[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36052-36053]
[FR Doc No: 2014-14847]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-500-000]

Arlington Storage Company, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on June 13, 2014, Arlington Storage Company, LLC
(Arlington), 700 Louisiana Street, Suite 2060, Houston, Texas 77002,
filed in the above Docket, a prior notice request pursuant to sections
157.205, and 157.211 of the Commission's regulations under the Natural
Gas Act (NGA) for authorization to construct a new delivery point on a
pipeline that is part of its Seneca Lake Storage Project in Schuyler
County, New York, all as more fully set forth in the application. The
application is on file with the Commission and open to public
inspection. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to James
F. Bowe, Jr., King & Spalding LLP, 1700 Pennsylvania Avenue NW., Suite
200, Washington, DC 20006, by telephone at<PHONE_NUMBER>, by facsimile
at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and

state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's FEIS
or EA.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.

    Dated: June 19, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-14847 Filed 6-24-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20298-20301]
[FR Doc No: 2011-8729]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 544

[Docket No. NHTSA-2011-0016]
RIN 2127-AK90

Insurer Reporting Requirements; List of Insurers; Required To
File Reports

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend appendices to NHTSA
regulations on Insurer Reporting Requirements. The appendices list
those passenger motor vehicle insurers that are required to file
reports on their motor vehicle theft loss experiences. An insurer
included in any of these appendices would be required to file three
copies of its report for the 2008 calendar year before October 25,
2011. If the passenger motor vehicle insurers remain listed, they must
submit reports by each subsequent October 25. We are proposing to add
and remove several insurers from relevant appendices.

DATES: Comments must be submitted not later than June 13, 2011.
Insurers listed in the appendices are required to submit reports on or
before October 25, 2011.

ADDRESSES: You may submit comments, identified by DOT Docket No. NHTSA-
2011-0016 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m. ET, Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to the street address listed above. The internet
access to the docket will be at http://www.regulations.gov. Follow the
online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590, by electronic mail to
<EMAIL_ADDRESS>Ms. Ballard's telephone number is (202) 366-
0846. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to 49 U.S.C. 33112, Insurer reports and information, NHTSA
requires certain passenger motor vehicle insurers to file an annual
report with the agency. Each insurer's report includes information
about thefts and recoveries of motor vehicles, the rating rules used by
the insurer to establish premiums for comprehensive coverage, the
actions taken by the insurer to reduce such

premiums, and the actions taken by the insurer to reduce or deter
theft. Under the agency's regulation, 49 CFR part 544, the following
insurers are subject to the reporting requirements:
    (1) Issuers of motor vehicle insurance policies whose total
premiums account for 1 percent or more of the total premiums of motor
vehicle insurance issued within the United States;
    (2) Issuers of motor vehicle insurance policies whose premiums
account for 10 percent or more of total premiums written within any one
state; and
    (3) Rental and leasing companies with a fleet of 20 or more
vehicles not covered by theft insurance policies issued by insurers of
motor vehicles, other than any governmental entity.
    Pursuant to its statutory exemption authority, the agency exempted
certain passenger motor vehicle insurers from the reporting
requirements.

A. Small Insurers of Passenger Motor Vehicles

    Section 33112(f)(2) provides that the agency shall exempt small
insurers of passenger motor vehicles if NHTSA finds that such
exemptions will not significantly affect the validity or usefulness of
the information in the reports, either nationally or on a state-by-
state basis. The term ``small insurer'' is defined, in Section
33112(f)(1)(A) and (B), as an insurer whose premiums for motor vehicle
insurance issued directly or through an affiliate, including pooling
arrangements established under state law or regulation for the issuance
of motor vehicle insurance, account for less than 1 percent of the
total premiums for all forms of motor vehicle insurance issued by
insurers within the United States. However, that section also
stipulates that if an insurance company satisfies this definition of a
``small insurer,'' but accounts for 10 percent or more of the total
premiums for all motor vehicle insurance issued in a particular state,
the insurer must report about its operations in that state.
    In the final rule establishing the insurer reports requirement (52
FR 59; January 2, 1987), 49 CFR Part 544, NHTSA exercised its exemption
authority by listing in Appendix A each insurer that must report
because it had at least 1 percent of the motor vehicle insurance
premiums nationally. Listing the insurers subject to reporting, instead
of each insurer exempted from reporting because it had less than 1
percent of the premiums nationally, is administratively simpler since
the former group is much smaller than the latter. In Appendix B, NHTSA
lists those insurers required to report for particular states because
each insurer had a 10 percent or greater market share of motor vehicle
premiums in those states. In the January 1987 final rule, the agency
stated that it would update Appendices A and B annually. NHTSA updates
the appendices based on data voluntarily provided by insurance
companies to A.M. Best.\1\ A.M. Best publishes in its State/Line Report
each spring. The agency uses the data to determine the insurers' market
shares nationally and in each state.
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    \1\ A.M. Best Company is a well-recognized source of insurance
company ratings and information. 49 U.S.C. 33112(i) authorizes NHTSA
to consult with public and private organizations as necessary.
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B. Self-Insured Rental and Leasing Companies

