[Federal Register: July 10, 2009 (Volume 74, Number 131)]
[Proposed Rules]
[Page 33189-33192]
[DOCID:fr10jy09-12]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1956

[Docket No. OSHA-2009-0010]
RIN 1218-AC44

Illinois State Plan for Public Employees Only; Notice of
Submission; Proposal To Grant Initial State Plan Approval; Request for
Public Comment and Opportunity To Request Public Hearing

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

ACTION: Proposed rule; request for written comments; notice of
opportunity to request informal public hearing.

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SUMMARY: This document gives notice of the submission by the Illinois
Department of Labor of a developmental State Plan for occupational
safety and health, applicable only to public sector employment
(employees of the State and its political subdivisions), for
determination of initial approval under section 18 of the Occupational
Safety and Health Act of 1970 (the ``Act''). OSHA is seeking written
public comment on whether or not initial State Plan approval should be
granted and offers an opportunity to interested persons to request an
informal public hearing on the question of initial State Plan approval.
    Approval of the Illinois Public Employee Only State Plan will be
contingent upon a determination that the Plan meets, or will meet
within three years, OSHA's Plan approval criteria and the availability
of funding as contained in the Department of Labor's Fiscal Year 2009
budget.

DATES: Written comments and requests for a hearing must be submitted
(postmarked, sent or received) by August 10, 2009.

ADDRESSES: You may submit comments and requests for a hearing,
identified by Docket No. OSHA-2009-0010, by any of the following
methods:
    Electronically: Comments and attachments and requests for a hearing
may be submitted electronically at http://www.regulations.gov, which is
the Federal eRulemaking Portal. Follow the instructions for submitting
comments.
    Facsimile: If your comments, including attachments, and requests
for a hearing do not exceed 10 pages, you may fax them to the OSHA
Docket

Office at<PHONE_NUMBER>. Hard copies of these documents are not
required.
    Regular mail, hand delivery, express mail, messenger or courier
service: Submit three copies of your comments and attachments, as well
as hearing requests, to the OSHA Docket Office, Docket No. OSHA-2009-
0010, Technical Data Center, Room N-2625, OSHA, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone
202-693-2350 (TTY number<PHONE_NUMBER>). Note that security-related
problems may result in significant delays in receiving submissions by
regular mail. Please contact the OSHA Docket Office for information
about security procedures concerning delivery of materials by express
delivery, hand delivery, or courier service. The OSHA Docket Office and
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m., ET.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2009-0010). All submissions, including any
personal information, are placed in the public docket without revision,
and will be available online at http://www.regulations.gov. Therefore,
OSHA cautions members of the public against submitting information and
statements that should remain private, including comments that contain
personal information, such as Social Security numbers, birth dates, and
medical data.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. Documents in the docket are listed in the http://
www.regulations.gov index. However, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions,
including notices of intention to appear, the text of testimony, and
documentary evidence.
    Copies of this Federal Register notice: Electronic copies of this
notice as well as copies of the proposed Illinois State Plan for Public
Employees Only are available at http://www.regulations.gov. Electronic
copies of this notice, as well as news releases and other relevant
information, are available on OSHA's Web page at http://www.osha.gov.
    Copies of the proposed Illinois State Plan for Public Employees
Only are also available for review and copying at: OSHA's Regional
Office in Chicago, Illinois, at 230 South Dearborn Street, 32nd Floor,
Room 3244, Chicago, Illinois 60604, and at: The Offices of the Illinois
Department of Labor, Safety Inspection and Education Division at 1 West
Old State Capitol Plaza, 3rd floor, Springfield, Illinois 62701; 160
North LaSalle Street, Suite C-1300, Chicago, Illinois 60601; or 2309
West Main Street, Suite 115, Marion, Illinois 62959.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Contact Jennifer Ashley, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; Telephone<PHONE_NUMBER>.
    General and technical inquiries: Contact Barbara Bryant, Director,
Office of State Programs, Directorate of Cooperative and State
Programs, OSHA, U.S. Department of Labor, Room N-3700, 200 Constitution
Avenue, NW., Washington, DC 20210, Telephone<PHONE_NUMBER> or Fax
(202) 693-1671.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the
``Act''), 29 U.S.C. 667, provides that a State which desires to assume
responsibility for the development and enforcement of standards
relating to any occupational safety and health issue with respect to
which a Federal standard has been promulgated may submit a State Plan
to the Assistant Secretary of Labor for Occupational Safety and Health
(``Assistant Secretary'') documenting the proposed program in detail.
Regulations promulgated pursuant to the Act at 29 CFR part 1956 provide
that a State may submit a State Plan for the development and
enforcement of occupational safety and health standards applicable only
to employees of the State and its political subdivisions (``public
employees''). Under these regulations the Assistant Secretary will
approve a State Plan for public employees if the Plan provides for the
development and enforcement of standards relating to hazards in
employment covered by the Plan which are or will be at least as
effective in providing safe and healthful employment and places of
employment for public employees as standards promulgated and enforced
under section 6 of the Federal Act, giving due consideration to
differences between public and private sector employment. In making
this determination the Assistant Secretary will consider, among other
things, the criteria and indices of effectiveness set forth in 29 CFR
part 1956, subpart B. State and local government workers are excluded
from Federal OSHA coverage under the Occupational Safety and Health Act
of 1970.

