Rate & High Income NextShares (the ``Fund''), a series
of Eaton Vance NextShares Trust II (the ``Trust'').
    The proposed rule change is being filed to reflect a proposed
revision to the Fund's name and modify its proposed investments (which
are set forth in an order previously granted by the Commission).\3\ All
capitalized terms referenced but not defined herein have the same
meaning as in the Prior Release.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 74797 (April 23,
2015), 80 FR 23831 (April 29, 2015) (SR-NASDAQ-2015-036) (the
``Prior Notice''); see also Securities Exchange Act Release No.
75499 (July 21, 2015), 80 FR 44406 (July 27, 2015) (SR-NASDAQ-2015-
036) (the ``Prior Order,'' and, together with the Prior Notice, the
``Prior Release''). Except for the changes discussed herein, all
other facts presented and representations made in the Prior Release
with respect to the Fund remain unchanged and in full effect.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The shares of the Fund will be offered by the Trust. The Trust is
registered with the Commission as an open-end investment company and
has filed a registration statement on Form N-1A (``Registration
Statement'') with the Commission.\4\ The Fund is a series of the Trust.
---------------------------------------------------------------------------

    \4\ See Registration Statement on Form N-1A for the Eaton Vance
NextShares Trust II dated December 10, 2015 (File Nos. 333-197734
and 811-22983).
---------------------------------------------------------------------------

    The Commission previously approved the listing and trading on the
Exchange of the shares of the Fund under Nasdaq Rule 5745, which
governs the listing and trading of NextSharesTM on the
Exchange.\5\ The shares of the Fund have not commenced trading on the
Exchange.
---------------------------------------------------------------------------

    \5\ The Commission approved Nasdaq Rule 5745 in Securities
Exchange Act Release No. 73562 (November 7, 2014), 79 FR 68309
(November 14, 2014) (SR-NASDAQ-2014-020).
---------------------------------------------------------------------------

    In this proposed rule change, the Exchange proposes to change the
Fund's name and modify its proposed investments.\6\ As stated in the
Prior Release, the Fund is named Eaton Vance Floating-Rate & High
Income NextShares and it normally will invest primarily in a
combination of income-producing floating rate loans and other floating
rate debt securities and high-yield corporate bonds. As proposed, the
Fund will be renamed Eaton Vance Floating-Rate NextShares and it
normally will invest primarily in income-producing floating rate loans
and other floating rate debt securities.
---------------------------------------------------------------------------

    \6\ The changes described herein will be reflected in a revised
prospectus and statement of additional information for the Fund to
be filed with the Commission. The changes described herein will not
be implemented until such proposed rule change is declared
operative.
---------------------------------------------------------------------------

    Beyond the changes described above, there are no changes to any
other information included in the Prior Release, except as made in the
Amended Release; and all other facts presented and representations made
in the Prior Release remain true and in effect. The Trust confirms that
the Fund will continue to comply with all initial listing requirements
under Nasdaq Rule 5745.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with section
6(b) of the Act, in general, and section 6(b)(5) of the Act, in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and in general, to protect investors and the public interest.
The Fund will continue to comply with all the initial and continued
listing requirements under Nasdaq Rule 5735.
    The Exchange believes that the proposed rule change to change the
Fund's name and to modify its proposed investments does not alter any
of the arguments contained in the Prior Release in support of the
original approval order that permitted the listing and trading of
shares of the Fund and all other representations made in the Prior
Release remain unchanged. The Exchange believes this proposed rule
change is consistent with the Exchange's efforts to protect investors
and the public interest through the disclosure of updated and correct
information regarding the Fund.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of section 6(b)(5) of the Act.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. In fact, the
Exchange believes that the introduction of the Fund will promote
competition by making available to investors an actively managed
investment strategy in a structure that offers the cost and tax
efficiencies and shareholder protections of ETFs, while removing the
requirement for daily portfolio holdings disclosure to ensure a tight
relationship between market trading prices and NAV.
    Moreover, the Exchange believes that the proposed method of trading
in

NextShares will provide investors with transparency of trading costs,
and the ability to control trading costs using limit orders, that is
not available for conventionally traded ETFs.
    These developments could significantly enhance competition to the
benefit of the markets and investors.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
\7\ and Rule 19b-4(f)(6) thereunder.\8\ The Exchange believes that this
proposed rule change is properly designated as non-controversial
because it enhances clarity and operational transparency without
modifying members' rights or obligations.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange argues that waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest
because the proposed changes to the Fund are consistent with the
Exchange arguments and Commission findings made in the Prior Release
for the listing and trading of NextShares on the Exchange. In the
context of the unique pricing and trading mechanisms of NextShares, the
Commission believes that waiver of the 30-day operative delay with
respect to these proposed changes to the Fund is consistent with the
protection of investors and the public interest and hereby waives the
30-day operative delay and designates the proposed rule change to be
operative upon filing.\9\
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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-NASDAQ-2016-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-105. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-105 and should
be submitted on or before August 26, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18569 Filed 8-4-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Rules and Regulations]
[Page 10488-10489]
[DOCID:fr11mr09-15]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-AL-0002; FRL-8776-9]