    In addition, upon making certain determinations, NHTSA grants
exemptions to self-insurers, i.e., any person who has a fleet of 20 or
more motor vehicles (other than any governmental entity) used for
rental or lease whose vehicles are not covered by theft insurance
policies issued by insurers of passenger motor vehicles, 49 U.S.C.
33112(b)(1) and (f). Under 49 U.S.C. 33112(e)(1) and (2), NHTSA may
exempt a self-insurer from reporting, if the agency determines:
    (1) The cost of preparing and furnishing such reports is excessive
in relation to the size of the business of the insurer; and 33112(e)(1)
and (2),
    (2) The insurer's report will not significantly contribute to
carrying out the purposes of Chapter 331.
    In a final rule published June 22, 1990 (55 FR 25606), the agency
granted a class exemption to all companies that rent or lease fewer
than 50,000 vehicles, because it believed that the largest companies'
reports sufficiently represent the theft experience of rental and
leasing companies. NHTSA concluded that smaller rental and leasing
companies' reports do not significantly contribute to carrying out
NHTSA's statutory obligations and that exempting such companies will
relieve an unnecessary burden on them. As a result of the June 1990
final rule, the agency added Appendix C, consisting of an annually
updated list of the self-insurers subject to part 544. Following the
same approach as in Appendix A, NHTSA included, in Appendix C, each of
the self-insurers subject to reporting instead of the self-insurers
which are exempted.
    NHTSA updates Appendix C based primarily on information from
Automotive Fleet Magazine and Auto Rental News.\2\
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    \2\ Automotive Fleet Magazine and Auto Rental News are
publications that provide information on the size of fleets and
market share of rental and leasing companies.
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C. When a Listed Insurer Must File a Report

    Under Part 544, as long as an insurer is listed, it must file
reports on or before October 25 of each year. Thus, any insurer listed
in the appendices must file a report before October 25, and by each
succeeding October 25, absent an amendment removing the insurer's name
from the appendices.

II. Proposal

1. Insurers of Passenger Motor Vehicles

    Appendix A lists insurers that must report because each had 1
percent of the motor vehicle insurance premiums on a national basis.
The list was last amended in a final rule published on September 3,
2010 (75 FR 54041). Based on the 2008 calendar year data market shares
from A. M. Best, NHTSA proposes to remove California State Auto Group
and Safeco Insurance Group from Appendix A.
    Each of the 17 insurers listed in Appendix A are required to file a
report before October 25, 2011, setting forth the information required
by Part 544 for each State in which it did business in the 2008
calendar year. As long as these 17 insurers remain listed, they will be
required to submit reports by each subsequent October 25 for the
calendar year ending slightly less than 3 years before.
    Appendix B lists insurers required to report for particular States
for calendar year 2008, because each insurer had a 10 percent or
greater market share of motor vehicle premiums in those States. Based
on the 2008 calendar year data for market shares from A.M. Best, we
propose to remove Balboa Insurance Group of South Dakota from Appendix
B.
    The eight remaining insurers listed in Appendix B are required to
report on their calendar year 2008 activities in every State where they
had a 10 percent or greater market share. These reports must be filed
by October 25, 2011, and set forth the information required by Part
544. As long as these eight insurers remain listed, they would be
required to submit reports on or before each subsequent October 25 for
the calendar year ending slightly less than 3 years before.

2. Rental and Leasing Companies

    Appendix C lists rental and leasing companies required to file
reports. NHTSA proposes to make no change to Appendix C.
    Each of the remaining five companies (including franchisees and
licensees)

listed in Appendix C are required to file reports for calendar year
2008 no later than October 25, 2011, and set forth the information
required by Part 544. As long as those five companies remain listed,
they would be required to submit reports before each subsequent October
25 for the calendar year ending slightly less than 3 years before.

III. Regulatory Impacts

1. Costs and Other Impacts

    This notice has not been reviewed under Executive Order 12866.
NHTSA has considered the impact of this proposed rule and determined
that the action is not ``significant'' within the meaning of the
Department of Transportation's regulatory policies and procedures. This
proposed rule implements the agency's policy of ensuring that all
insurance companies that are statutorily eligible for exemption from
the insurer reporting requirements are in fact exempted from those
requirements. Only those companies that are not statutorily eligible
for an exemption are required to file reports.
    NHTSA does not believe that this proposed rule, reflecting current
data, affects the impacts described in the final regulatory evaluation
prepared for the final rule establishing Part 544 (52 FR 59; January 2,
1987). Accordingly, a separate regulatory evaluation has not been
prepared for this rulemaking action. The cost estimates in the 1987
final regulatory evaluation should be adjusted for inflation, using the
Bureau of Labor Statistics Consumer Price Index for 2011 (see http://www.bls.gov/cpi). The agency estimates that the cost of compliance is
$50,000 (1987 dollars) for any insurer added to Appendix A, $20,000
(1987 dollars) for any insurer added to Appendix B, and $5,770 (1987
dollars) for any insurer added to Appendix C. If this proposed rule is
made final, for Appendix A, the agency would propose to remove two
companies; for Appendix B, the agency would propose to remove one
company; and for Appendix C, the agency would propose to make no
change. The agency estimates that the net effect of this proposal, if
made final, would be a cost decrease of approximately $120,000 (1987
dollars) to insurers as a group.
    Interested persons may wish to examine the 1987 final regulatory
evaluation. Copies of that evaluation were placed in Docket No. T86-01;
Notice 2. Any interested person may obtain a copy of this evaluation by
writing to NHTSA, Technical Reference Division, 1201 New Jersey Avenue,
SE., East Building, Ground Floor, Room E12-100, Washington, DC 20590,
or by calling<PHONE_NUMBER>.

2. Paperwork Reduction Act

    The information collection requirements in this proposed rule were
submitted to the Office of Management and Budget (OMB) pursuant to the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This collection of information is assigned OMB Control Number 2127-0547
(``Insurer Reporting Requirements''). This collection of information is
approved for use through April 30, 2012 and the agency will seek to
extend the approval afterwards. The existing information collection
indicates that the number of respondents for this collection is thirty,
however, the actual number of respondents fluctuates from year to year.
Therefore, because the number of respondents required to report for
this final rule does not exceed the number of respondents indicated in
the existing information collection, the agency does not believe that
an amendment to the existing information collection is necessary.