B. Illinois State Plan History

    In 1973 the Illinois Industrial Commission and the Illinois
Department of Labor obtained OSHA approval of a State Plan for the
enforcement of occupational safety and health standards covering
private sector workplaces as well as a program for public employees in
Illinois. That Plan was approved by the Assistant Secretary on November
5, 1973 (38 FR 30436; 29 CFR 1952.280 et seq.). The Plan was
subsequently withdrawn effective June 30, 1975 by the State of Illinois
under the authority of then Governor Dan Walker after the State was
unable to make the necessary modifications to its program and statutory
authority, and its State funding was withdrawn (40 FR 24523).
    Since 1985, the Illinois Department of Labor (IDOL), Safety
Inspection and Education Division (SIED), has adopted standards and
performed inspections in the public sector (State, county, and
municipal employees) as outlined under the provisions of the State's
existing enabling legislation: The Illinois Safety Inspection and
Education Act (SIEA) [820 ILCS 220] and the Illinois Health and Safety
Act (HSA) [820 ILCS 225]. In 2005, Illinois began working on a Public
Employee Only State Plan and submitted a draft Plan to OSHA in May of
2006. OSHA's review findings were detailed in various memoranda and
other documents, including a May 18, 2007 letter to the Illinois
Department of Labor Director Catherine Shannon. OSHA determined that
the Illinois statutes, as structured, and the proposed State Plan
presented several obstacles to meeting the Federal Public Employee Only
State Plan approval criteria in 29 CFR 1956. Amendments to both the
Illinois Safety Inspection and Education Act and the Illinois Health
and Safety Act were proposed and enacted by the Illinois General
Assembly and signed into law by the Governor in 2006 and 2007. The
amended legislation provides the basis for establishing a comprehensive
occupational safety and health program applicable to the public
employees in the State.
    Illinois formally submitted a revised Plan applicable only to
public employees for Federal approval on June 18, 2008. Over the next
several months, OSHA worked with Illinois in identifying areas of the
proposed Plan which needed to be addressed or required clarification.
In response to Federal review of the proposed State Plan, supplemental
assurances, and revisions, corrections and additions to

the Plan were submitted on April 8, 2009 and May 15, 2009. Further
modifications were submitted by the State on June 8, 2009. The revised
IDOL/SIED Plan has been found to be conceptually approvable as a
developmental State Plan.
    The Act provides for funding of up to 50% of the State Plan costs,
but longstanding language in OSHA's appropriation legislation further
provides that OSHA must fund ``* * * no less than 50% of the costs
required to be incurred'' by an approved State Plan. Such Federal funds
to support the State Plan must be available prior to State Plan
approval. The Omnibus Appropriations Act for Fiscal Year 2009 includes
$1.5 million in additional OSHA State Plan grant funds to allow for
Department of Labor approval of an Illinois State Plan.
    After an opportunity for public comment and a hearing, should one
be requested, the Assistant Secretary of Labor will approve the
Illinois Public Employee Only State Plan if it is determined that the
Plan meets the criteria set forth in the Occupational Safety and Health
Act of 1970 and applicable regulations at 29 CFR Part 1956, Subpart B.
The approval of a State Plan for public employees in Illinois is not a
significant regulatory action as defined in Executive Order 12866.

