[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34984-34987]
[FR Doc No: 2019-15335]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33554; File No. 812-14856]

Voya Retirement Insurance and Annuity Company et al; Notice of
Application

July 15, 2019.
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').

ACTION: Notice. Notice of application for an order approving the
substitution of certain securities pursuant to section 26(c) of the
Investment Company Act of 1940, as amended (the ``1940 Act'').

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Applicants: ReliaStar Life Insurance Company of New York (``ReliaStar
NY''), Voya Insurance and Annuity Company (``Voya Insurance''), and
Voya Retirement Insurance and Annuity Company (``Voya Retirement'')
(each a ``Company'' and together, the ``Companies''), ReliaStar NY
Separate Account NY-B (``ReliaStar NY NY-B''), Separate Account B of
Voya Insurance (``Voya Insurance B''), Separate Account EQ of Voya
Insurance (``Voya Insurance EQ''), Separate Account U of Voya Insurance
(``Voya Insurance U''), Voya Retirement Variable Annuity Account B
(``Voya Retirement B''), and Voya Retirement Variable Annuity Account I
(``Voya Retirement I'') (each, an ``Account'' and together, the
``Accounts''). The Companies and the Accounts are collectively referred
to herein as the ``Applicants.''

Summary of Application: Applicants seek an order pursuant to section
26(c) of the 1940 Act, approving the

substitution of shares issued by certain series of Voya Investors Trust
and Voya Variable Portfolios, Inc. (the ``Replacement Funds'') for
shares of certain series of Voya Investors Trust and Voya Partners,
Inc., registered investment companies currently held by subaccounts of
the Accounts (the ``Existing Funds''), to support certain variable
annuity contracts (collectively, the ``Contracts'') issued by the
Companies (the ``Substitutions'').

Filing Date: The application was filed on December 21, 2017, and was
amended and restated on October 31, 2018, and March 15, 2019.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving the Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on August 9, 2019 and should be accompanied by
proof of service on the Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

Addresses: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090. Applicants: J. Neil McMurdie,
Esquire, Senior Counsel, Voya Insurance and Annuity Company, 1475
Dunwoody Drive, West Chester, PA 19380 or Peter Scavongelli, Senior
Counsel, Voya Financial Legal Services, One Orange Way, C2N, Windsor,
CT 06095.

FOR FURTHER INFORMATION CONTACT: Jessica Shin, Attorney-Adviser or
Andrea Ottomanelli Magovern, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
Applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. ReliaStar NY is a stock life insurance company which is
incorporated under the laws of New York. Voya Insurance is an Iowa
stock life insurance company. Voya Retirement is a stock life insurance
company organized under the laws of Connecticut. ReliaStar NY is the
depositor of ReliaStar NY NY-B. Voya Insurance is the depositor of Voya
Insurance B, Voya Insurance EQ, and Separate Account U. Voya Retirement
is the depositor of Variable Annuity Account B and Variable Annuity
Account I. ReliaStar NY and Voya Retirement are indirect, wholly-owned
subsidiaries of Voya Financial, Inc. (``Voya''). Voya Insurance is an
indirect wholly-owned subsidiary of VA Capital Company LLC, (``VA
Capital'') and a direct wholly-owned subsidiary of Venerable Holdings,
Inc., which effective June 1, 2018, acquired Voya Insurance from Voya.
VA Capital is an insurance holding company formed by affiliates of
Apollo Global Management LLC and Athene Holding Ltd. Reverence Capital
Partners, L.P., Crestview Advisors, L.L.C. and Voya are also investors
in VA Capital.
    2. Each Account is a ``separate account'' as defined by rule 0-1(e)
under the 1940 Act and each is registered under the 1940 Act as a unit
investment trust. Each of the respective Accounts is used by the
Company of which it is a part to support the Contracts that it issues.
Each Account is divided into subaccounts, each of which invests
exclusively in shares of an Existing Fund or another registered open-
end management investment company. The application sets forth the
registration statement file numbers for the Contracts and the Accounts.
    3. The Contracts are issued as individual variable annuity
contracts. Each of the prospectuses for the Contracts discloses that
the issuing Company reserves the right, subject to Commission approval
and compliance with applicable law, to substitute shares of another
registered open-end management investment company for shares of a
registered open-end management investment company held by a subaccount
of an Account whenever the Company, in its judgment, determines that
the investment in the registered open-end management investment company
no longer suits the purpose of the Contract.
    4. The Replacement Funds are series of Voya Variable Portfolios,
Inc. or Voya Investors Trust. Voya Variable Portfolios, Inc. is
registered with the Commission under the 1940 Act as an open-end
management investment company (File No. 811-05173). Shares of the
series are registered under the Securities Act of 1933 (File No. 333-
05173). Voya Investors Trust is registered with the Commission under
the 1940 Act as an open-end management investment company (File No.
811-05629). Shares of the series are registered under the Securities
Act of 1933 (File No. 033-23512).
    5. Voya Investments, LLC (``Voya Investments''), an Arizona limited
liability company and registered investment adviser, has overall
responsibility for the management of each series of the Voya Variable
Portfolios, Inc. and Voya Investors Trust that is a Replacement Fund.
Voya Investments delegates to a sub-adviser, Voya Investment Management
Co. LLC, an affiliate, the responsibility for day-to-day management of
the investments of each series that is a Replacement Fund, subject to
Voya Investment's oversight.
    6. Applicants propose, as set forth below, to substitute shares of
the Replacement Funds for shares of the Existing Funds:

------------------------------------------------------------------------
             Existing fund                       Replacement fund
------------------------------------------------------------------------
1. VY Baron Growth Portfolio--Class I,   Voya Russell Mid Cap Growth
 S.                                       Index Portfolio--Class I, S.
2. VY Columbia Contrarian Core           Voya U.S. Stock Index
 Portfolio--Class S.                      Portfolio--Class S.
3. VY Invesco Comstock Portfolio--Class  Voya Russell Large Cap Value
 I, S.                                    Index Portfolio--Class I, S.
4. VY T. Rowe Price Equity Income        Voya Russell Large Cap Value
 Portfolio--Class S, S2.                  Index Portfolio--Class I, S.
5. VY JPMorgan Small Cap Core Equity     Voya Russell Small Cap Index
 Portfolio--Class I, S, S2.               Portfolio--Class I, S.
6. VY T. Rowe Price Growth Equity        Voya Russell Large Cap Growth
 Portfolio--Class I, S.                   Index Portfolio--Class I, S.
------------------------------------------------------------------------