3. Regulatory Flexibility Act

    The agency also considered the effects of this rulemaking under the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). I certify that
this proposed rule will not have a significant economic impact on a
substantial number of small entities. The rationale for the
certification is that none of the companies proposed for Appendices A,
B, or C are construed to be a small entity within the definition of the
RFA. ``Small insurer'' is defined, in part under 49 U.S.C. 33112, as
any insurer whose premiums for all forms of motor vehicle insurance
account for less than 1 percent of the total premiums for all forms of
motor vehicle insurance issued by insurers within the United States, or
any insurer whose premiums within any State, account for less than 10
percent of the total premiums for all forms of motor vehicle insurance
issued by insurers within the State. This notice would exempt all
insurers meeting those criteria. Any insurer too large to meet those
criteria is not a small entity. In addition, in this rulemaking, the
agency proposes to exempt all ``self insured rental and leasing
companies'' that have fleets of fewer than 50,000 vehicles. Any self-
insured rental and leasing company too large to meet that criterion is
not a small entity.

4. Federalism

    This action has been analyzed according to the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.

5. Environmental Impacts

    In accordance with the National Environmental Policy Act, NHTSA has
considered the environmental impacts of this proposed rule and
determined that it would not have a significant impact on the quality
of the human environment.

6. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading, at the beginning of this document
to find this action in the Unified Agenda.

7. Plain Language

    Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the proposal clearly stated?
     Does the proposal contain technical language or jargon
that is not clear?
     Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or
diagrams?
     What else could we do to make the proposal easier to
understand?
    If you have any responses to these questions, you can forward them
to me several ways:
    a. Mail: Carlita Ballard, Office of International Policy, Fuel
Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue, SE.,
(West Building) Washington, DC 20590;
    b. E-mail<EMAIL_ADDRESS>or
    c. Fax:<PHONE_NUMBER>.

IV. Comments

Submission of Comments

1. How can I influence NHTSA's thinking on this proposed rule?
    In developing our rules, NHTSA tries to address the concerns of all
our

stakeholders. Your comments will help us improve this rule. We invite
you to provide views on our proposal, new data, a discussion of the
effects of this proposal on you, or other relevant information. We
welcome your views on all aspects of this proposed rule. Your comments
will be most effective if you follow the suggestions below:
     Explain your views and reasoning clearly.
     Provide solid technical and cost data to support your
views.
     If you estimate potential costs, explain how you derived
the estimate.
     Provide specific examples to illustrate your concerns.
     Offer specific alternatives.
     Include the name, date, and docket number with your
comments.
2. How do I prepare and submit comments?
    Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments must not exceed 15 pages long (49 CFR 553.21). We
established this limit to encourage you to write your primary comments
concisely. You may attach necessary documents to your comments. We have
no limit on the attachments' length.
    Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
    Comments may also be submitted to the docket electronically by
logging onto the Federal eRulemaking Portal Web site at http://www.regulation.gov. Follow the online instructions for submitting
comments.
3. How can I be sure that my comments were received?
    If you wish Docket Management to notify you, upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will mail the postcard.
4. How do I submit confidential business information?
    If you wish to submit any information under a confidentiality
claim, you should submit three copies of your complete submission,
including the information you claim as confidential business
information, to the Chief Counsel, Office of Chief Counsel, NHTSA, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above under ADDRESSES. When you send a comment containing
information claimed to be confidential business information, you should
include a cover letter addressing the information specified in our
confidential business information regulation (49 CFR part 512).
5. Will the agency consider late comments?
    NHTSA will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider, in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.
6. How can I read the comments submitted by other people?
    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above, in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, log onto the
Federal eRulemaking Portal at http://www.regulation.gov.

V. Conclusion

    Based on the foregoing, we are proposing to amend Appendices B and
C of 49 CFR 544, Insurer Reporting Requirements. We are also amending
Sec.  544.5 to revise the example given the recent update to the
reporting requirements.

List of Subjects in 49 CFR Part 544

    Crime insurance, Insurance, Insurance companies, Motor vehicles,
Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Part 544 is proposed to
be amended as follows:

PART 544--[AMENDED]

    1. The authority citation for part 544 continues to read as
follows:

    Authority:  49 U.S.C. 33112; delegation of authority at 49 CFR
1.50.

    2. Paragraph (a) of Sec.  544.5 is revised to read as follows:

Sec.  544.5  General requirements for reports.

    (a) Each insurer to which this part applies shall submit a report
annually before October 25, beginning on October 25, 1986. This report
shall contain the information required by Sec.  544.6 of this part for
the calendar year 3 years previous to the year in which the report is
filed (e.g., the report due by October 25, 2011, will contain the
required information for the 2008 calendar year).
* * * * *
    3. Appendix A to part 544 is revised to read as follows:

Appendix A--Insurers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements in Each State in Which They Do Business

Allstate Insurance Group
American Family Insurance Group
American International Group
Auto Club Enterprise Insurance Group
Auto-Owners Insurance Group
Berkshire Hathaway/GEICO Corporation Group
Erie Insurance Group
Farmers Insurance Group
Hartford Insurance Group
Liberty Mutual Insurance Companies
Metropolitan Life Auto & Home Group
Mercury General Group
Nationwide Group
Progressive Group
State Farm Group
Travelers Companies
USAA Group

    4. Appendix B to part 544 is revised to read as follows:

Appendix B--Issuers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements Only in Designated States

Alfa Insurance Group (Alabama)
Auto Club (Michigan)
Commerce Group, Inc. (Massachusetts)
Kentucky Farm Bureau Group (Kentucky)
New Jersey Manufacturers Group (New Jersey)
Safety Group (Massachusetts)
Southern Farm Bureau Group (Arkansas, Mississippi)
Tennessee Farmers Companies (Tennessee)