C. Description of the Illinois State Plan

    The Plan designates the Illinois Department of Labor as the State
agency responsible for administering the Plan throughout the State.
Under the Plan's legislation, the Illinois Safety Inspection and
Education Act [820 ILCS 220] and the Illinois Health and Safety Act
[820 ILCS 225], the Illinois Department of Labor has full authority to
adopt standards and regulations and enforce and administer all laws and
rules protecting the safety and health of employees of the State and
its political subdivisions. Illinois has adopted State standards
identical to Federal occupational safety and health standards as
promulgated through September 30, 2005. The State Plan includes a
commitment to update all standards within one year after Plan approval.
The Plan also provides that future OSHA standards and revisions will be
adopted by the State within six months of Federal promulgation (30 days
for any emergency temporary standard) in accordance with the
requirements at 29 CFR 1953.5.
    Section 4.2 of the Illinois Health and Safety Act [820 ILCS 225]
includes provisions for the granting of permanent and temporary
variances from State standards to public employers in terms
substantially similar to the variance provisions contained in the
Federal Act. The State provisions require employee notification of
variance applications as well as employee rights to participate in
hearings held on variance applications. Variances may not be granted
unless it is established that adequate protection is afforded employees
under the terms of the variance.
    Sections 2 and 2.1 of the Illinois Safety Inspection and Education
Act (SIEA) [820 ILCS 220] provide for inspections of covered
workplaces, including inspections in response to employee complaints.
If a determination is made that an employee complaint does not warrant
an inspection, the complainant will be notified in writing of such
determination. Additionally, Section 2 of the SIEA provides the
opportunity for employer and employee representatives to accompany an
inspector during an inspection for the purpose of aiding in the
inspection.
    The Plan provides for notification to employees of their
protections and obligations under the Plan by such means as a State
poster, required posting of notices of violation, etc. Section 2.2 of
the Illinois Safety Inspection and Education Act provides for
protection of employees against discharge or discrimination resulting
from exercise of their rights under the State Acts in terms essentially
identical to section 11(c) of the Federal Act. The Plan also includes
provisions for right of entry for inspection, prohibition of advance
notice of inspection, and employers' obligations to maintain records
and provide reports as required.
    Although Section 2.3 of the SIEA contains authority for a system of
first-instance monetary penalties, in practice it is the State's intent
to issue monetary penalties only for failure to correct and egregious
violations. The State has discretionary authority for civil penalties
of not more than $10,000 for repeat and willful violations. Serious and
other-than-serious violations may be assessed a penalty of up to $1,000
per violation and failure-to-correct violations may be assessed a
penalty of up to $1,000 per violation per day. In addition, any public
employer who willfully violates any standard, rule, or order can be
charged by the Attorney General with a Class 4 felony if that violation
causes death to any employee. The Plan provides a scheme of enforcement
for compelling compliance under which public employers are issued
citations for any violation of standards. These citations must describe
the nature of the violation, including reference to the standard, and
fix a reasonable time for abatement. The Illinois Plan does not include
an independent review authority for review of contested cases. Although
the Director has statutory responsibility for both the enforcement and
the appeals process, in practice, Administrative Law Judges hear
contested cases without any oversight or review by the Director. The
State will make appropriate changes to its regulations and procedures
to ensure the separation of these functions and the independence of the
adjudicatory process. The Director of Labor will remain responsible for
the enforcement process, including the issuance of citations and
penalties, and their defense, if contested. Public employers or their
representatives who receive a citation or a proposed penalty may within
15 working days contest the citation, proposed penalty and/or abatement
period and request a hearing before an Administrative Law Judge (ALJ)
on behalf of the Director. Any public employee or representative may
within 15 working days request a hearing before an ALJ regarding the
reasonableness of the abatement period. Informal review prior to
contest may also be requested at the division level. The ALJ's decision
is subject to appeal to the courts.
    The State has a currently authorized staff of eight safety and
three health compliance officers who, in addition to inspections, also
perform duties equivalent to OSHA's on-site consultation program. The
Illinois Department of Commerce and Economic Development delivers
OSHA's On-Site Consultation program to private sector employers
throughout the State. The Plan provides assurances that within three
years no staff will have dual roles, and the State will have a fully
trained, adequate staff, of eleven safety and three health compliance
officers for enforcement inspections, and three safety and two health
consultants to perform consultation services in the public sector. As
new staff members are hired they will perform either enforcement or
consultation functions. 29 CFR 1956.10(g) requires that State Plans for
public employees provide a sufficient number of adequately trained and
qualified personnel necessary for the enforcement of standards. The
compliance staffing requirements (or benchmarks) for State Plans
covering both the private and public sectors are established based on
the ``fully effective'' test established in AFL-CIO v. Marshall, 570
F.2d 1030 (D.C. Cir., 1978). This staffing test, and the complicated
formula used to derive benchmarks for complete private/public sector
Plans, is not intended, nor is it