    7. Applicants state that by substituting unaffiliated funds with
funds that are advised by affiliates of the Companies, the principal
purposes of the Substitutions would, among other things: (1) Help
implement the Companies' overall business plan to make the Contracts
more efficient to administer and oversee; (2) allow the

Companies to reduce costs by consolidating the administration of the
Replacement Funds with its other funds; and (3) allow the Companies to
respond to expense, performance and management matters that they have
identified in their due diligence review of the funds available through
the Contracts.
    8. Applicants state that the investment objectives and investment
strategies of each Replacement Fund are similar to those of the
corresponding Existing Fund, or each Replacement Fund's underlying
portfolio construction and investment results are similar to those of
the Existing Fund, and therefore the fundamental investment objectives
of those Contract Owners with interests in subaccounts of the Existing
Funds will continue to be met after the Substitutions. Information for
each Existing Fund and Replacement Fund, including investment
objective, principal investment strategies, principal risks and
comparative performance history, can be found in the application.
    9. Applicants state that at the time of the Substitutions the
overall fees and expenses of each Replacement Fund will be less than
those assessed by the corresponding Existing Fund and that for two
years following the effective date of the Substitutions (``Effective
Date''), the net annual expenses of each Replacement Fund will not
exceed the net annual expenses of the corresponding Existing Fund as of
that Fund's most recent fiscal year. The application sets forth the
fees and expenses of each Existing Fund and its corresponding
Replacement Fund in greater detail.
    11. Applicants represent that as of the Effective Date, shares of
the Existing Funds will be redeemed for cash. The Companies, on behalf
of each Existing Fund subaccount of each relevant Account, will
simultaneously place a redemption request with each Existing Fund and a
purchase order with the corresponding Replacement Fund so that the
purchase of Replacement Fund shares will be for the exact amount of the
redemption proceeds. Thus, Contract values will remain fully invested
at all times. The proceeds of such redemptions will then be used to
purchase the appropriate number of shares of the applicable Replacement
Fund.
    12. The Substitutions will take place at relative net asset value
(in accordance with rule 22c-1 under the 1940 Act) with no change in
the amount of any Affected Contract Owner's (as defined in the
application) contract value, cash value, accumulation value, account
value or death benefit or in dollar value of his or her investment in
the applicable Accounts. No brokerage commissions, fees or other
remuneration will be paid by either the Existing Funds or the
Replacement Funds or by Affected Contract Owners in connection with the
Substitutions.
    13. The Affected Contract Owners will not incur any fees or charges
as a result of the Substitutions nor will their rights or the
Companies' obligations under the Contracts be altered in any way. The
Companies or their affiliates will pay all expenses and transaction
costs of the Substitutions, including legal and accounting expenses,
any applicable brokerage expenses, and other fees and expenses. The
Substitutions will not cause the Contract fees and charges currently
being paid by Affected Contract Owners to be greater after the
Substitutions than before the Substitutions. Moreover, the
Substitutions will not impose any tax liability on Affected Contract
Owners.
    14. As described in the application, after notification of the
Substitutions and for 30 days after the Effective Date, Affected
Contract Owners may reallocate the subaccount value of an Existing Fund
to any other investment option available under their Contract without
incurring any administrative costs or allocation (transfer) charges.
    15. All Affected Contract Owners were notified of this application
by means of supplements to the Contract prospectuses sent after the
date the application was first filed with the Commission. Among other
information regarding the Substitutions, the supplements informed
Affected Contract Owners that beginning on the date of the supplements,
the Companies will not exercise any rights reserved by them under the
Contracts to impose restrictions or fees on transfers from an Existing
Fund (other than restrictions related to frequent or disruptive
transfers) during the period beginning at least 30 days before the
Effective Date until at least 30 days after the Effective Date.
    16. Following the date the order requested by this application is
issued, but at least 30 days before the Effective Date, Affected
Contract Owners will be sent a ``Pre-Substitution Notice,'' consisting
of a second supplement to the Contract prospectuses setting forth the
intended Substitution of Existing Funds with Replacement Funds, the
intended Effective Date and advising Affected Contract Owners of their
right, if they so choose, at any time during the period beginning at
least 30 days before the Effective Date through at least 30 days
following the Effective Date, to reallocate or withdraw accumulated
value in the Existing Fund or Replacement Fund subaccounts under their
Contracts or otherwise terminate their interest therein in accordance
with the terms and conditions of their Contracts. Beginning at least 30
days before the Effective Date through at least 30 days after the
Effective Date, the Companies will not exercise any right they may have
under the Contracts to impose restrictions or fees on transfers from
any Existing Fund or Replacement Fund under the Contracts (other than
restrictions related to frequent or disruptive transfers).
Additionally, all Affected Contract Owners will be sent prospectuses of
the applicable Replacement Funds at least 30 days before the Effective
Date.
    17. Within five (5) business days after the Effective Date,
Affected Contract Owners will be sent a written confirmation (``Post-
Substitution Confirmation'') indicating that shares of each applicable
Existing Fund have been redeemed and that the shares of the
corresponding Replacement Fund have been substituted. In addition, the
Post-Substitution Confirmation will show how the allocation of the
Contract Owner's account value before and immediately following the
Substitution has changed as a result of the Substitutions.

Legal Analysis

    1. Applicants request that the Commission issue an order pursuant
to section 26(c) of the 1940 Act approving the Substitutions. Section
26(c) of the 1940 Act prohibits any depositor or trustee of a unit
investment trust that invests exclusively in the securities of a single
issuer from substituting the securities of another issuer without the
approval of the Commission. Section 26(c) provides that such approval
shall be granted by order of the Commission, if the evidence
establishes that the substitution is consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the 1940 Act.
    2. Applicants assert that the terms and conditions of the
Substitutions meet the standards set forth in section 26(c) and assert
that the replacement of an Existing Fund with the corresponding
Replacement Fund is consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the 1940 Act.
As described in the application, at the time of the Substitutions, the
overall fees and expenses of each Replacement Fund will be less than
those of the corresponding Existing Fund and for two years following
the Effective Date,