    5. Appendix C to part 544 is revised to read as follows:

Appendix C--Motor Vehicle Rental and Leasing Companies (Including
Licensees and Franchisees) Subject to the Reporting Requirements of
Part 544

Avis Budget Group (subsidiary of Cendant)
Dollar Thrifty Automotive Group
Enterprise Holding Inc./Enterprise Rent-A-Car Company
Hertz Rent-A-Car Division (subsidiary of The Hertz Corporation)
U-Haul International, Inc. (subsidiary of AMERCO)

    Issued on: April 7, 2011.
Joseph S. Carra,
Acting, Associate Administrator for Rulemaking.
[FR Doc. 2011-8729 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40121-40123]
[FR Doc No: 2012-16546]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67323; File No. SR-ISE-2012-57]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Extend the Penny Pilot Program

June 29, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 20, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``SEC'' or ``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its rules relating to a pilot program to
quote and to trade certain options in pennies (``Penny Pilot
Program''). The text of the proposed rule change is as follows, with
deletions in [brackets] and additions italicized:
Rule 710. Minimum Trading Increments
    (a) The Board may establish minimum trading increments for options
traded on the Exchange. Such changes by the Board will be designated as
a stated policy, practice, or interpretation with respect to the
administration of this Rule 710 within the meaning of subparagraph
(3)(A) of Section 19(b) of the Exchange Act and will be filed with the
SEC as a rule change for effectiveness upon filing. Until such time as
the Board makes a change in the increments, the following principles
shall apply:
    (1) If the options contract is trading at less than $3.00 per
option, $.05; and
    (2) If the options contract is trading at $3.00 per option or
higher, $.10.
    (b) Minimum trading increments for dealings in options contracts
other than those specified in paragraph (a) may be fixed by the
Exchange from time to time for options contracts of a particular
series.

    (c) Notwithstanding the above, the Exchange may trade in the
minimum variation of the primary market in the underlying security.
Supplementary Material to Rule 710
    .01 Notwithstanding any other provision of this Rule 710, the
Exchange will operate a pilot program, scheduled to expire on [June 30]
December 31, 2012, to permit options classes to be quoted and traded in
increments as low as $.01. The Exchange will specify which options
trade in such pilot, and in what increments, in Regulatory Information
Circulars filed with the Commission pursuant to Rule 19b-4 under the
Exchange Act and distributed to Members.
    The Exchange may replace any penny pilot issues that have been
delisted with the next most actively traded multiply listed options
classes that are not yet included in the penny pilot, based on trading
activity in the previous six months. The replacement issues may be
added to the penny pilot on the second trading day following [January]
July 1, 2012.
    .02 No Change.
* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Under the Penny Pilot Program, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot Program is currently
scheduled to expire on June 30, 2012.\4\ The Exchange proposes to
extend the time period of the Penny Pilot Program through December 31,
2012, and to provide revised dates for adding replacement issues to the
Penny Pilot program. The Exchange proposes that any Penny Pilot Program
issues that have been delisted may be replaced on the second trading
day following July 1, 2012. The replacement issues will be selected
based on trading activity for the six month period beginning December
1, 2011, and ending May 31, 2012. This filing does not propose any
substantive changes to the Penny Pilot Program: All classes currently
participating will remain the same and all minimum increments will
remain unchanged. The Exchange believes the benefits to public
customers and other market participants who will be able to express
their true prices to buy and sell options have been demonstrated to
outweigh the increase in quote traffic.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 65968 (December 15, 2011), 76
FR 79723 (December 22, 2011) (SR-ISE-2011-83).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is found in Section 6(b)(5),\5\ in
that the proposed rule change is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest. In particular, the
proposed rule change, which extends the Penny Pilot Program for an
additional six months, will enable public customers and other market
participants to express their true prices to buy and sell options for
the benefit of all market participants.
---------------------------------------------------------------------------

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

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

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

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

    The Exchange has not solicited, and does not intend to solicit
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\10\
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program and will allow the
Exchange and the Commission additional time to analyze the impact of
the Pilot Program.\12\ Accordingly, the Commission designates the
proposed

rule change as operative upon filing with the Commission.\13\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also supra note 4.
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-ISE-2012-57 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-57. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-57 and should be
submitted on or before July 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-16546 Filed 7-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3147-3152]
[FR Doc No: 2012-1089]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0714; FRL-9620-3]

 Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of
the 1997 Annual Fine Particulate Standard for the Philadelphia-
Wilmington Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to make two determinations
regarding the Philadelphia-Wilmington fine particulate
(PM2.5) nonattainment area (the Philadelphia Area). First,
EPA is making a determination that the Philadelphia Area has attained
the 1997 annual PM2.5 national ambient air quality standard
(NAAQS) by its attainment date of April 5, 2010. This determination is
based upon quality assured and certified ambient air monitoring data
that show the area has monitored attainment of the 1997 annual
PM2.5 NAAQS for the 2007-2009 monitoring period. Second, EPA
is making a clean data determination, finding that the Philadelphia
Area has attained the 1997 PM2.5 NAAQS, based on quality
assured and certified ambient air monitoring data for the 2007-2009 and
2008-2010 monitoring periods. In accordance with EPA's applicable
PM2.5 implementation rule, this determination suspends the
requirement for the Philadelphia Area to submit an attainment
demonstration, reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, and contingency measures
related to attainment of the 1997 annual PM2.5 NAAQS for so
long as the area continues to attain the 1997 annual PM2.5
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements at any time if submitted to EPA for
review and approval. These actions are being taken under the Clean Air
Act (CAA).