Approval and Promulgation of Air Quality Implementation Plans;
Alabama Visible Emissions Rule; Informational Notice

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability.

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

SUMMARY: The purpose of this notice is to inform the public of the
availability of documents that were not made available electronically
to the public through http://www.regulations.gov when EPA's final
rulemaking was published in the Federal Register . These documents were
a part of the docket for EPA's final rulemaking approving Alabama's
state implementation plan (SIP) revision for the Alabama Visible
Emissions Rule. The complete docket was available in hard copy at
Region 4. EPA's final rulemaking for this SIP revision was published on
October 15, 2008.

ADDRESSES: The hard copy docket is available at the U.S. Environmental
Protection Agency, Air, Pesticides and Toxics Management Division, Air
Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303. The
electronic docket is available at http://www.regulations.gov. Refer to
EPA docket  ``EPA-R04-OAR-2005-AL-0002''.

FOR FURTHER INFORMATION CONTACT: Mr. Joel Huey, U.S. Environmental
Protection Agency, Air, Pesticides and Toxics Management Division, Air
Planning Branch; 61 Forsyth Street, SW.; Atlanta, Georgia 30303. Mr.
Huey can be reached via e-mail at<EMAIL_ADDRESS>or phone at (404)
562-9104.

SUPPLEMENTARY INFORMATION: EPA uses http://www.regulations.gov to
provide the public with access to pertinent documents related to EPA
actions for SIP revisions. In general, each action has a hard copy
paper docket and an electronic docket which includes information such
as: the state's submission and supporting documentation; EPA's
rulemaking and correspondences related to the SIP revision; public
comments provided for the SIP revision during the open public comment
period; and other pertinent documentation related to the rulemaking
action. The process for generating the electronic docket includes
uploading pertinent documents into the Federal Docket Management System
(FDMS), and then taking action to make these documents available
electronically to the public on http://www.regulations.gov upon
publication of EPA's rulemaking action in the Federal Register. The
general public cannot view documents until they are promoted following
publication of the associated Federal Register document.
    On April 12, 2007, EPA published a proposed rule approving
Alabama's Visible Emissions Rule. At that time, EPA opened a 60 day
public comment period, and subsequently extended the comment period an
additional 30 days. The comment period for the proposed rule ended on
July 11, 2007. All pertinent documents related to EPA's proposal,
comments received during the public comment period and the rulemaking
actions were included in FDMS and promoted to http://
www.regulations.gov for public access. Subsequent to the proposal
phase, EPA received and generated other pertinent documents related to
EPA's final rulemaking action which was published in the Federal
Register on October 15, 2008. The other pertinent documents are as
follows:
     EPA-R04-OAR-2005-AL-0002-0022: Alabama Visible Emissions
Final Rule;
     EPA-R04-OAR-2005-AL-0002-0023: Alabama Governor's letter
to the Administrator;
     EPA-R04-OAR-2005-AL-0002-0024: September 11, 2003, ADEM
cover letter;
     EPA-R04-OAR-2005-AL-0002-0025: Governor's letter to the
Administrator;
     EPA-R04-OAR-2005-AL-0002-0026: EPA response to November 6,
2007, Governor's letter;
     EPA-R04-OAR-2005-AL-0002-0027: EPA response to June 17,
2008, Governor's letter;
     EPA-R04-OAR-2005-AL-0002-0028: Meeting Notes;
     EPA-R04-OAR-2005-AL-0002-0029: ADEM Letter to EPA R4;
     EPA-R04-OAR-2005-AL-0002-0030: ADEM Letter to Governor;
     EPA-R04-OAR-2005-AL-0002-0031: EPA 2008 prehearing comment
letter;
     EPA-R04-OAR-2005-AL-0002-0032: EPA response to Alabama
congressional representatives;
     EPA-R04-OAR-2005-AL-0002-0033: Letter from Alabama
congressional representatives;
     EPA-R04-OAR-2005-AL-0002-0034: References;
     EPA-R04-OAR-2005-AL-0002-0035: State Implementation Plan
Consistency Process Record;
     EPA-R04-OAR-2005-AL-0002-0036: Administrator Memorandum;
     EPA-R04-OAR-2005-AL-0002-0037: Alabama Opacity Region 4
Meeting Notes;
     EPA-R04-OAR-2005-AL-0002-0038: Recording Dust Emission
Measurements in the Cement Industry with the FM4 Smoke Density Meter
Made by Messrs. Sick and Staub;
     EPA-R04-OAR-2005-AL-0002-0039: ``Emissions from
Electrostatic Precipitators,'' In Electrostatic Preciptator Manual,
332-350;
     EPA-R04-OAR-2005-AL-0002-0040: Communications with ADEM;
and
     EPA-R04-OAR-2005-AL-0002-0041: Region 4 Meeting Notes
Continued.
    In December 2008, EPA received notification of litigation related
to EPA's final rule approving the revisions to Alabama's Visible
Emissions Rule. As EPA prepared the documents needed for the
administrative record, EPA compared documents listed in FDMS versus
http://www.regulations.gov and noted some discrepancies. After some
investigation, it was determined that, while EPA prepared the documents
for inclusion in the public electronic docket by uploading the
pertinent documents into FDMS, the necessary action to make these
documents available to the public through the http://
www.regulations.gov Web site was not taken upon publication of EPA's
final rule on October 15, 2008.
    The documents that were inadvertently not made available
electronically in the docket included all documents provided subsequent
to the proposal phase for EPA's action (see list above). The electronic
docket did include documents related to EPA's proposed rulemaking,
which were promoted and made available to the public earlier.
    EPA's error related to the promotion of pertinent documents to the
final rulemaking action became apparent to