the net annual expenses of each Replacement Fund will not exceed the
net annual expenses of the corresponding Existing Fund. Applicants
further assert that each Replacement Fund has investment objectives and
strategies that are similar to those of the corresponding Existing
Fund. Accordingly, Applicants believe that the fundamental investment
objectives of Affected Contract Owners will continue to be met after
the Substitutions.
    3. Applicants also maintain that Affected Contract Owners will be
better served by the Substitutions. Applicants anticipate that the
substitution of an Existing Fund with the corresponding Replacement
Fund will result in a Contract that is administered and managed more
efficiently, and one that is more competitive with other variable
products. The rights of Affected Contract Owners and the obligations of
the Companies under the Contracts will not be altered by the
Substitutions. Affected Contract Owners will not incur any additional
tax liability or any additional fees and expenses as a result of the
Substitutions.
    4. Each of the prospectuses for the Contracts discloses that the
Companies reserve the right, subject to Commission approval and
compliance with applicable law, to substitute shares of another
registered open-end management investment company for shares of a
registered open-end management investment company held by a subaccount
of an Account.
    5. Applicants also assert that the Substitutions do not entail any
of the abuses that section 26(c) was designed to prevent. Unlike a
traditional unit investment trust where a depositor could only
substitute an investment security in a manner which permanently
affected all the investors in the trust, the Contracts provide each
Contract Owner with the right to exercise his or her own judgment and
transfer account values into other subaccounts. Moreover, the Contracts
will offer Affected Contract Owners the opportunity to transfer amounts
out of the affected subaccounts into any of the remaining subaccounts
without cost or other disadvantage. The Substitution, therefore, will
not result in the type of costly forced redemptions that section 26(c)
was designed to prevent. Applicants also maintain that the
Substitutions are unlike the type of substitutions which section 26(c)
was designed to prevent in that by purchasing a Contract, Contract
Owners select much more than a particular registered management open-
end investment company in which to invest their account values. They
also select the specific type of death benefit and other optional
benefits as well as other rights and privileges set forth in the
Contracts.

Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:
    1. The Substitutions will not be effected unless the Companies
determine that: (a) The Contracts allow the substitution of shares of
registered open-end investment companies in the manner contemplated by
the application; (b) the Substitutions can be consummated as described
in the application under applicable insurance laws; and (c) any
regulatory requirements in each jurisdiction where the Contracts are
qualified for sale have been complied with to the extent necessary to
complete the Substitutions.
    2. The Companies or their affiliates will pay all expenses and
transaction costs of the Substitutions, including legal and accounting
expenses, any applicable brokerage expenses and other fees and
expenses. No fees or charges will be assessed to the Contract Owners to
effect the Substitutions.
    3. The Substitutions will be effected at the relative net asset
values of the respective shares in conformity with section 22(c) of the
1940 Act and rule 22c-1 thereunder without the imposition of any
transfer or similar charges by Applicants. The Substitutions will be
effected without change in the amount or value of any Contracts held by
Affected Contract Owners.
    4. The Substitutions will in no way alter the tax treatment of
Affected Contract Owners in connection with their Contracts, and no tax
liability will arise for Affected Contract Owners as a result of the
Substitutions.
    5. The rights or obligations of the Companies under the Contracts
of Affected Contract Owners will not be altered in any way. The
Substitutions will not adversely affect any riders under the Contracts.
    6. Affected Contract Owners will be permitted to make at least one
transfer of Contract value from the subaccount investing in the
Existing Fund (before the Effective Date) or the Replacement Fund
(after the Effective Date) to any other available investment option
under the Contract without charge for a period beginning at least 30
days before the Effective Date through at least 30 days following the
Effective Date. Except as described in any market timing/short-term
trading provisions of the relevant prospectus, the Company will not
exercise any right it may have under the Contract to impose
restrictions on transfers between the subaccounts under the Contracts,
including limitations on the future number of transfers, for a period
beginning at least 30 days before the Effective Date through at least
30 days following the Effective Date.
    7. All Affected Contract Owners will be notified, at least 30 days
before the Effective Date about: (a) The intended substitution of
Existing Funds with the Replacement Funds; (b) the intended Effective
Date; and (c) information with respect to transfers as set forth in
Condition 6 above. In addition, the Companies will also deliver, at
least 30 days before the Effective Date, a prospectus for each
applicable Replacement Fund.
    8. Companies will deliver to each Affected Contract Owner within
five (5) business days of the Effective Date a written confirmation
which will include: (a) A confirmation that the Substitutions were
carried out as previously notified; (b) a restatement of the
information set forth in the Pre-Substitution Notice; and (c) value of
the Contract Owner's positions in each Existing Fund before the
Substitution and the corresponding Replacement Fund after the
Substitution.
    9. For two years following the Effective Date the net annual
expenses of each Replacement Fund will not exceed the net annual
expenses of the corresponding Existing Fund as of the Fund's most
recent fiscal year. To achieve this limitation, the Replacement Fund's
investment adviser will waive fees or reimburse the Replacement Fund in
certain amounts to maintain expenses at or below the limit. Any
adjustments will be made at least on a quarterly basis. In addition,
the Companies will not increase the Contract fees and charges including
asset based charges such as mortality expense risk charges deducted
from the subaccounts that would otherwise be assessed under the terms
of the Contracts for a period of at least two years following the
Effective Date.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-15335 Filed 7-18-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51608]
[DOCID:fr30au06-94]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Non-Project Use of Project Lands and
Waters and Soliciting Comments, Motions To Intervene, and Protests

August 23, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use Of Project Lands And Waters.
    b. Project No.: 2413-081.
    c. Date Filed: July 31, 2006.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Wallace Dam Hydroelectric Project (Lake
Oconee).
    f. Location: The proposed action will take place at the Wallace Dam
Project on Lake Oconee at the former ``Brantley's Marina'', now known
as ``Southbay at Lake Oconee'', which is located in Putnam County,
Georgia near the intersection of Lick Creek and Oconee River sections
of the lake. The address is 144 Marina Road, Eatonton, GA 31024.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a), 825(r)
and Sec. Sec.  799 and 801.
    h. Applicant Contact: Mr. Lee B. Glenn, Lake Resources Manager;
Georgia Power Company (Southern Company); 241 Ralph McGill Blvd., NE.,
Atlanta, GA 30308;<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Brian Romanek at<PHONE_NUMBER>, or by e-mail: Brian
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: September 18, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-2413-081) on any comments or motions filed. Comments,
protests, and interventions may be filed electronically via the
Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
The Commission strongly encourages e-filings.
    k. Description of Request: The licensee has requested Commission
approval to issue a commercial lease to Place Properties (Place) to
continue operation of a public marina and to install additional boat
docks to accommodate the residents of the Southbay at Lake Oconee
community. The amount of project land to be leased is 1.92 acres and
the total number of boat slips would be 94, which is an increase of 38
slips at the existing marina. Place proposes to upgrade certain
existing marina facilities, such as the fueling dock and equipment, and
the ingress and egress roads to the ramp. No dredging is proposed.
    l. Location of the Application: This filing is available for review
at the Commission or may be viewed on the Commission's Web site at
http://www.ferc.gov, using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described applications. A copy of the
applications may be obtained by agencies directly from the Applicant.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicant's
representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-14392 Filed 8-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Rules and Regulations]
[Pages 41086-41088]
[FR Doc No: 2011-17471]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0036; FRL-9430-9]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Volatile Organic Compound Reinforced Plastic Composites
Production Operations Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving into the Ohio State Implementation Plan (SIP)
a new rule for the control of volatile organic compound (VOC) emissions
from reinforced plastic composites production operations. This rule
applies to any facility that has reinforced plastic composites
production operations. This rule is approvable because it satisfies the
requirements of the Clean Air Act (CAA). EPA proposed this rule for
approval on January 27, 2011, and received three sets of comments.