DATES: This rule is effective on March 23, 2012 without further notice,
unless EPA receives adverse written comment by February 22, 2012. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0714 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0714, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0714. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment 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
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 www.regulations.gov or in hard copy during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's
action related to Delaware or Pennsylvania, please contact Maria A.
Pino,<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>If you have
questions concerning EPA's action related to New Jersey, please contact
Henry Feingersh,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For detailed information regarding these
actions, EPA prepared a Technical Support Document (TSD). The TSD can
be viewed at http://www.regulations.gov. The following outline is
provided to aid in locating information in this action.

I. What are the actions that EPA is taking?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Final Actions
VI. Statutory and Executive Order Reviews

I. What are the actions that EPA is taking?

    Pursuant to section 179(c) of the CAA, EPA is making a
determination that the Philadelphia Area attained the 1997
PM2.5 NAAQS by its attainment date, April 5, 2010. This
determination is based upon quality assured and certified ambient air
monitoring data for the 2007-2009 monitoring period that shows the area
has monitored attainment of the 1997 PM2.5 NAAQS during this
monitoring period.
    EPA is also making a clean data determination, finding that the
Philadelphia Area has attained the 1997 PM2.5 NAAQS. This
determination is based upon quality assured and certified ambient air
monitoring data that show the area has monitored attainment of the 1997
PM2.5 NAAQS for the 2007-2009 and 2008-2010 monitoring
periods. After the effective date of this determination, the
requirement for the Philadelphia Area to submit an attainment
demonstration, RACM, an RFP plan, and contingency measures related to
attainment of the 1997 PM2.5 NAAQS shall be suspended for so
long as the area continues to attain the 1997 PM2.5 NAAQS.
Although these requirements are suspended, EPA is not precluded from
acting upon these elements at any time if submitted to EPA for review
and approval. The States of Delaware and New Jersey, and the
Commonwealth of Pennsylvania have submitted SIP revisions for their
portions of the Philadelphia Area to EPA for review and approval.

II. What is the background for these actions?

A. The Philadelphia Area

    On July 18, 1997, EPA established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-
year average of annual mean PM2.5 concentrations (``the
annual PM2.5 NAAQS'' or ``the annual standard'') (62 FR
36852). At that time, EPA also established a 24-hour standard of 65
[mu]g/m\3\ (the ``1997 24-hour standard''). See, 40 CFR 50.7. On
January 5, 2005, EPA published its air quality designations for the
1997 PM2.5 NAAQS based upon air quality monitoring data for
calendar years 2001-2003 (70 FR 944). These designations became
effective on April 5, 2005. The Philadelphia Area, which includes the
New Castle County in Delaware; Burlington, Camden, and Gloucester
Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties in Pennsylvania was designated nonattainment for
the 1997 annual PM2.5 NAAQS during this designations
process. See, 40 CFR 81.308, 81.832, and 81.339. The attainment date
for the 1997 annual PM2.5 NAAQS is as expeditiously as
practicable, but no more than five years from the date of designation.
See, 40 CFR 51.1004(a). Therefore, the attainment date for the
Philadelphia Area is April 5, 2010.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, and promulgated a 24-hour
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations (the ``2006 24-hour standard'').
On November 13, 2009, EPA published the area designations for the 2006
24-hour standard (74 FR 58688). That action, effective on December 14,
2009, designated the same Philadelphia Area as nonattainment for the
2006 24-hour standard and clarified that the Philadelphia Area is
designated as unclassifiable/attainment for the 1997 24-hour
PM2.5 standard. This rulemaking only addresses the 1997
annual PM2.5 standard and does not address the 1997 or the
2006 24-hour PM2.5 standards.
    In response to legal challenges of the 2006 annual standard, the
U.S. Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) remanded this standard to EPA for further consideration. See,
American Farm Bureau Federation and National Pork Producers Council, et
al. v. EPA, 559 F.3d 512 (D.C. Circuit 2009). However, given that the
1997 and 2006 annual PM2.5 standards are essentially
identical, attainment of the 1997 annual standard would also indicate
attainment of the remanded 2006 annual standard.

B. Requirement To Determine Attainment by the Attainment Date

    Under CAA section 179(c), not later than six months after an areas
attainment date, EPA is required to make a determination that a
nonattainment area has attained by its attainment date. EPA is required
to publish that determination in the Federal Register.

C. Clean Data Determination

    Under the provisions of EPA's PM2.5 implementation rule
at 40 CFR 51.1004(c), if EPA issues a determination that an area is
attaining the relevant standard (through a rulemaking that includes
public notice and comment), then the area's obligations to submit an
attainment demonstration, RACM, RFP plan, contingency measures, and any
other planning SIPs related to attainment are suspended for as long as
the area continues to attain. The clean data determination is not
equivalent to a redesignation. The state must still meet the statutory
requirements for redesignation in order for the area to be redesignated
to attainment.

D. Ambient Air Quality Monitoring Data

    The States of Delaware, and New Jersey, and the Commonwealth of
Pennsylvania (``the States'') submitted quality assured air quality
monitoring data into the EPA Air Quality System (AQS) database for the
2007-2009 and 2008-2010 monitoring periods. The States then certified
that data. EPA's evaluation of this data shows that the Philadelphia
Area has attained the 1997 annual PM2.5 NAAQS. Additional
information on air quality data for the Philadelphia Area can be found
in the TSD prepared for this action.

III. What are the effects of these actions?

    These actions do not constitute a redesignation to attainment under
section 107(d)(3) of the CAA. The designation status of the
Philadelphia Area will remain nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA determines that the area
meets the CAA requirements for

redesignation to attainment, including an approved maintenance plan.

A. Determination of Attainment by the Attainment Date

    EPA is making a determination that the Philadelphia Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. Therefore, EPA has met its
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard by that date. The effect of a final determination of
attainment by the area's attainment date will be to discharge EPA's
obligation under CAA section 179(c).