EPA on January 8, 2009, and was corrected on January 9, 2009. The
electronic docket for this rulemaking action can be accessed at
regulations.gov with reference to docket number ``EPA-R04-OAR-2005-AL-
0002.'' Since identification of this error, the Region 4 office has
refined its protocol to clearly identify necessary steps that must be
taken to ensure the completeness and availability of the electronic
docket to the public. EPA did generate and maintains a hard copy paper
docket for this action in addition to the electronic docket. This hard
copy paper docket contained all the pertinent documents for EPA's final
rulemaking and continues to be available for inspection by the public
at the EPA Region 4 office. In EPA's final rulemaking published on
October 15, 2008, EPA informed the public that the docket materials
were available both electronically and in hard copy. Additionally, EPA
provided contact information in that rulemaking for the public to
request access to material. EPA did not receive any requests for this
material through the October 15, 2008, rulemaking action.

    Dated: February 9, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-5220 Filed 3-10-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33374-33375]
[FR Doc No: 2021-13267]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Susan Harwood Training Grant Program, FY 2021; Availability of
Funds and Funding Opportunity Announcements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of availability of funds and funding opportunities.

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

SUMMARY: This notice announces availability of $11,787,000 for Susan
Harwood Training Grant Program grants. Three separate funding
opportunity announcements are available for Targeted Topic Training
grants, Training and Educational Materials Development grants, and two
types of new Capacity Building grants: Capacity Building Pilot and
Capacity Building Developmental grants.

DATES: Grant applications for Susan Harwood Training Program grants
must be received electronically by the Grants.gov system no later than
11:59 p.m., ET, on August 23, 2021.

ADDRESSES: The complete Susan Harwood Training Grant Program funding
opportunity announcements and all information needed to apply are
available at the Grants.gov website, www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Questions regarding the funding
opportunity announcements should be emailed to<EMAIL_ADDRESS>or
Donna Robertson, Harwood Program Coordinator, by telephone at 847-725-
7805. Personnel will not be available to answer questions after 5:00
p.m., ET. To obtain further information on the Susan Harwood Training
Grant Program, visit the OSHA website at www.osha.gov/harwoodgrants.
Questions regarding Grants.gov should be emailed to<EMAIL_ADDRESS>or directed to Applicant Support toll free at 1-800-518-4726. Applicant
Support is available 24 hours a day, 7 days a week except Federal
holidays.

SUPPLEMENTARY INFORMATION:
    Funding Opportunity Number: SHTG-FY-21-01 (Targeted Topic Training
grants).
    Funding Opportunity Number: SHTG-FY-21-02 (Training and Educational
Materials Development grants).
    Funding Opportunity Number: SHTG-FY-21-03 (Capacity Building
grants).
    Catalog of Federal Domestic Assistance Number: 17.502.

Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is Section 21 of the Occupational
Safety and Health Act of 1970, (29 U.S.C. 670), Public Law 113-235, and
Secretary of Labor's Order No. 1-2012 (77 FR 3912).