appropriate, for application to the staffing needs of public employee
only Plans. However, the State has given satisfactory assurance in its
Plan that it will meet the staffing requirements of 29 CFR 1956.10. The
State has also given satisfactory assurances of adequate State matching
funds (50%) to support the Plan and is requesting initial Federal
funding of $1,500,000 for a total initial program effort of $3 million.
    Although the State Acts set forth the general authority and scope
for implementing the Illinois Public Employee Plan, the Plan is
developmental under the terms of 29 CFR 1956.2(b), in that specific
rules, regulations, and implementing procedures must still be adopted
or revised to carry out the Plan and make it structurally ``at least as
effective'' as Federal OSHA and fully operational. The Plan sets forth
a timetable for the accomplishment of these and other developmental
goals within three years of Plan approval. This timetable addresses
such general areas as the adoption of standards and the revision of
regulations governing enforcement, consultation, variances, contested
cases, employee access to information, and recordkeeping. Other
developmental aspects include hiring and training of staff,
participation in OSHA's management information system, development of a
Field Operations Manual and all other implementing policies, procedures
and instruction necessary for the operation of an effective program.
The State has extensively revised its initial State Plan submission to
address a number of issues which were raised during the course of
Federal review of the Illinois Plan and that required further
clarification from the State.

D. Request for Public Comment and Opportunity To Request Hearing

    Public comment on the Illinois Public Employee Only State Plan is
hereby requested. Interested persons are invited to submit written
data, views, and comments with respect to this proposed initial State
Plan approval. These comments must be received on or before August 10,
2009. Written submissions must clearly identify the issues that are
addressed and the positions taken with respect to each issue. The State
of Illinois will be afforded the opportunity to respond to each
submission. The Illinois Department of Labor must also publish
appropriate notice within the State of Illinois within 5 days of
publication of this notice, announcing OSHA's proposal to approve an
Illinois State Plan for Public Employees Only, contingent on the
availability of appropriated funds, and giving notice of the
opportunity for public comment.
    Pursuant to 29 CFR 1902.39(f), interested persons may request an
informal hearing concerning the proposed initial State Plan approval.
Such requests also must be received on or before August 10, 2009 and
may be submitted electronically, by facsimile, or by regular mail, hand
delivery, express mail, messenger or courier service, as indicated
under ADDRESSES above. Such requests must present particularized
written objections to the proposed initial State Plan approval. The
Assistant Secretary will decide within 30 days of the last day for
filing written views or comments and requests for a hearing whether the
objections raised are substantial and, if so, will publish notice of
the time and place of the scheduled hearing.
    The Assistant Secretary will, within a reasonable time after the
close of the comment period or after the certification of the record if
a hearing is held, publish a decision in the Federal Register. All
written and oral submissions, as well as other information gathered by
OSHA, will be considered in any action taken. The record of this
proceeding, including written comments and requests for hearing, and
all materials submitted in response to this notice and at any
subsequent hearing, are available at http://www.regulations.gov or the
OSHA Docket Office at the address above.

E. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that the proposed initial approval of the
Illinois State Plan will not have a significant economic impact on a
substantial number of small entities. By its own terms, the Plan will
have no effect on private sector employment, but is limited to the
State and its political subdivisions. Moreover, the Illinois Safety
Inspection and Education Act has been in effect since 1961 and the
Illinois Health and Safety Act has been in effect since 1936, when the
State first established a safety and health program. Since 1985, the
Illinois program for public employees has been in operation under the
Illinois Department of Labor with State funding and most public sector
employers in the State, including small units of local government, have
been subject to its terms. Compliance with State OSHA standards is
required by State law; Federal approval of a State Plan imposes
regulatory requirements only on the agency responsible for
administering the State Plan. Accordingly, no new obligations would be
placed on public sector employers as a result of Federal approval of
the Plan.

F. Federalism

    Executive Order 13132, ``Federalism,'' emphasizes consultation
between Federal agencies and the States and establishes specific review
procedures the Federal government must follow as it carries out
policies which affect state or local governments. OSHA has consulted
extensively with Illinois throughout the development, submission and
consideration of its proposed State Plan. Although OSHA has determined
that the requirements and consultation procedures provided in Executive
Order 13132 are not applicable to initial approval decisions under the
Act, which have no effect outside the particular State receiving the
approval, OSHA has reviewed the Illinois initial approval decision
proposed today, and believes it is consistent with the principles and
criteria set forth in the Executive Order.

G. Authority and Signature

    This document was prepared under the direction of Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
It is issued under Section 18 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667), 29 CFR Parts 1956 and 1902, and Secretary of
Labor's Order No. 5-2007 (72 FR 31160).

    Signed at Washington, DC, this 7th day of July 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-16379 Filed 7-9-09; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Page 53353]
[FR Doc No: 2020-18998]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC20-88-000.
    Applicants: Tonopah Solar Energy, LLC.
    Description: Supplement to August 12, 2020 Application for
Authorization Under Section 203 of the Federal Power Act, et al. of
Tonopah Solar Energy, LLC.
    Filed Date: 8/21/20.
    Accession Number: 20200821-5234.
    Comments Due: 5 p.m. ET 9/2/20.