B. Clean Data Determination

    EPA is making a determination that the Philadelphia Area is
attaining the 1997 annual PM2.5 NAAQS. This determination of
attainment suspends the CAA requirements for the Philadelphia Area to
submit an attainment demonstration and the associated RFP plan,
contingency measures, RACM analysis, and any other planning SIPs
related to attainment of the 1997 annual PM2.5 NAAQS. These
requirements remain suspended for so long as the area continues to
attain the 1997 annual PM2.5 NAAQS.
    The clean data determination suspends the requirement to submit an
attainment demonstration, RACM, RFP plan, contingency measures, and any
other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS. This suspension remains in effect until such
time, if any, that EPA (i) redesignates the area to attainment at which
time those requirements no longer apply, or (ii) subsequently
determines that the area has violated the 1997 annual PM2.5
NAAQS. This determination is separate from, and does not influence or
otherwise affect, any future designation determination or requirements
for the area based on any new or revised PM2.5 NAAQS. It
remains in effect regardless of whether EPA designates this area as a
nonattainment area for purposes of any new or revised PM2.5
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements.

IV. What is EPA's analysis of the relevant air quality data?

    The criteria for determining if an area is attaining the 1997
annual PM2.5 NAAQS are set out in 40 CFR 50.13 and appendix
N. The annual PM2.5 NAAQS is met when the annual design
value is less than or equal to 15.0 micrograms per cubic meter ([mu]g/
m\3\). Three years of valid annual means are required to produce a
valid annual standard design value. A year meets data completeness
requirements when at least 75 percent of the scheduled sampling days
for each quarter have valid data. The use of less than complete data is
subject to the approval of EPA, which may consider factors such as
monitoring site closures/moves, monitoring diligence, and nearby
concentrations in determining whether to use such data.
    While most of the monitoring data submitted by the States was
complete, several monitors in the Philadelphia Area had less than four
quarters of complete data for one or more year in both the 2007-2009
and 2008-2010 monitoring periods. For these monitors, EPA applied the
data substitution test set out in the April 1999 EPA guidance document
``Guideline on Data Handling Conventions for the PM NAAQS.'' This
``maximum quarter'' test is used for monitors with missing data.
Maximum recorded values are substituted for the missing data. The
resulting design value is compared to the standard. The monitor passes
if the design value with maximum values substituted meets the standard.
    Considering 2007-2009 data, six monitors had less than complete
data, and five of those monitors passed the maximum quarter test.
Therefore, while the five monitors had less than complete data, EPA's
evaluation shows that the monitors meet the NAAQS. Data handling for
the sixth monitor is discussed below.
    Considering 2008-2010 data, four monitors had less than complete
data, and all four monitors passed the maximum quarter test. Therefore,
while the four monitors had less than complete data, EPA's evaluation
shows that the monitors meet the NAAQS. Details of EPA's analysis are
set out in the TSD prepared for this action.
    The maximum quarter test could not be used to show attainment,
considering 2007-2009 data, for one monitor located in Chester County,
Pennsylvania. For this monitor, EPA performed a statistical analysis of
the data, in which a linear regression relationship is established
between the site with incomplete data and a nearby site which has more
complete data in the period in which the incomplete site is missing
data. The linear regression relationship is based on time periods in
which both monitors were operating. The linear regression equation
developed from the relationship between the monitors is used to fill in
missing data for the incomplete monitor, so that the normal data
completeness requirement of 75 percent of data in each quarter of the
three years is met. After the missing data for the site is filled in,
the results are verified through an additional statistical test. The
results of EPA's statistical analysis indicated that while the Chester
County, Pennsylvania monitor had less than complete data, the data is
sufficient to demonstrate that the NAAQS has been met. Details of this
analysis are set out in the TSD prepared for this action.
    Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the PM2.5 ambient air monitoring data for the
monitoring periods 2007-2009 and 2008-2010 for the Philadelphia Area,
as recorded in the AQS database. On the basis of that review, EPA has
concluded that the Philadelphia Area attained the 1997 annual
PM2.5 NAAQS based on data for the 2007-2009 and 2008-2010
monitoring periods.

A. Determination of Attainment by the Attainment Date

    According to the PM2.5 implementation rule, the
attainment date for the Philadelphia Area is April 5, 2010, and
monitoring data from the period 2007-2009 is used to determine if the
area attained by April 5, 2010. Table 1 shows the PM2.5
design values for each monitor in the Philadelphia Area for the years
2007-2009. All 2007-2009 design values are below 15.0 [mu]g/m\3\ and
EPA's evaluation shows that all monitors meet the NAAQS. Therefore, the
Philadelphia Area attained the 1997 annual PM2.5 NAAQS by
its attainment date.

                  Table 1--2007-2009 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                        Annual mean ([mu]g/m\3\)     2007-2009
              State                       County          Monitor ID  ---------------------------  Design value
                                                                         2007     2008     2009    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware.........................  New Castle..........    100031003      13.4     13.0     10.2            12.2
                                                           100031007      12.5     11.5     10.0            11.3

                                                           100031012      13.4     12.5     10.6            12.2
                                                           100032004      14.4     13.5     11.2            13.0
New Jersey.......................  Camden..............    340071007      13.8     11.9      9.5            11.7
                                   Gloucester..........    340150004      13.3     11.5      9.3            11.4
Pennsylvania.....................  Bucks...............    420170012      13.0     12.7     10.8            12.2
                                   Chester.............    420290100      14.1     13.7     14.1            13.9
                                   Delaware............    420450002      14.7     13.9     12.4            13.7
                                   Montgomery..........    420910013      13.1     11.7     10.4            11.7
                                   Philadelphia........    421010004      13.7     13.0     10.8            12.5
                                                           421010024      12.9     12.0      9.9            11.6
                                                           421010047      14.3     13.5     11.1            13.0
                                                           421010055       *       13.5     11.3            12.4
                                                           421010057      12.0     13.3     11.1            12.1
----------------------------------------------------------------------------------------------------------------
*Note: Monitor 421010055 in Philadelphia County, Pennsylvania, started operating in 2008.