    Signed at Washington, DC.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13267 Filed 6-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36875-36879]
[FR Doc No: 2011-15633]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-0004-201119; EPA-R04-OAR-2010-0958-201119; FRL-9322-
6]

Approval and Promulgation of Implementation Plans; South
Carolina: Prevention of Significant Deterioration and Nonattainment New
Source Review; Fine Particulate Matter and Nitrogen Oxides as a
Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve three revisions to the
South Carolina State Implementation Plan (SIP), submitted by the State
of South Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC), to EPA on December 2, 2010, (for
parallel processing) and April 14, 2009, and March 16, 2011. South
Carolina provided the final version of the December 2, 2010, parallel
processing submittal on March 16, 2011. The SIP revisions approved by
this action incorporate updates to South Carolina's air quality
regulations under South Carolina's New Source Review (NSR) Prevention
of Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR) programs. First, the revisions incorporate a PSD permitting
requirement promulgated in the 1997 8-Hour Ozone National Ambient Air
Quality Standards (NAAQS) Implementation Rule NSR Update Phase II
(hereafter referred to as the ``Ozone Implementation NSR Update or
``Phase II Rule''). Second, the revisions incorporate NSR provisions
relating to the fine particulate matter (PM2.5) NAAQS as
amended in EPA's 2008 NSR PM2.5 Implementation Rule
(hereafter referred to as the ``NSR PM2.5 Rule''). Third,
the revisions incorporate NNSR requirements for calculating emissions
reductions that will be used as emission offsets and ensures that those
reductions are surplus to other federal requirements. As a result of
the third revision, EPA also is taking final action to convert its
conditional approval of South Carolina's NNSR permitting program to
full approval. EPA is approving South Carolina's March 16, 2011, and
April 14, 2009, SIP revisions because they are in accordance with the
Clean Air Act (CAA or Act). Additionally, EPA is responding to adverse
comments received on EPA's March 15, 2011, proposed approval of South
Carolina's December 2, 2010, proposed SIP revision.

DATES: Effective Date: This rule will be effective July 25, 2011.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2005-0004 and EPA-R04-OAR-2010-0958. All
documents in the docket are listed on the http://www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the South
Carolina SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Ms. Bradley's telephone
number is<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>For
information regarding NSR, contact Ms. Yolanda Adams, Air Permits
Section, at the same address above. Ms. Adams' telephone number is
(404) 562-9214; e-mail address<EMAIL_ADDRESS>For information
regarding the Phase II Rule, contact Ms. Jane Spann, Regulatory
Development Section, at the same address above. Ms. Spann's telephone
number is<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>For
information regarding the PM2.5 NAAQS, contact Mr. Joel
Huey, Regulatory Development Section, at the same address above. Mr.
Huey's telephone number is<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. This Action
III. EPA's Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    EPA is taking final action on three separate but related revisions
to South Carolina's SIP--all pertaining to NSR. South Carolina
submitted the first two proposed revisions to EPA for parallel
processing on December 2, 2010. Specifically, South Carolina's December
2, 2010, SIP submittal proposed to: (1) Revise South Carolina's PSD
regulations at Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration to address a PSD permitting requirement
promulgated in the Phase II Rule, 70 FR 71612 (November 29, 2005); and
(2) incorporate NSR provisions at South Carolina Regulation 61-62.5,
Standard No. 7--Prevention of Significant Deterioration and 7.1--
Nonattainment New Source Review for PM2.5 as amended in
EPA's NSR PM2.5 Rule, 73 FR 28321 (May 16, 2008). On March
15, 2011, EPA proposed approval of South Carolina's proposed December
2, 2010, submission. See 76 FR 13962. This action includes EPA's
response to adverse comments received on the portion of EPA's March 15,
2011, proposal pertaining to approval of South Carolina's proposed
PM2.5 revisions. South Carolina submitted the December 2,
2010, parallel processing SIP revision in final form on March 16, 2011.
    Additionally, South Carolina submitted a third SIP revision on
April 14, 2009, to address EPA's conditional approval of South
Carolina's NNSR program. See 73 FR 31368 (June 2, 2008). On March 24,
2011, EPA published a proposed rulemaking notice to approve a portion
of the changes included in South Carolina's April 14, 2009, submission,
and to convert EPA's previous conditional approval of South Carolina's
NNSR program to full approval. See 76 FR 16593.
    EPA is now taking final action to approve the changes to South
Carolina's NSR programs as noted in EPA's March 15, 2011, and March 24,
2011, proposed rulemakings. A summary of the background for today's
final actions is provided below. For more detail, please refer to EPA's
proposed rulemakings at 76 FR 13962 (March 15, 2011), and 76 FR 16593
(March 24, 2011).