DATES: This final rule is effective on August 12, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2010-0036. 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 (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Air Planning and Maintenance Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What public comments were received on the proposed approval and
what is EPA's response?
II. What action is EPA taking today and what is the basis of this
action?
III. Statutory and Executive Order Reviews

I. What public comments were received on the proposed approval and what
is EPA's response?

    EPA received three comments. A discussion of each follows:
    (A) An anonymous comment was in support of EPA's approval of Ohio's
rule.
    (B) The Aquatic Company commented that it is concerned that the
maximum achievable control technology (MACT) limits in subpart WWWW of
40 CFR part 63, for Reinforced Plastic Composites Production,
underestimate emissions generated by tub/shower manufacturers and notes
that EPA is currently working to correct these and other issues with
subpart WWWW. The Aquatic Company opposes any rule which is tied to the
subpart WWWW regulations. This comment is not directly relevant to this
rulemaking because it is mainly a complaint against the MACT and
provides no suggested revisions to Ohio's rule.
    (C) Premix, Inc. commented that it objects to the 25 tons VOC per
year applicability cutoff for sheet mold compound (SMC) machines.
Premix has successfully, and cost-effectively, controlled VOCs from its
SMC machines using its Tight Wet Area Enclosures and a small
Regenerative Thermal Oxidizer.

This control system has reduced VOC emissions from its two SMC machines
at its facility in North Kingsville, Ohio by more than 95 percent for a
period of 18 months. Premix submits that this new VOC control system
can be cost-effectively implemented on a single, stand-alone SMC
machine, and that therefore EPA should not approve the 25 tons VOC per
year applicability cutoff in Ohio's rule.
    EPA agrees that the Premix control system represents a technically
and economically feasible control system that should be considered to
represent reasonably available control (RACT), which is the level of
control required by VOC sources in ozone nonattainment areas. However,
all of Ohio is designated as attainment of the 1997 8-hour ozone
standard and therefore RACT is not required. EPA notes that if and when
portions of Ohio are designated to nonattainment of a new ozone
standard, it is unlikely that Ohio's reinforced plastic composites rule
will be considered to satisfy RACT for SMC machines.

II. What action is EPA taking today and what is the basis of this
action?

    EPA is approving into Ohio's SIP new rule Ohio Administrative Code
(OAC) 3745-21-25 ``Control of VOC Emissions from Reinforced Plastic
Composites Production Operations.'' This rule was submitted by the Ohio
Environmental Protection Agency (Ohio EPA) to EPA on November 10, 2010,
and contains enforceable requirements for VOC emissions from reinforced
plastic composites production operations. This rule was adopted to
establish VOC requirements for such operations to replace the
requirements contained in OAC rule 3745-21-07 ``Control of emissions of
organic materials from stationary sources.'' 3745-21-07 is Ohio's
general rule for the control of organic materials from stationary
sources that are not controlled by a specific VOC RACT rule. 3745-21-07
has been revised by Ohio, and the revised rule (which is the subject of
a separate Federal Register action) excludes reinforced plastic
composites production operations.
    In EPA's January 27, 2011 proposal (76 FR 4835), we present a
detailed analysis of the State's submission. The reader is referred to
that notice for additional background on the submission.
    As discussed in the proposal, upon achieving compliance with this
rule, the reinforced plastic composites production operations at a
facility are not required to meet the requirements of 3745-21-07. This
exemption from OAC 3745-21-07 is appropriate because OAC 3745-21-25
contains VOC requirements specific to reinforced plastic composites
production operations, whereas OAC 3745-21-07 is a general rule that
covers a number of source categories.
    For facilities subject to OAC 3745-21-25, the control requirements
are more stringent than the requirements for these facilities under OAC
3745-21-07. However, the applicability cutoff of OAC 3745-21-07 is 8
pounds/hour, or 40 pounds/day, as compared to a less stringent 25 tons
VOC/year cutoff for the control requirements of OAC 3745-21-25 for SMC
manufacturing operations. The main purpose of this rule is the control
of such SMC operations because SMC machines were previously covered by
OAC 3745-21-07. Because overall, considering both applicability and the
control requirements for subject sources, OAC 3745-21-07 is more
stringent than OAC 3745-21-25 for SMC machines, EPA must evaluate,
according to section 110(l) of the CAA, whether the revision might
interfere with attainment, maintenance, or any other CAA requirements.
    Ohio EPA submitted an October 25, 2010 demonstration under section
110(l) of the CAA that the less stringent applicability cutoff in OAC
3745-21-25 does not interfere with attainment of the National Ambient
Air Quality Standards (NAAQS), nor interfere with any other requirement
of the CAA. Ohio documented that the actual emission increase from this
change in applicability cutoffs would be 7.1 tons of VOC/year, and that
the worst case maximum theoretical increase in uncontrolled emissions
is 159 tons of VOC/year.
    Most of the SMC production in Ohio is in the Cleveland area. In
December 2007 Ohio EPA promulgated rules reducing emissions of nitrogen
oxides (NOX) in the Cleveland area. These rules, in OAC
Chapter 3745-110, entitled ``NOX RACT,'' addressed
NOX emissions from stationary sources such as boilers,
combustion turbines, and stationary internal combustion engines. The
rules were made applicable as an attainment strategy in the Cleveland-
Akron-Lorain ozone moderate nonattainment area. On September 15, 2009,
EPA redesignated the Cleveland-Akron-Lorain metropolitan area as
attainment for the 1997 8-hour ozone NAAQS. At the same time, EPA
approved a waiver for this area from the NOX RACT
requirements of section 182(f) of the CAA, based on the area attaining
the standard. Ohio's NOXRACT rules are, therefore, surplus
and can be used to offset any increase in emissions from SMC machines
in Ohio. Ohio obtained 538 tons NOx/year actual (and surplus) emission
reductions from the Arcelor-Mittal facility as a result of the
installation of low NOX burners in its three reheat
furnaces. The requirement for these low NOX burners is
permanent and enforceable because they are needed to comply with OAC
3745-110, Ohio's NOX RACT rule. In the Cleveland-Akron-
Lorain area, the ratio of NOX emissions to VOC emissions is
approximately 1.36 pounds NOx/pound VOC. Applying this factor, the VOC
offset potential for the Arcelor-Mittal facility NOX
reductions is 396 tons VOC/year. Consequently, EPA concludes that the
net effect of the relaxation of the applicability criterion plus the
compensation from requiring NOX emission reductions at
Arcelor-Mittal will be an environmental improvement in the Cleveland
area and will not interfere with attainment, maintenance, or other CAA
requirements.
    In addition, two uncontrolled SMC machines are located at
Continental Structural Plastics in Van Wert County, which are outside
of the former Cleveland-Akron-Lorain ozone moderate nonattainment area.
This rule relaxation is not contrary to the requirements of section
110(l) because the most recent three years of data (2008-2010)
indicates that the nearest monitor, which is in Lima (in the Lima-Van
Wert-Wapakoneta, Ohio Combined Statistical Area), has a 3-year ozone
design value which is well under the 2008 8-hour ozone standard (70.0
parts per billion vs. the 75.0 parts per billion standard), such that
removal of a requirement for controlling these SMC machines may be
judged not to have the potential to cause violations of the standard.
Furthermore, if any of its SMC machines exceeds 25 tons VOC per year,
the facility is required to reduce their emissions by 95 percent.
    In conclusion, OAC 3745-21-25 is approvable because all of Ohio is
in attainment of the 1997 8-hour ozone standard and therefore a RACT
level of control is not required and Ohio demonstrated that a
relaxation of the applicability cutoff for SMC machines, from 8 pounds
VOC per hour to 25 tons VOC per year, per machine, does not interfere
with attainment of the National Ambient Air Quality Standards, or
interfere with any other requirement of the CAA, as required by section
110(l) of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission

that complies with the provisions of the CAA and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the CAA. Accordingly, this action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 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 September 12, 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(153) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (153) On November 10, 2010, the Ohio Environmental Protection
Agency (Ohio EPA) submitted new rule OAC 3745-21-25 ``Control of VOC
Emissions from Reinforced Plastic Composites Production Operations''
for approval into its state implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-25 ``Control of VOC
Emissions from Reinforced Plastic Composites Production Operations,''
effective November 11, 2010.
    (B) November 1, 2010, ``Director's Final Findings and Orders,''
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
    (ii) Additional material. (A) An October 25, 2010, letter from
Robert F. Hodanbosi, Chief Division of Air Pollution Control of the
Ohio Environmental Protection Agency to Susan Hedman, Regional
Administrator, containing documentation of noninterference, under
section 110(l) of the Clean Air Act, of the less stringent
applicability cutoff for sheet mold compound machines.

[FR Doc. 2011-17471 Filed 7-12-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 20, 2005 (Volume 70, Number 243)]
[Rules and Regulations]
[Page 75399-75403]
[DOCID:fr20de05-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2005-IA-0006; FRL-8010-9]

Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision
submitted by the state of Iowa. This revision includes the general
rulemaking that Iowa completes for the purpose of updating and
clarifying various rules, and making other minor revisions as generally
described in this document. EPA is also proposing approval of revisions
to the Iowa Operating Permits Program for the purpose of updating and
clarifying various rules included in the general rulemaking. These
revisions add new definitions, as well as an administrative correction
to a previously submitted rule. Approval of these revisions will ensure
consistency between the state and Federally-approved rules, and ensure
Federal enforceability of the State's revised air program rules.

DATES: This direct final rule will be effective February 21, 2006,
without further notice, unless EPA receives adverse comment by January
19, 2006. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2005-IA-0006, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail: Heather Hamilton at<EMAIL_ADDRESS>    3. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2005-IA-0006. EPA's policy is that all comments received will be
included in

the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Environmental Protection

Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:

    What Is a SIP?
    What Is the Federal Approval Process for a SIP?
    What Does Federal Approval of a State Regulation Mean to Me?
    What Is the Part 70 Operating Permits Program?
    What Is the Federal Approval Process for an Operating Permits
Program?
    What Is Being Addressed in This Document?
    Have the Requirements for Approval of a SIP and a Part 70
Revision Been Met?
    What Action is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
    All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.

What Is the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
    Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
    Revision to the state and local agencies operating permits program
are

also subject to public notice, comment, and our approval.

What Is the Federal Approval Process for an Operating Permits Program?

    In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally
adopt regulations consistent with state and Federal requirements. This
process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
    Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the approved operating
permits program. We must provide public notice and seek additional
public comment regarding the proposed Federal action on the state
submission. If adverse comments are received, they must be addressed
prior to any final Federal action by us.
    All state regulations and supporting information approved by EPA
under section 502 of the CAA, including revisions to the state program,
are included in the Federally-approved operating permits program.
Records of such actions are maintained in the CFR at Title 40, part 70,
appendix A, entitled ``Approval Status of State and Local Operating
Permits Programs.''

What Is Being Addressed in This Document?