B. Clean Data Determination

    Table 2 shows the PM2.5 design values for each monitor
in the Philadelphia Area for the years 2008-2010. All 2008-2010 design
values are below 15.0 [mu]g/m\3\ and EPA's evaluation shows that all
monitors meet the NAAQS. Therefore, the Philadelphia Area attained the
1997 annual PM2.5 NAAQS.

                  Table 2--2008-2010 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                        Annual mean ([mu]g/m\3\)     2008-2010
              State                       County          Monitor ID  ---------------------------  Design value
                                                                         2008     2009     2010    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware.........................  New Castle..........    100031003      13.0     10.2     10.2            11.1
                                                           100031007      11.5     10.0     10.0            10.5
                                                           100031012      12.5     10.6     10.4            11.2
                                                           100032004      13.5     11.2     10.6            11.7
New Jersey.......................  Camden..............    340071007      11.9      9.5      9.5            10.3
                                   Gloucester..........    340150004      11.5      9.3      9.1            10.0
Pennsylvania.....................  Bucks...............    420170012      12.7     10.8     10.5            11.3
                                   Chester.............    420290100      13.7     14.1     13.8            13.8
                                   Delaware............    420450002      13.9     12.4     13.5            13.3
                                   Montgomery..........    420910013      11.7     10.4      9.5            10.5
                                   Philadelphia........    421010004      13.0     10.8     10.7            11.5
                                                           421010024      12.0      9.9      9.6            10.5
                                                           421010047      13.5     11.1     11.0            11.9
                                                           421010055      13.5     11.3     11.3            12.0
                                                           421010057      13.3     11.1     10.9            11.7
----------------------------------------------------------------------------------------------------------------

V. Final Actions

    EPA is making two determinations regarding the Philadelphia Area.
First, EPA is making a determination that the Philadelphia Area has
attained the 1997 annual PM2.5 NAAQS. This clean data
determination suspends the requirements for the Philadelphia Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 annual PM2.5 NAAQS, as provided in 40
CFR 51.1004(c), so long as the area continues to attain the 1997 annual
PM2.5 NAAQS. Second, pursuant to section 179(c) of the CAA,
EPA is making a determination that the Philadelphia Area has attained
the 1997 annual PM2.5 NAAQS by its attainment date, April 5,
2010. These determinations are based upon complete, quality assured,
and certified ambient air monitoring data that show the area has
monitored attainment of the 1997 annual PM2.5 NAAQS for the
2007-2009 and 2008-2010 monitoring periods.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 23, 2012 without further
notice unless EPA receives adverse comment by February 22, 2012. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

VI. Statutory and Executive Order Reviews

    This action makes determinations of attainment based on air
quality, and result in the suspension of certain federal requirements.
This action does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);

     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this determination that the Philadelphia Area has
attained the1997 annual PM2.5 NAAQS 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 these actions 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 March 23, 2012. 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 determination that the Philadelphia Area
has attained the 1997 annual PM2.5 NAAQS 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, Particulate matter, Reporting
and record-keeping requirements.

    Dated: December 8, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
    Dated: January 3, 2012.
Judith A. Enck,
Regional Administrator, Region II.

    Part 52, 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 I--Delaware

0
2. Section 52.425 is added to read as follows:

Sec.  52.425  Determinations of Attainment.

    Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).

0
3. Section 52.427 is added to read as follows:

Sec.  52.427  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 23,
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.

Subpart FF--New Jersey

0
4. Section 52.1576 is added to read as follows:

Sec.  52.1576  Determinations of Attainment.

    Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).

0
5. Section 52.1602 is amended by adding new paragraph (d) to read as
follows:

Sec.  52.1602  Control strategy and regulations: PM2.5.

* * * * *
    (d) Determination of Attainment. EPA has determined, as of January
23, 2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle
(PM2.5) nonattainment area has attained the 1997
PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area

continues to attain the 1997 PM2.5 NAAQS.

Subpart NN--Pennsylvania

0
6. Section 52.2056 is amended by adding paragraph (f) to read as
follows:

Sec.  52.2056  Determinations of Attainment.

* * * * *
    (f) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).

0
7. Section 52.2059 is amended by adding paragraph (e) to read as
follows:

Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of January
23, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air
quality data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area
has attained the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual PM2.5 NAAQS.

[FR Doc. 2012-1089 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81599-81601]
[FR Doc No: 2010-32646]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 20, 2010.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-31-000.
    Applicants: Northeast Utilities Service Company, The Connecticut
Light and Power Company.
    Description: NUSCO's Section 203 Application for Authority to
Transfer Jurisdictional Facilities on Behalf of The Connecticut Light
and Power Company and the Connecticut Transmission Municipal Electric
Energy Cooperative.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5176.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-36-000.
    Applicants: Alta Wind II Owner Lessor C.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Alta Wind II Owner Lessor C.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5036.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: EG11-37-000.
    Applicants: Vermont Wind, LLC.
    Description: Notice of Self-Certification of EWG Status of Vermont
Wind, LLC.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5183.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: EG11-38-000.
    Applicants: Alta Wind II Owner Lessor E.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Alta Wind II Owner Lessor E.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5060.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: EG11-39-000.
    Applicants: Alta Wind II Owner Lessor D.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Alta Wind II Owner Lessor D.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5061.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: EG11-40-000.
    Applicants: Alta Wind II Owner Lessor B.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Alta Wind II Owner Lessor B.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5062.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: EG11-41-000.
    Applicants: Alta Wind II Owner Lessor A.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Alta Wind II Owner Lessor A.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5063.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER97-4143-024; ER10-2975-001; ER10-727-002; ER11-
46-001; ER98-542-026.
    Applicants: American Electric Power Service Corporation; CSW Energy
Services, INC; AEP Retail Energy Partners LLC; AEP Energy Partners,
INC; Central & South West Services, Inc.
    Description: Triennial market analysis update of AEP MBR affiliates
filed by American Electric Power Service Corporation. And Submission of
omitted Exhibit JPD-1 from December 17, 2010 triennial update of
American Electric Power Service Corporation.
    Filed Date: 12/17/2010; 12/20/2010.