a. Phase II Rule

    With regard to the 1997 8-hour ozone NAAQS,\1\ EPA's Phase II Rule,
finalized on November 29, 2005, addressed NSR permitting requirements
and specifically identified nitrogen oxides (NOX) as an
ozone precursor under the NSR program. See 70 FR 71612. States were
required to provide SIP submissions to address the Phase II Rule
requirements by June 15, 2007. On July 1, 2005, South Carolina
submitted a SIP revision to adopt the PSD and NNSR provisions amended
in the 2002 NSR Reform rules.\2\ The SIP revision became state-
effective on June 24, 2005, and adopted PSD and applicable NNSR
provisions at 40 CFR 51.165 and 51.166, respectively. Also in the July
1, 2005 submittal, South Carolina recognized NOX as an ozone
precursor for NSR permitting purposes by adopting provisions into its
SIP. At the time of South Carolina's NSR Reform SIP submittal, the
Phase II Rule had not been finalized by EPA. However, South Carolina
had recognized NOX emissions as an ozone precursor in its
PSD permitting practice. EPA took final action to approve South
Carolina's NSR Reform SIP revision as well as NOX as a
precursor provisions into the South Carolina SIP on June 2, 2008. See
73 FR 31368.
---------------------------------------------------------------------------

    \1\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. In
addition, on April 30, 2004 as part of the framework to implement
the 1997 8-hour ozone NAAQS, EPA promulgated an implementation rule
in two phases (Phase I and II). The Phase I Rule (effective on June
15, 2004), provided the implementation requirements for designating
areas under subpart 1 and subpart 2 of the CAA. See 69 FR 23857.
    \2\ On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and NNSR
programs. On November 7, 2003 (68 FR 63021), EPA published a notice
of final action on the reconsideration of the December 31, 2002,
final rule changes. The December 31, 2002, and the November 7, 2003,
final actions are collectively referred to as the ``2002 NSR Reform
Rules.''
---------------------------------------------------------------------------

    To be consistent with federal NSR permitting regulations, South
Carolina's March 16, 2011, SIP revision incorporates a NOX
as ozone precursor requirement for PSD that was not included in South
Carolina's July 1, 2005, SIP submittal at Regulation 61-62-5 Standard
No. 7. Specifically, the change addresses the inclusion of ``nitrogen
oxides'' in the footnote at 61-62.5(i)(5)(i) as amended at 40 CFR
51.166(i)(5)(i)(e). The provision at 40 CFR 51.166(i)(5)(i)(e) requires
sources with a net increase of 100 tons per year or more of
NOX to perform an ambient impact analysis. Together, South
Carolina's previously approved July 1, 2005, SIP revision (73 FR 31368)
and the March 16, 2011, SIP revision addressed by this rulemaking
incorporate the Phase II Rule permitting requirements pertaining to
NOX as an ozone precursor into the South Carolina SIP.

b. NSR PM2.5 Rule

    With regard to the 1997 PM2.5 NAAQS, EPA finalized a
rule on May 16, 2008, including changes to the NSR program. See 73 FR
28321. The 2008 NSR PM2.5 Rule revised the NSR program
requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas. States are required to provide SIP
submissions to address the requirements for the 2008 NSR
PM2.5 Rule by May 16, 2011. South Carolina's March 16, 2011,
SIP revision addresses these requirements.

c. Conversion of EPA's Conditional Approval of South Carolina's NNSR
Program

    In addition to approving South Carolina's NSR Reform SIP revision
and NOX as an ozone precursor provisions, as mentioned in
Section I.a. above, EPA's June 2, 2008 (73 FR 31368), action
conditionally approved South Carolina Regulation 61-62.5, Standard No.
7.1--Nonattainment New Source Review for inclusion in the South
Carolina SIP. This regulation relates to South Carolina's NNSR permit
program. As part of the conditional approval, South Carolina had twelve
months from the June 2, 2008, final conditional approval to submit
changes to its NNSR program as described herein to be consistent with
EPA federal regulations.
    On April 14, 2009, SC DHEC submitted a revision to the SIP,
incorporating the corrections required by EPA in the conditional
approval. Specifically, South Carolina revised Regulation 61-62.5,
Standard No. 7.1 to include baseline provisions for calculating
emission reductions to be used as offsets to meet the requirements set
out in 40 CFR 51.165(a)(3)(i) and Appendix S, section IV.C. This
revision affects major stationary sources in South Carolina that are
subject to or potentially subject to the NNSR construction permit
program. The emission offsets provisions also specify that the
reductions must be surplus and cannot be used for offsets if they are
otherwise required by the South Carolina SIP or other federal
standards, such as New Source Performance Standards and National
Emissions Standards for Hazardous Air Pollutants, including the Maximum
Achievable Control Technology standards. Both of these issues, which
were specifically identified in EPA's June 2, 2008, final conditional
approval, were addressed in

South Carolina's April 14, 2009, SIP revision.