    EPA is approving the State Implementation Plan (SIP) revisions
submitted by the state of Iowa which include numerous minor revisions
to various rules. The revisions consist of updating references to
Federal rules, clarifying emissions reduction language to permits,
providing notification of ownership for construction permits, adding
definitions, amending variance language, and making minor revisions to
the Compliance Sampling Manual. EPA is also approving a new rule into
the SIP and Operating Permits Program at 567-22.209 to set forth
information with regard to change of ownership for facilities with
voluntary operating permits. EPA is approving revisions to the Iowa
Operating Permits Program to update CFR references, and to update
information with regard to submitting Title V permit applications.
    Revisions to update the CFR references were made to Iowa
Administrative Code (IAC) 567-22.1(1) ``b'' New or reconstructed major
sources of hazardous air pollutants, and, 567-20.2 definition of
``Volatile Organic Compound.''
    Requirements with regard to control equipment which reduces or
eliminates all emissions to the atmosphere (567-22.1(2) ``g'') have
been changed to state that a permit must be obtained requiring emission
reductions before a source may take credit for the reductions. This
revision further states that if a construction permit has been
previously issued, all other conditions of the permit remain in effect.
    The Compliance Sampling Manual is being revised to update
procedures and to clarify and correct some of the existing language in
the manual. References to the CFR within the Compliance Sampling Manual
have also been updated with this change.
    A revision to IAC 567-20.2, as it relates to open burning of
untreated wood, adds a new definition of ``untreated.'' The definition
relates to a rule that limits citizens from burning matter that is
treated and adversely affects the environment. The definition does not
relax the stringency of open burning restrictions, but helps to limit
emissions of pollutants which may adversely affect air quality.
    Additional definitions added at IAC 567-20.2 are as follows:
``biodiesel fuel,'' ``diesel fuel,'' ``number 1 fuel oil,'' and
``number 2 fuel oil.'' Included in the definitions are references to
the American Society for Testing and Material Specifications and
information with regard to the Environmental Protection Agency
registration.
    An amendment was made to the variance language as it relates to
construction permits in IAC 567-21.2(3) ``a.'' This provision
authorizes variances from state regulatory requirements for the limited
purpose of testing alternative fuels. It does not allow variances from
permitting requirements for sources subject to major source permitting
requirements. The revision clearly states that the Iowa Department of
Natural Resources (IDNR) may not grant variances for projects subject
to certain Federal requirements. Although we believe that this limited
variance provision for minor sources is acceptable, we note that
variances from SIP requirements and minor source permit limits issued
under SIPs are not recognized by EPA and do not change the underlying
requirements unless approved by EPA as revisions to the SIP.
    An amendment to 567-22.1(3) ``b'' revises references to the Iowa
Code (542B.1, and 542B.26) that provides requirements for professional
licensed engineers and corporation employees submitting construction
permit applications to IDNR.
    Clarification has been made to IAC 567-22.3(8) (Ownership change of
permitted equipment) to include the accurate mailing address of the Air
Quality Bureau, Iowa Department of Natural Resources.
    The state of Iowa requested a revision to the Title V Operating
Permits Program approved for state rule revisions updating CFR
references to the definitions located at 567-22.100 as follows: EPA
reference method, existing hazardous air pollutant sources, and
hazardous air pollutant. Revisions to update CFR references were also
made at 567-22.101(2) Title V deferred stationary sources, and 567-
22.108(17) ``a''(2), reopening of Title V permits.
    A revision to 567-22.105(1), Duty to apply, was made to reduce the
number of copies of Title V permit applications from four to three and
to clarify where the applications should be sent.
    The state submission also includes an updated incorporation by
reference of EPA's Acid Rain regulations. The state rules, which were
effective on July 13, 2005, are not a part of the SIP or the Operating
Permits Program; and, therefore, we are not acting on this revision to
the Acid Rain regulations.
    On May 2, 2005, a rule was published to add a comma to IAC 567-
22.3(3), Conditions of Approval. A comma was inserted between fuel
specifications and compliance testing to differentiate between the two
conditions. This was erroneously published as a Title V revision and is
being corrected with this revision.

Have the Requirements for Approval of a SIP Revision and Title V
Program Revision Been Met?

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. This revision is also consistent with
applicable EPA requirements in Title V of the Clean Air Act and 40 CFR
part 70.

What Action Is EPA Taking?

    This revision includes rules processed as ``general rulemaking''
that Iowa completes for the purpose of updating and clarifying various
rules, and making other minor revisions as generally described in this
document. Revisions to the Iowa Operating Permits Program for the
purpose of updating and clarifying various rules are also included in
this rulemaking. This revision adds new definitions, and a new rule
that applies to change of

ownership for facilities with voluntary operating permits. One
administrative correction is being made to a previously submitted rule.
EPA is revising the Iowa SIP and Title V operating permit programs by
approving the state rule revisions.
    We are processing this revision to the Iowa State Implementation
Plan and Iowa Operating Permits as a direct final action because these
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 21, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.

    Dated: December 12, 2005.
James B. Gulliford,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations 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 Q--Iowa

0
2. In Sec.  52.820 the table in paragraph (c) is amended by revising
the entries for 567-20.2, 567-21.2, 567-22.1, 567-22.3, 567-22.300, and
567-25.1 and by adding an entry in numerical order for 567-22.209 to
read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                                             EPA--Approved Iowa Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        State
            Iowa citation                          Title              effective               EPA approval date                      Explanation
                                                                         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Iowa Department of Natural Resources Environmental Protection Commission [567]

                                                                     * * * * * * *
                                           Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice

                                                                      * * * * * * *
567-20.2.............................  Definitions.................      9/21/05  12/20/05 [insert FR page number where     The definitions for
                                                                                the document begins]                      anaerobic lagoon, odor,
                                                                                odorous substance, and
                                                                                odorous substance source
                                                                                are not SIP approved.

                                                                    * * * * * * * ,
                                                                 Chapter 21--Compliance

                                                                      * * * * * * *
567-21.2.............................  Variances...................      7/13/05  12/20/05 [insert FR page number where
                                                                                the document begins]

                                                                     * * * * * * *
                                                           Chapter 22--Controlling Pollution
567-22.1.............................  Permits Required for New or       7/13/05  12/20/05 [insert FR page number where     Subrules 22.1(2) and 22.1(2)
                                        Existing Stationary Sources.               the document begins]                      ``i'' have a state
                                                                                effective date of 5/23/01.

                                                                      * * * * * * *
567-22.3.............................  Issuing Permits.............      7/13/05  12/20/05 [insert FR page number where     Subrule 22.3(6) is not SIP
                                                                                the document begins]                      approved.

                                                                      * * * * * * *
567-22.209...........................  Change of Ownership for           7/13/05  12/20/05 [insert FR page number where
                                        Facilities with Voluntary                  the document begins]
                                        Operating Permits.
567-22.300...........................  Operating Permit by Rule for      7/13/05  12/20/05 [insert FR page number where     Subrule 22.300(7) ``c'' has
                                        Small Sources.                             the document begins]                      a state effective date of
                                                                                10/14/98.

                                                                     * * * * * * *
                                                          Chapter 25--Measurement of Emissions
567-25.1.............................  Testing and Sampling of New       7/13/05  12/20/05 [insert FR page number where
                                        and Existing Equipment.                    the document begins]

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

* * * * *

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

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

Appendix A to Part 70--[Amended]

0
2. Appendix A to part 70 is amended by revising paragraph (h) under
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Iowa

* * * * *
    (h) The Iowa Department of Natural Resources submitted for program
approval rules 567-22.100, 567-22.101(2), 567-22.102, 567-22.105(1),
567-22.108(17)``a''(2), 567-22.209 and 567-22.300(12) on July 18, 2005.
The state effective date was July 13, 2005. These revisions to the Iowa
program are approved effective February 21, 2006.
* * * * *

[FR Doc. 05-24259 Filed 12-19-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Page 2290]
[FR Doc No: 2012-691]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 12927-002 and 14075-000]