    Accession Number: 20101217-5186; 20101220-5119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 15, 2011.

    Docket Numbers: ER05-721-017.
    Applicants: Judith Gap Energy LLC.
    Description: Triennial Report of Judith Gap Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5124.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER06-230-014.
    Applicants: Wolverine Creek Energy LLC.
    Description: Triennial Report of Wolverine Creek Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5125.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER07-810-012.
    Applicants: Grays Harbor Energy LLC.
    Description: Triennial Report of Grays Harbor Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5123.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER09-430-008.
    Applicants: Willow Creek Energy LLC
    Description: Triennial Report of Willow Creek Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5122.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER09-1214-001; EL09-78-002.
    Applicants: Entergy Operating Companies.
    Description: Compliance Refund Report of Entergy Services, Inc.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5169.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER10-956-003.
    Applicants: Vantage Wind Energy LLC.
    Description: Triennial Report of Vantage Wind Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5121.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER10-1508-001.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per 35:
Compliance Filing--FERC Order 676-3 Language Implementation to be
effective 4/1/2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5129.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER10-1777-002; ER10-2979-002; ER10-2980-001; ER10-
2983-001; ER10-2988-001.
    Applicants: California Power Holdings, LLC, Thompson River Power,
LLC, Castleton Power, LLC, Sundevil Power Holdings LLC, Castleton
Energy Services, LLC.
    Description: Motion of California Power Holdings, LLC, et. al.
Notice of Non-Material Change in Status.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5171.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER10-1692-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2010-12-17 CAISO's Filing to conform
tariff records on file to eTariff System to be effective 11/1/2010.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5147.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER10-2826-001; ER10-2827-001.
    Applicants: Buffalo Ridge I LLC; Buffalo Ridge II LLC.
    Description: Buffalo Ridge I LLC submits tariff filing per 35:
Compliance Filing to Baseline MBR Tariff to be effective 9/22/2010.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5000.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER10-2979-001.
    Applicants: California Power Holdings, LLC.
    Description: California Power Holdings, LLC submits tariff filing
per 35: Compliance Filing--Amendment to MBR Tariff to be effective 2/
15/2011.
    Filed Date: 12/17/2010.
    Accession Number: 20101217-5098.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER10-3006-001.
    Applicants: Moraine Wind LLC.
    Description: Moraine Wind LLC submits tariff filing per 35:
Compliance Filing to Baseline MBR Tariff to be effective 9/27/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5130.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER10-3153-002.
    Applicants: City of Vernon, California.
    Description: City of Vernon, California submits tariff filing per
35: City of Vernon TO Tariff Baseline Compliance Filing to be effective
9/29/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5134.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-1996-001.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per
35.17(b): Amendment City of Eudora, KS Joint Filing to Defer Effective
Date to be effective 6/1/2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5004.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2404-000.
    Applicants: The Connecticut Light and Power Company.
    Description: The Connecticut Light and Power Company submits tariff
filing per 35.13(a)(2)(iii: Operation and Maintenance Agreement between
CTMEEC and CL&P to be effective 6/1/2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5001.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2405-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: TO5 Settlement Offer, to be effective 6/1/
2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5002.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2406-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per
35.13(a)(2)(iii: Kansas Power Pool Confirmation Letter Re-dispatch
Services, to be effective 11/1/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5006.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2407-000.
    Applicants: First Commodities Ltd.
    Description: First Commodities Ltd submits a notice of
cancellation.
    Filed Date: 12/17/2010.
    Accession Number: 20101220-0201.
    Comment Date: 5 p.m. Eastern Time on Friday, January 07, 2011.

    Docket Numbers: ER11-2408-000.
    Applicants: Atlantic Path 15, LLC.
    Description: Atlantic Path 15, LLC submits tariff filing per
35.13(a)(2)(iii: Atlantic Path 15 TRR Revisions, to be effective 2/19/
2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5043.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2409-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii:

Rate Schedule No. 92 with Reedy Creek Improvement District to be
effective 1/1/2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5049.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2410-000.
    Applicants: Hinson Power Company, LLC.
    Description: Hinson Power Company, LLC submits tariff filing per
35: Hinson Power Company requests Category 1 status effective 12/21/
2010 to be effective 12/21/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5064.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2411-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: LGIA AV Solar Ranch One Project SA No. 96
to be effective 12/21/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5128.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2412-000.
    Applicants: Bangor Hydro Electric Company.
    Description: Bangor Hydro Electric Company submits tariff filing
per 35.13(a)(2)(iii: Interconnection Agreement with PPL Maine to be
effective 12/11/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5131.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2413-000.
    Applicants: Delmarva Power & Light Company.
    Description: Delmarva Power & Light Company, Notice of Cancellation
of Mutual Operating Agreement, Service Agreement No. 969.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5133.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Docket Numbers: ER11-2415-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35: Compliance Filing in Accordance with November 18, 2010 Order in
ER09-1254-002 to be effective 7/26/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-32646 Filed 12-27-10; 8:45 am]
BILLING CODE 6717-01-P