II. This Action

    In two separate rulemakings, EPA proposed action to approve changes
to South Carolina's NSR program. First, EPA proposed to approve South
Carolina's March 16, 2011, SIP revision addressing PSD and NNSR
requirements related to the implementation of the PM2.5
NAAQS as well as adding a provision of the PSD NOX as a
precursor requirements established in the Phase II Rule (at 40 CFR
51.165 and 51.166). See 76 FR 13962 (March 15, 2011). These revisions
were necessary to update South Carolina's existing NSR program at
Regulation 61-62.5 Standards No. 7 and 7.1 to be consistent with
current federal NSR regulations. EPA has determined that South
Carolina's March 16, 2011 SIP revision, which became state-effective on
February 25, 2011, meets the requirements of the 2008 NSR
PM2.5 Rule and the Phase II Rule. Further, EPA has
determined that South Carolina's March 16, 2011, SIP revision is
consistent with section 110 of the CAA.
    Second, EPA proposed to approve South Carolina's April 14, 2009,
SIP revision \3\ which consists of changes to South Carolina Regulation
61-62.5, Standard No. 7.1 entitled ``Nonattainment New Source Review.''
See 76 FR 16593 (March 24, 2011). EPA received no comments on that
proposal. SC DHEC submitted this SIP revision in response to EPA's June
2, 2008 (73 FR 31368), final rule, which conditionally approved South
Carolina's NNSR program. EPA has determined that South Carolina's April
14, 2009, SIP revision satisfies the conditions listed in EPA's June 2,
2008, conditional approval, and today is taking final action to convert
its prior conditional approval to full approval.
---------------------------------------------------------------------------

    \3\ In addition to changes to address the conditional approval
of South Carolina's NNSR program and minor administrative changes,
South Carolina's April 14, 2009, SIP revision also includes
provisions in Regulation 61-62.5, Standards No. 7 and 7.1 to exclude
facilities that produce ethanol through a natural fermentation
process (hereafter referred to as the ``Ethanol Rule'') from the
definition of ``chemical process plants'' in the major NSR
permitting program. See 72 FR 24060 (May 1, 2007). At this time, EPA
is not taking action on South Carolina's changes to its NSR program
to incorporate the provisions of the Ethanol Rule.
---------------------------------------------------------------------------

    South Carolina's April 14, 2009, SIP revision also includes the
removal of provisions which existed in South Carolina regulations that
relate to requirements that were vacated from the federal program by
the United States Court of Appeals for the District of Columbia Circuit
on June 24, 2005. The provisions vacated from the federal rules pertain
to pollution control projects (PCPs) and clean units (CUs). Since these
provisions were not approved into South Carolina's SIP, no action is
required by EPA.\4\ As a result of the removal of the PCP and CU
provisions, South Carolina's April 14, 2009, SIP revision also includes
minor administrative reference changes at Regulation 61-62.5, Standard
No. 7--Prevention of Significant Deterioration and Standard No. 7.1
Nonattainment New Source Review for which EPA is now taking final
action today to include in the South Carolina SIP.
---------------------------------------------------------------------------

    \4\ On June 2, 2008 (73 FR 31368), EPA disapproved provisions in
South Carolina's PSD and NNSR programs relating to PCP and CUs.
Therefore, these provisions were not approved into South Carolina's
SIP.
---------------------------------------------------------------------------

    Given that South Carolina's April 14, 2009, SIP revision satisfies
the conditional approval requirements for conversion to a full
approval, the conditional approval language at section 52.2119 of 40
CFR part 52, included in EPA's final conditional approval published
June 2, 2008 (73 FR 31368), is no longer necessary. This action removes
the conditional approval language relating to South Carolina's NNSR
program from the CFR to reflect that the program has been fully
approved. EPA is publishing this rulemaking to remove Sec.  52.2119 of
40 CFR part 52. As a consequence of the changes to Sec.  52.2119 of 40
CFR part 52, this action also moves the existing disapproval language
pertaining to PCPs and CUs at Sec.  52.2119(c) to Sec.  52.2122(e) of
40 CFR part 52. In addition, this action moves footnote 1 in Sec.
52.2120(c) to section 52.2122(d). Lastly, today's action corrects an
inadvertent error regarding the omission of Standard No. 7.1 entry from
the table at Sec.  52.2120(c). EPA has determined that this last change
qualifies for the ``good cause'' exemption from public notice
requirements pursuant to section 553(b)(3)(B) of the Administrative
Procedure Act. Specifically, public notice and opportunity to comment
on EPA's correction of the CFR table is unnecessary because it neither
alters the meaning of the regulations at issue nor otherwise affects
EPA's analysis of South Carolina's NSR and NNSR SIP revisions.