FFP Project 30, LLC and Northland Power Mississippi River LLC;
Notice Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed filed on February 1, 2011, at 8:30 a.m.,\1\ for proposed
projects to be located on the Mississippi River, in West Feliciana and
Pointe Coupee Parishes, Louisiana. The applications were filed by FFP
Project 30, LLC for Project No. 12927-002, and Northland Power
Mississippi River LLC for Project No. 14075-000.
---------------------------------------------------------------------------

    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2011).
---------------------------------------------------------------------------

    On January 17, 2012, at 9 a.m. (eastern time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\2\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
---------------------------------------------------------------------------

    \2\ 18 CFR 4.37 (2011).
---------------------------------------------------------------------------

    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St. NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

    Dated: January 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-691 Filed 1-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 14, 2008 (Volume 73, Number 199)]
[Rules and Regulations]
[Page 60623-60625]
[DOCID:fr14oc08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30629; Amdt. No 3288]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 14, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 14, 2008.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169, or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available

online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPs.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPs, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on September 19, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 23 OCT 2008

Lakeland, FL, Lakeland Linder Regional, NDB RWY 5, Amdt 4
Lakeland, FL, Lakeland Linder Regional, VOR RWY 9, Amdt 4

Effective 20 NOV 2008

Bethel, AK, Bethel, ILS OR LOC/DME RWY 19R, Amdt 6
Bethel, AK, Bethel, LOC/DME BC RWY 1L, Amdt 6
Bethel, AK, Bethel, RNAV (GPS) RWY 1L, Amdt 1
Bethel, AK, Bethel, RNAV (GPS) RWY 19R, Amdt 1
Bethel, AK, Bethel, RNAV (GPS)-A, Amdt 1
Bethel, AK, Bethel, Takeoff Minimums and Obstacle DP, Amdt 3
Bethel, AK, Bethel, VOR/DME RWY 1L, AMDT 2
Bethel, AK, Bethel, VOR/DME RWY 19R, AMDT 2
Napakiak, AK, Napakiak, RNAV (GPS) RWY 16, Orig
Napakiak, AK, Napakiak, RNAV (GPS) RWY 34, Orig
Napakiak, AK, Napakiak, Takeoff Minimums and Obstacle DP, Orig
Shageluk, AK, Shageluk, RNAV (GPS) RWY 16, Orig
Shageluk, AK, Shageluk, RNAV (GPS) RWY 34, Orig
Shageluk, AK, Shageluk, Takeoff Minimums and Obstacle DP, Orig
Jacksonville, FL, Craig Muni, ILS OR LOC RWY 32, Amdt 4
Jacksonville, FL, Craig Muni, RNAV (GPS) RWY 14, Orig
Jacksonville, FL, Craig Muni, RNAV (GPS) RWY 32, Orig
Jacksonville, FL, Craig Muni, Takeoff Minimums and Obstacle DP, Amdt
3
Jacksonville, FL, Craig Muni, VOR RWY 14, Amdt 4
Jacksonville, FL, Craig Muni, VOR/DME RWY 32, Amdt 2

Miami, FL, Kendall-Tamiami Executive, ILS OR LOC RWY 9R, Amdt 10
Miami, FL, Kendall-Tamiami Executive, RNAV (GPS) RWY 9R, Amdt 1
Miami, FL, Kendall-Tamiami Executive, Takeoff Minimums and Obstacle
DP, Amdt 7
Mattoon/Charleston, IL, Coles County Memorial, RNAV (GPS) RWY 29,
Orig
Mount Vernon, IL, Mount Vernon, GPS RWY 5, Orig-A, CANCELLED
Mount Vernon, IL, Mount Vernon, GPS RWY 23, Orig, CANCELLED
Mount Vernon, IL, Mount Vernon, RNAV (GPS) RWY 5, Orig
Mount Vernon, IL, Mount Vernon, RNAV (GPS) RWY 23, Orig
Morehead, KY, Morehead-Rowan County Clyde A Thomas Rgnl, RNAV (GPS)
RWY 2, Orig
Morehead, KY, Morehead-Rowan County Clyde A Thomas Rgnl, RNAV (GPS)
RWY 20, Orig
Morehead, KY, Morehead-Rowan County Clyde A Thomas Rgnl, Takeoff
Minimums and Obstacle DP, Orig
Mitchellville, MD, Freeway, VOR RWY 36, Orig-B, CANCELLED
Traverse City, MI, Cherry Capital, RNAV (GPS) RWY 10, Orig
Cape Girardeau, MO, Cape Girardeau Rgnl, ILS OR LOC RWY 10, Amdt 11
Cape Girardeau, MO, Cape Girardeau Rgnl, LOC/DME BC RWY 28, Amdt 7
Hattiesburg, MS, Hattiesburg Bobby L. Chain Muni, VOR RWY 13, Amdt
12
Jackson, MS, Hawkins Field, GPS RWY 16, Orig, CANCELLED
Jackson, MS, Hawkins Field, GPS RWY 34, Orig, CANCELLED
Jackson, MS, Hawkins Field, RNAV (GPS) RWY 16, Orig
Jackson, MS, Hawkins Field, RNAV (GPS) RWY 34, Orig
Carson City, NV, Carson, RNAV (GPS)-A, Orig
Carson City, NV, Carson, Takeoff Minimums and Obstacle DP, Orig
New York, NY, LaGuardia, Takeoff Minimums and Obstacle DP, Amdt 8
Newburgh, NY, Stewart Intl, Takeoff Minimums and Obstacle DP, Amdt 5
McMinnville, OR, McMinnville Muni, Takeoff Minimums and Obstacle DP,
Amdt 4
McMinnville, OR, McMinnville Muni, VOR/DME-B, Amdt 6
Ontario, OR, Ontario Muni, Takeoff Minimums and Obstacle DP, Amdt 3
State College, PA, University Park, ILS OR LOC RWY 24, Amdt 9
State College, PA, University Park, RNAV (GPS) RWY 6, Amdt 1
State College, PA, University Park, RNAV (GPS) RWY 24, Orig
State College, PA, University Park, VOR-B, Amdt 10
Lebanon, TN, Lebanon Muni, GPS RWY 19, Orig, CANCELLED
Lebanon, TN, Lebanon Muni, NDB RWY 19, Amdt 1
Lebanon, TN, Lebanon Muni, RNAV (GPS) RWY 19, Orig
Ogden, UT, Ogden-Hinckley, VOR/DME RWY 7, Amdt 6
Richlands, VA, Tazewell County, LOC/DME RWY 25, Orig
Ellensburg, WA, Bowers Field, VOR-B, Amdt 3
Pasco, WA, Tri-Cities, VOR/DME RWY 30, Amdt 3
    Correction: On September 11, 2008 (73 FR 52779), the FAA
published an Amendment in Docket No. 30624, Amdt No. 3284 to Part 97
of the Federal Aviation Regulations under section 97.29. The 1st
entry for Pittsburgh, PA, Pittsburgh Intl, effective September 25,
2008, is hereby corrected to read as follows:
Pittsburgh, PA, Pittsburgh Intl, CONVERGING ILS RWY 28R, Amdt 4,
CANCELLED
    Rescinded: On August 7, 2008 (73 FR 45861), the FAA published an
Amendment in Docket No. 30620, Amdt No. 3280 to Part 97 of the
Federal Aviation Regulations under section 97.25. The following
entry, effective September 25, 2008, is hereby rescinded in its
entirety:

Ketchikan, AK, Ketchikan Intl, ILS OR LOC/DME Y RWY 11, Amdt 7

[FR Doc. E8-23913 Filed 10-10-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Notices]
[Page 67002-67003]
[DOCID:fr17de09-85]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 30b1-6T; SEC File No. 270-599; OMB Control No. 3235-0652.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Rule 30b1-6T (17 CFR 270.30b1-6T) under the Investment Company Act
of 1940 (the ``Act'') is entitled: ``Weekly Portfolio Report for
Certain Money Market Funds.'' The rule requires that if the market-
based net asset value (``market-based NAV'') of a registered investment
company, or series thereof, that is regulated as a money market fund
under rule 2a-7 (17 CFR 270.2a-7) on any business day is less than
$.9975 \1\ that money market fund must promptly notify the Securities
and Exchange Commission (``Commission'') by electronic mail and provide
a portfolio schedule to the Commission within one business day.
Subsequently, the money market fund must submit a portfolio schedule
within two business days after the end of each week until the fund's
market-based NAV at the end of the week equals or exceeds $.9975. The
portfolio schedule must be sent electronically in Microsoft Excel
format. The purpose of the rule is to facilitate the Commission's
oversight of money market funds and ensure that the Commission receives
substantially similar information to that which it received from money
market funds participating in the Treasury Department's Temporary
Guarantee Program for Money Market Funds (``Guarantee Program''), which
had guaranteed the $1.00 share value of accounts held by investors as
of September 19, 2008 in participating money market funds.\2\ The
Guarantee Program was established to help stabilize money market funds
following a period of substantial redemptions that threatened the
ability of some money market funds to maintain the $1.00 share
value.\3\ The program expired on September 18, 2009.
---------------------------------------------------------------------------

    \1\ Most money market funds seek to maintain a stable net asset
value per share of $1.00, but a few seek to maintain a stable net
asset value per share of a different amount, e.g., $10.00. For
convenience, we generally refer to the stable net asset value of
$1.00 per share.
    \2\ Our staff estimates that approximately 79 percent of money
market funds participated in the Guarantee Program, and that the
money market funds that did not participate in the program were
mostly funds that invest predominately in U.S. Treasury and U.S.
Government securities.
    \3\ See Press Release, U.S. Department of the Treasury, Treasury
Announces Guaranty Program for Money Market Funds (Sept. 19, 2008),
available at http://www.treas.gov/press/releases/hp1147.htm.
---------------------------------------------------------------------------

    Commission staff estimates estimate, based on past experience under
the Guarantee Program, that 10 money market funds are required by rule
30b1-6T to provide weekly reports disclosing certain information
regarding the fund's portfolio holdings. Staff estimates that money
market funds require an average of approximately 6 burden hours to
compile and electronically submit the initial required portfolio
holdings information, and an average of approximately 4 burden hours in
subsequent reports.\4\ Based on these estimates, we estimate that the
annual burden will be 210 hours per money market fund that is required
to provide the information and an aggregate annual burden of 2100 hours
for all of the money market funds required to submit portfolio
schedules.\5\
---------------------------------------------------------------------------

    \4\ We understand that the required information is currently
maintained by money market funds pursuant to other regulatory
requirements or in the ordinary course of business. Accordingly, for
the purposes of our analysis, we do not ascribe any time to
gathering the required information.
    \5\ Because one report is required each week, a fund would
submit 52 reports in one year. The first report would require 6
hours and subsequent reports would require 4 hours each. The
difference between the hours is due to the fact that funds generally
would not incur the additional start-up time applicable to the first
report. The annual burden of the reporting requirement would be 210
hours (1 report x 6 hours = 6 hours, 51 reports x 4 hours = 204
hours, and 6 hours + 204 hours = 210 hours). 210 hours x 10 (the
estimated number of money market funds that will be required to
submit portfolio schedules under the rule each year) = 2100 hours.
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. An agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it
displays a currently valid control number. Compliance with rule 30b1-6T
is mandatory for any money market fund whose market-based NAV is less
than $.9975. Responses to the disclosure requirements will be kept
confidential.
    Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or e-mail to: or Shagufta Ahmed
at<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/CIO,
Securities and Exchange Commission, C/O Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: December 10, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29968 Filed 12-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9768-9769]
[FR Doc No: 2011-3807]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 637-022]

Public Utility District No. 1 Chelan County; Notice of
Application for Amendment of License and Soliciting Comments, Motions
To Intervene, and Protests

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No.: 637-022.
    c. Date Filed: January 21, 2011.
    d. Applicant: Public Utility District No. 1 Chelan County.
    e. Name of Project: Lake Chelan Hydroelectric Project.
    f. Location: The project is located on the Chelan River in Chelan
County near the City of Chelan, Washington.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Michele Smith, Licensing and Compliance
Manager at P.O. Box 1231, Wenatchee, Washington. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Patricia Grant at<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests, is 30 days from the issuance date of this notice. All
documents may be filed electronically via the Internet. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.

    Please include the project number (P-637-022) on any comments,
motions, or recommendations filed.
    k. Description of the Application: Public Utility District No. 1
Chelan County has filed a request for Commission approval to authorize
Grandview on the Lake (formerly known as the Caravel Resort) to
construct a new 17-slip marina on the lower tip of Lake Chelan within
the project boundary.
    l. Location of the Application: This filing is available for review
at the Commission or may be viewed on the Commission's Web site at
http://www.ferc.gov, using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of
new filings and issuances related to this or other pending projects.
For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). Agencies may obtain copies of the application directly from
the applicant. A copy of any protest or motion to intervene must be
served upon each representative of the applicant specified in the
particular application. If an intervener files comments or documents
with the Commission relating to the merits of an issue that may affect
the responsibilities of a particular resource agency, they must also
serve a copy of the document on that resource agency. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.

    Dated: February 14, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3807 Filed 2-18-11; 8:45 am]
BILLING CODE 6717-01-P