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

    Docket Numbers: ER19-2858-003.
    Applicants: East Coast Power Linden Holding, L.L.C.
    Description: Compliance filing: Interim Rate Compliance Filing to
be effective 9/1/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5133.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-1837-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Compliance filing: Amendment to Joint OATT Order 864
Compliance Filing to be effective 1/27/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5000.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2289-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 3704 Union Electric/Evergy Missouri
West/MISO Int Agr-2nd Am to be effective 8/30/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5032.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2414-000; ER20-2415-000.
    Applicants: Moss Landing Energy Storage 1, LLC, Moss Landing Energy
Storage 2, LLC.
    Description: Supplement to July 14, 2020 Moss Landing Energy
Storage 1, LLC, et al. tariff filings.
    Filed Date: 8/17/20.
    Accession Number: 20200817-5246.
    Comments Due: 5 p.m. ET 8/27/20.

    Docket Numbers: ER20-2717-000.
    Applicants: Crossing Trails Wind Power Project LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 10/21/2020.
    Filed Date: 8/21/20.
    Accession Number: 20200821-5145.
    Comments Due: 5 p.m. ET 9/11/20.

    Docket Numbers: ER20-2718-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 5732; Queue No. AC1-208 to be effective 7/22/2020.
    Filed Date: 8/21/20.
    Accession Number: 20200821-5148.
    Comments Due: 5 p.m. ET 9/11/20.

    Docket Numbers: ER20-2719-000.
    Applicants: Ringer Hill Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Power Rate Schedule
to be effective 8/22/2020.
    Filed Date: 8/21/20.
    Accession Number: 20200821-5164.
    Comments Due: 5 p.m. ET 9/11/20.

    Docket Numbers: ER20-2721-000.
    Applicants: Smoky Mountain Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Interconnection
and Transmission Service Agreement to be effective 10/24/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5150.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2722-000.
    Applicants: CO Buffalo Flats, LLC.
    Description: Baseline eTariff Filing: CO Buffalo Flats, LLC Market-
Based Rate Tariff to be effective 8/25/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5175.
    Comments Due: 5 p.m. ET 9/14/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 24, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-18998 Filed 8-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]
[Page 10109-10111]
[DOCID:fr09mr09-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59480; File No. SR-NYSEALTR-2009-21]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext US LLC Adopting
New Rule 6A--NYSE Alternext Equities and Amending Existing Rule 36--
NYSE Alternext Equities Concerning the Use of Personal Portable or
Wireless Communication Devices and the Use or Possession of Wireless
Trading Devices On and Off the Exchange Trading Floor

March 2, 2009.
    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 March 2, 2009, NYSE Alternext US LLC (``NYSE Alternext''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``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 Exchange proposes to adopt new Rule 6A--NYSE Alternext Equities
(``Trading Floor'') and amend existing Rule 36--NYSE Alternext Equities
(Communications Between Exchange and Members' Offices) concerning (i)
the use of personal portable or wireless communication devices, and
(ii) the use or possession of wireless trading devices on and off the
Exchange Trading Floor.