III. EPA's Response to Comments

    EPA received one set of comments on the March 15, 2011, proposed
rulemaking to approve South Carolina's proposed December 2, 2010, SIP
revision to adopt federal requirements for NSR permitting set forth in
the NSR PM2.5 Implementation Rule and the Phase II Rule. A
full set of the comments provided by a single commenter is provided in
the Docket No. EPA-R04-OAR-2010-0958 for this final action. A summary
of the comment and EPA's response is provided below.
    Comment: The Commenter provided EPA with an electronic copy of the
EPA final rulemaking entitled ``Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC); Final Rule,'' (hereafter
referred to as the PM2.5 Increments, SILs and SMC Rule). See
75 FR 64864 (October 20, 2010). The Commenter states ``the South
Carolina's SIP should also include the increment and significant impact
level and significant monitoring concentrations in the attached final
rule.''
    Response: The requirements outlined in EPA's PM2.5
Increments, SILs and SMC Rule are not relevant to EPA's March 15, 2011,
proposed action and today's final action. Furthermore, the deadline for
South Carolina to submit a SIP revision to adopt the requirements set
forth in EPA's PM2.5 Increments, SILs and SMC Rule has not
yet passed. Specifically, as promulgated in the PM2.5
Increments, SILs and SMC Rule and in accordance with section 166(b) of
the CAA, states are required to submit a SIP revision to adopt the
PM2.5 increments no later than 21 months from the
promulgation of the Rule, that is, by July 20, 2012. See 75 FR at
64898. EPA notes that while the PM2.5 increments are
mandatory, the SILs and SMC provisions are not mandatory but in fact
are elective tools that a state may incorporate into its SIP at the
state's discretion. Therefore, South Carolina has additional time to
revise its SIP to incorporate the required PM2.5 PSD
increments and the elective SIL and SMC provisions.

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is taking final action to
approve South Carolina's March 16, 2011, SIP revisions adopting federal
regulations amended in the NSR PM2.5 Rule and the Phase II
Rule (recognizing NOX as an ozone precursor) into the South
Carolina SIP. EPA is approving these revisions into the South Carolina
SIP because they are consistent with section 110 of the CAA and its
implementing regulations.
    In addition, EPA is also taking final action to approve South
Carolina's April 14, 2009, SIP revision, which consists of changes to
South Carolina Regulation 61-62.5, Standard No. 7.1 entitled

``Nonattainment New Source Review.'' SC DHEC submitted the April 14,
2009, SIP revision in response to EPA's June 2, 2008, rule (73 FR
31368), which conditionally approved South Carolina's NNSR program as
provided in the State's July 1, 2005, SIP revision. SC DHEC has now
satisfied the conditions listed in EPA's conditional approval.
Therefore, today's final action also converts EPA's conditional
approval of South Carolina's NNSR program to a full approval. The April
14, 2009, SIP revision is consistent with federal regulations and in
accordance with the CAA. In addition, EPA is taking final action to
approve minor administrative reference changes at South Carolina
Regulation 61-62.5 Standards No. 7 and 7.1 as a result of the removal
of PCP and CU provisions.
    As mentioned above in Section II and as a result of final approval
of today's actions, this rulemaking makes the following administrative
corrections to 40 CFR part 52: (1) Removes the conditional approval
language at section 52.2119 to reflect that South Carolina's NNSR
program has been fully approved; (2) relocates the existing disapproval
language at section 52.2119(c) to section 52.2122(e) of 40 CFR part 52;
and (3) moves footnote 1 in section 52.2120(c) to section 52.2122(d).
Lastly, today's action also corrects an inadvertent error regarding the
omission of Standard No. 7.1 entry from the table at section
52.2120(c).

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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 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).
    EPA has also determined that this rule does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because there are no ``substantial direct effects''
on an Indian Tribe as a result of this action. The Catawba Indian
Nation Reservation is located within the South Carolina portion of the
bi-state Charlotte nonattainment area. EPA notes that the proposal for
this rule incorrectly stated that the South Carolina SIP is not
approved to apply in Indian country located in the state. However,
pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the Catawba Indian Nation and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
Thus, the South Carolina SIP does apply to the Catawba Reservation.
While this action revises South Carolina's existing NSR permitting
regulations in the SIP, EPA has determined that these revisions will
not impose any substantial direct costs on tribal governments or
preempt tribal law.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 22, 2011. 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).) For purposes of
judicial review, each of the three SIP revisions approved by today's
action are severable from one another.

List of Subjects in 40 CFR Part 52

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

    Dated: June 9, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart PP--South Carolina

Sec.  52.2119  [Removed]

0
2. Section 52.2119 is removed.
0
3. Section 52.2120 (c) is amended under Regulation No. 62.5 by revising
the entry for ``Standard No. 7'' and adding an entry for ``Standard No.
7.1'' to read as follows:

Sec.   52.2120 Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                  State       EPA approval     Federal Register
          State citation                 Title/subject       effective date       date              notice
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Regulation No. 62.5..............  Air Pollution Control
                                    Standards

                                                  * * * * * * *
Standard No. 7...................  Prevention of                  2/25/2011       6/23/2011  [Insert citation of
                                    Significant                                               publication].
                                    Deterioration\1\.
Standard No. 7.1.................  Nonattainment New Source       2/25/2011       6/23/2011  [Insert citation of
                                    Review\1\.                                                publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This EPA action is approving revisions to the South Carolina SIP with the exception of the phrase ``except
  ethanol production facilities producing ethanol by natural fermentation under the North American Industry
  Classification System (NAICS) codes 325193 or 312140,'' as amended in the Ethanol Rule. See 72 FR 24060 (May
  1, 2007).

* * * * *

0
4. Section 52.2122 is amended by adding paragraphs (d) and (e) to read
as follows:

Sec.  52.2122  Approval status.

    (d) Regulation 61-62.5 Standard No. 7--This regulation (submitted
on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules
that were vacated by the D.C. Circuit Court--Pollution Control Projects
(PCPs) and clean units. As a result, EPA is disapproving all rules and/
or rule sections in the South Carolina PSD rules referencing clean
units or PCPs. Specifically, the following South Carolina rules are
being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only);
(a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d);
(b)(35); (r)(6)--only the reference to the term ``clean unit'' is being
disapproved. The remainder of this regulatory provision is being
approved); (r)(7)--only the reference to the term ``clean unit'' is
being disapproved. The remainder of this regulatory provision is being
approved); (x); (y) and (z).
    (e) Regulation 61-62.5 Standard No. 7.1--EPA is disapproving two
provisions of South Carolina's NNSR program (submitted on July 1, 2005)
that relate to provisions that were vacated from the federal program by
the United States Court of Appeals for the District of Columbia Circuit
on June 24, 2005. The two provisions vacated from the federal rules
pertain to Pollution Control Projects (PCPs) and clean units. The PCP
and clean unit references are severable from the remainder of the NNSR
program. Specifically, the following sections of South Carolina
Regulation 61-62.5 Standard No. 7.1 are being disapproved: (b)(5);
(b)(6)--Second sentence only; (b)(8); (c)(4); (c)(6)(C)(viii);
(c)(8)(C)(iii); (c)(8)(E)(v); (c)(10); (d)(1)(C)(ix); (d)(1)(C)(x);
(d)(3)--Only the reference to the term ``clean unit'' is being
disapproved. The remainder of this regulatory provision is being
approved; (d)(4)--Only the reference to the term ``clean unit'' is
being disapproved. The remainder of this regulatory provision is being
approved; (f); (g) and (h). These disapprovals were amended in 73 FR
31371, (June 2, 2008).

[FR Doc. 2011-15633 Filed 6-22-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Page 12185]
[FR Doc No: 2018-05616]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-131-000]

The Nevada Hydro Company, Inc.; Notice of Petition for
Declaratory Order

    Take notice that on March 9, 2018, The Nevada Hydro Company, Inc.
(Nevada Hydro) filed a petition for declaratory order (petition),
pursuant to Rule 207 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.207. Nevada
Hydro requests that the Commission declare that: (1) The Lake Elsinore
Pumped Storage (LEAPS) facility is a wholesale transmission facility;
and (2) LEAPS will be entitled to cost recovery under the California
Independent Operators Corporation's Transmission Access Charge, all as
more fully explained in the petition.
    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the website that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email [email protected]
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on April 9, 2018.

    Dated: March 14, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05616 Filed 3-19-18; 8:45 am]
BILLING CODE 6717-01-P