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 those 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule changes is to adopt new Rule 6A--
NYSE Alternext Equities (``Trading Floor'') and amend existing Rule
36--NYSE Alternext Equities (Communications Between Exchange and
Members' Offices) concerning (i) the use of personal portable or
wireless communication devices, and (ii) the use or possession of
wireless trading devices on and off the Exchange Trading Floor.
Background
    As described more fully in a related rule filing,\4\ NYSE Euronext
acquired The Amex Membership Corporation (``AMC'') pursuant to an
Agreement and Plan of Merger, dated January 17, 2008 (the ``Merger'').
In connection with the Merger, the Exchange's predecessor, the American
Stock Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary
of NYSE Euronext called NYSE Alternext US LLC, and continues to operate
as a national securities exchange registered under Section 6 of the
Act.\5\ The effective date of the Merger was October 1, 2008.
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    \4\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex-
2008-62) (approving the Merger).
    \5\ 15 U.S.C. 78f.
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    In connection with the Merger, on December 1, 2008, the Exchange
relocated all equities trading conducted on the Exchange legacy trading
systems and facilities located at 86 Trinity Place, New York, New York
(the ``86 Trinity Trading Systems''), to trading systems and facilities
located at 11 Wall Street, New York, New York (the ``Equities
Relocation'').\6\ Similarly, effective March 2, 2009, the Exchange will
relocate all options trading conducted on the 86 Trinity Trading
Systems to trading systems and facilities located at 11 Wall Street
(the ``Options Relocation'').\7\
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    \6\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (approving
the Equities Relocation).
    \7\ See Securities Exchange Act Release No. 59142 (December 22,
2008), 73 FR 80494 (December 31, 2008) (SR-NYSEALTR-2008-14) (notice
of filing for Options Relocation), as amended.
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    Upon the Options Relocation, the Exchange's Options and Equities
Trading Floors will be located in physically separate, adjacent rooms
within the 11 Wall Street building. Access to the Trading Floors is
restricted at each entrance by turnstiles and only authorized visitors,
members or member firm employees are permitted to enter. Both Trading
Floors will be managed and overseen by employees of the Exchange's
corporate parent, NYSE Euronext.
Proposed Rule Changes
    In order to accommodate the Options Relocation and the presence of
the Exchange's Options Trading Floor adjacent to the Exchange's
Equities Trading Floor, the Exchange proposes the following rule
changes.
1. New Rule 6A--NYSE Alternext Equities (``Trading Floor'')
    Under Rule 6--NYSE Alternext Equities, the term ``Floor'' is
defined as having the meaning provided the term under the Act and the
related rules and regulations.\8\ In addition, the Exchange has issued
interpretive guidance that the ``Floor'' also includes the areas
outside the ``Blue Line'' (member and member organization booths
adjacent to the trading Floor) and ``any area reserved primarily for
members, including the members'' lounges and the members' bathrooms.''
\9\
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    \8\ Pursuant to the definitions of ``Floor'' in Rule 6--NYSE
Alternext Equities and NYSE Rule 6, the NYSE and NYSE Alternext
Equities Trading Floors overlap and thus references in the proposed
rule text as well as in the 19b-4 to ``Equities Trading Floor'' by
default include the NYSE Trading Floor. The NYSE has proposed
corresponding rule changes for its members and member organizations.
See SR-NYSE-2009-23 (formally submitted March 2, 2009).
    \9\ See NYSE/NYSE Alternext Information Memo 08-66 (December 22,
2008).
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    The current definition of ``Floor'' under Rule 6--NYSE Alternext
Equities would, upon the Options Relocation, include the Exchange's
Options Trading Floor. This could lead to confusion under Exchange
Rules when discussing the ``Floor'' and the ``Trading Floor''. The
Exchange therefore proposes to adopt a new Rule 6A--NYSE Alternext
Equities to define the term ``Trading Floor'' to make it clear that,
within the area of the ``Floor'' of the Exchange as technically defined
by Rule 6, there are distinct, restricted-access areas where equities
trading is conducted by the Exchange on the one hand and options
trading on the other. Under the new proposed Rule 6A--NYSE Alternext
Equities, the term ``Trading Floor'' means the restricted-access
physical areas designated by the Exchange for the trading of equities
securities, commonly known as the ``Main Room'' and the ``Garage.'' The
Exchange's Trading Floor does not include the areas where NYSE
Alternext-listed options are traded, commonly known as the ``Blue
Room'' and the ``Extended Blue Room''. For the

purposes of the Exchange's Equities Rules, as well as this filing,
these areas will be referred to as the ``NYSE Alternext Options Trading
Floor''.
    By adopting this new Rule, the Exchange seeks to prevent any
confusion that may arise under Exchange Rules and to provide a more
accurate description of the physical areas of the Floor where different
types of trading are actually conducted. In addition, as described
below, this new Rule would also make it easier for the Exchange to
define areas where certain conduct is or is not permitted by its
members and member firm employees.
2. Use of Personal Portable or Wireless Communication Devices
    Rule 36--NYSE Alternext Equities currently prohibits, without prior
Exchange approval, members and member organizations from establishing
or maintaining any telephonic or electronic communication, including
the usage of any portable or wireless communication devices (i.e.
cellular phone, wireless pager, BlackBerry TM, etc.),
between the Floor and any other location. Under the Rule, Floor brokers
may use Exchange authorized and issued portable phones on the Floor,
subject to certain restrictions (see Rules 36.20--.21--NYSE Alternext
Equities).\10\ Designated Market Makers (DMMs) may not use any portable
or wireless communication devices on the Floor although they may,
subject to restriction, maintain at their posts telephone lines and
wired or wireless devices that are registered with the Exchange (see
Rule 36.30--NYSE Alternext Equities). The use of all other portable or
wireless communication devices on the Floor is prohibited.
---------------------------------------------------------------------------

    \10\ All members and member firm employees who use an authorized
portable phone must execute a written acknowledgement as to the
usage of the phone and authorizing the Exchange to receive data and
records related to incoming and outgoing calls. See NYSE Information
Memos 08-40 (August 14, 2008) and 08-41 (August 14, 2008)
(concerning the use of Exchange authorized and issued portable
phones on the Floor, incorporated by reference in joint NYSE/NYSE
Alternext Information Memo 08-66).
---------------------------------------------------------------------------

    Although it would be prohibited under the current framework of Rule
36--NYSE Alternext Equities, to eliminate any potential confusion
arising from the Options Relocation, the Exchange proposes to include a
provision in Rule 36.23--NYSE Alternext Equities that expressly
prohibits members and member firm employees from using personal
portable or wireless communications devices on the NYSE Alternext
Options Trading Floor. However, those members and employees of member
organizations that are also registered to trade options on the Exchange
will be permitted to use personal portable or wireless communications
devices while on the Exchange's Options Trading Floor in accordance
with applicable Exchange Options rules and regulations, including Rule
220.
    The Exchange also proposes corresponding amendments to Rules
36.20--[sic] and .21--NYSE Alternext Equities to provide that Floor
brokers may not use an Exchange authorized and provided portable phone
used to trade equities while on the Exchange Options Trading Floor, and
including other technical changes.
3. Use or Possession of Wireless Trading Devices
    Currently, Exchange members and member firm employees are permitted
to use their Exchange approved handheld trading devices throughout the
Trading Floor of the Exchange.\11\ Subject to certain exceptions,
pursuant to Rules 70-- and 117--NYSE Alternext Equities Floor brokers
are required to either cancel or transfer to another Floor broker their
agency interest files if they leave the Crowd (as defined under Rule
70.30--NYSE Alternext Equities), and, unless transferred, any open
orders will not be represented while the Floor broker is away from the
Crowd.\12\
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    \11\ The Exchange's Wireless Communications Plan governing the
use of wireless handheld trading devices on the Equities Trading
Floor is the same as the NYSE's, which was previously approved by
the Commission. See Securities Exchange Act Release No. 36156
(August 25, 1995), 60 FR 45756 (September 1, 1995) (SR-NYSE-1995-22)
and Securities Exchange Act Release No. 39379 (December 1, 1997), 62
FR 64615 (December 8, 1997) (SR-NYSE-1997-17).
    \12\ Rule 70.30--NYSE Alternext Equities defines the ``Crowd''
as ``[t]he rooms on the Exchange Floor that contain active posts/
panels where Floor brokers are able to conduct business[.]'' This
is, essentially, the ``Trading Floor'' as defined in proposed Rule
6A--NYSE Alternext Equities.
---------------------------------------------------------------------------

    Upon the Options Relocation, the Exchange's Options Trading Floor
will be adjacent to the Exchange's Equities Trading Floor. Thus, in
order to address concerns regarding improper information sharing
between the Exchange's Equities and Options Trading Floors, the
Exchange proposes to adopt Rule 36.70--NYSE Alternext Equities to
prohibit Exchange members and member firm employees from (i) using or
possessing any wireless trading device that may be used to view or
enter orders into the Exchange's Equities trading systems while on the
Exchange's Options Trading Floor, and (ii) using or possessing any
wireless trading device that may be used to view or enter orders into
the Exchange's Options trading systems while on the Exchange's Equities
Trading Floor. These prohibitions would apply to any and all wireless
trading devices, including devices issued by the Exchange or NYSE, as
well as devices that are proprietary to a member, member organization
or other entity.\13\
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    \13\ Proposed Rule 36.70--NYSE Alternext Equities is based on
the Exchange's proposed Options Rules 902(g) and (h). See Securities
Exchange Act Release No. 59142 (December 22, 2008), 73 FR 80494
(December 31, 2008) (SR-NYSEALTR-2008-14), as amended.
---------------------------------------------------------------------------

    These proposed amendments would not change the current regulatory
framework within which members and member firm employees may use their
wireless trading devices. Members and member firm employees would still
be limited to using Exchange approved wireless trading devices and
would still be required to cancel or transfer their agency interest
files in accordance with Rules 70-- and 117--NYSE Alternext Equities if
they leave the Crowd/Equities Trading Floor.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with, and further the objectives of, Section 6(b)(5) of the Securities
Exchange Act of 1934 \14\ (the ``Act''), in that they are designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule changes also support the principles of Section 11A(a)(1)
\15\ of the Act in that they seek to ensure the economically efficient
execution of securities transactions and fair competition among brokers
and dealers and among exchange markets.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule changes will permit
the Exchange's Equities permit holders and Options permit holders to,
within the existing regulatory framework at the Exchange, efficiently
and effectively conduct business on the respective Equities and Options
Trading Floors and engage in personal communications while off the
Trading Floors consistent with maintaining necessary regulatory
distinctions between the two. Moreover, the proposed rule changes will
impose restrictions designed to prevent inappropriate information
sharing by and between members and member firm employees on the Trading
Floors of the Exchange and its affiliate NYSE.

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) thereunder \17\
because the foregoing proposed rule: (1) Does not significantly affect
the protection of investors or the public interest; (2) does not impose
any significant burden on competition; and (3) does not become
operative for 30 days after the date of filing, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest.\18\ The Exchange believes that this
filing is non-controversial because it is consistent with its filing
implementing the Options Relocation,\19\ as well as the Exchange's
current regulatory controls governing the use of personal portable or
wireless communications devices and wireless trading devices, which
were approved by the Commission. Accordingly, the Exchange believes
that these rule changes are eligible for immediately effective
treatment under the Commission's Streamlining Order.\20\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ In addition, Rule 19b-4(f)(6)(iii) requires the self-
regulatory organization to give the Commission notice of its intent
to file the proposed rule change, along with a brief description and
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. NYSE Alternext has satisfied
this requirement.
    \19\ See Securities Exchange Act Release No. 59142 (December 22,
2008), 73 FR 80494 (December 31, 2008) (SR-NYSEALTR-2008-14), as
amended.
    \20\ See Securities Exchange Act Release No. 58092 (July 3,
2008), 73 FR 40143 [sic] (July 11, 2008) (concerning 17 CFR parts
200 and 241).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay and designate the proposed rule change as operative upon filing
so that the proposed rule changes may become effective upon filing and
operative on the date of the Options Relocation, currently scheduled
for March 2, 2009. The Commission hereby grants the Exchange's
request.\21\ The Commission believes that such action is consistent
with the protection of investors and the public interest because the
Exchange's proposal would clarify the Exchange's policies governing the
use of personal portable or wireless communication devices as well as
wireless trading devices. This clarification is necessitated by the
Options Relocation.
---------------------------------------------------------------------------

    \21\ 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 may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2009-21 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEALTR-2009-21. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSEALTR-2009-21 and should
be submitted on or before March 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-4872 Filed 3-6-09; 8:45 am]

BILLING CODE 8011-01-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------
REGION 8
--------------------------------------------------------------------------------
1595 Wynkoop Street
--------------------------------------------------------------------------------
Denver, CO   80202-1129
--------------------------------------------------------------------------------
Phone<PHONE_NUMBER>
--------------------------------------------------------------------------------
www.epa.gov/region8

Ref:  8ARD-PM

Mr. Edmund Baker
Environmental Director
404 Frontage Road
New Town, North Dakota  58763

Re:	Crusoe Energy Systems Inc., Crosby Chase Central Tank Battery,
	Permit # TMNSR-TAT-008149-2021.001, Proposed True Minor New Source Review Permit

Dear Mr. Baker:

The U.S. Environmental Protection Agency Region 8 is proposing to issue a permit in accordance with the Tribal Minor New Source Review (MNSR) Permit Program at 40 CFR part 49, for Crusoe Energy Systems Inc.'s proposed construction and operation of one 484 horsepower (hp) compressor engine, one 2,500 hp generator engine and one 13,106 kilowatt (17,575 hp) turbine at the WPX Energy Williston, LLC (WPX) Crosby Chase Central Tank Battery (CTB). The purpose of the engines and turbine is to take gas from the CTB that would otherwise be flared to use as fuel in order to power small data centers. The proposed project is estimated to be a true minor source of criteria pollutants with respect to the  MNSR Permit Program at 40 CFR part 49.

The proposed permit contains emissions limitations, associated monitoring, recordkeeping and reporting requirements for the certain pollutant emission-generating unit or activities approved for construction and installation, as well as our review of existing relevant regulations and existing federal and state permits for similar types of operations.

A public comment period for the proposed permit will begin on August 13, 2021, and end on September 13, 2021.

The proposed permit and supporting documents are available in the electronic docket at regulations.gov (Docket ID # EPA-R08-OAR-2021-0039), and we ask you that you please assist members of the public who contact you with instructions on how to access the material available for public review until the end of public comment period. Comments may be submitted via mail, via email to<EMAIL_ADDRESS>or through https://www.regulations.gov (Docket ID #EPA-R08-OAR-2021-0039). In addition, we have provided copies of the bulletin board public notice announcement and would appreciate it if you could post this announcement in prominent locations in your area. All of these documents will also be available for review in electronic format on our website at: https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8.

If you have any questions concerning the proposed permit or technical support document, please contact Suman Kunwar, of my staff, at<PHONE_NUMBER>.

						Sincerely,

						Carl Daly
                              Acting Director
                                    Air and Radiation Division