[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22581-22583]
[FR Doc No: 2017-09822]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80650; File No. SR-IEX-2017-12]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Exchange Rule 11.340 To Modify the Date of Appendix B Web Site Data
Publication Pursuant to the Regulation NMS Plan To Implement a Tick
Size Pilot Program

May 10, 2017.
    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 April 28, 2017, the Investors Exchange LLC (``IEX'' 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 self-regulatory
organization. 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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Commission a proposed rule change to amend Exchange Rule 11.340 to
modify the date of Appendix B Web site data publication pursuant to the
Regulation NMS Plan to Implement a Tick Size Pilot Program (``Plan'').
The Exchange has filed the proposed rule change for immediate
effectiveness. The operative date of the proposed rule change will be
the date of filing.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the
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 statement may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    Rule 11.340(b) (Compliance with Data Collection Requirements) \6\
implements the data collection and Web site publication requirements of
the Plan.\7\ Supplementary Material .09 to IEX Rule 11.340 currently
provides, among other things, that the requirement that the Exchange or
Designated Examining Authority (``DEA'') make certain data for the Pre-
Pilot Period and Pilot Period \8\ publicly available on the Exchange's
or DEA's Web site pursuant to Appendix B to the Plan shall commence on
April 28, 2017.\9\ IEX is proposing to further delay the Web site
publication of Appendix B data until August 31, 2017 to permit
additional time to consider a methodology to mitigate concerns raised
in connection with the publication of Appendix B data.\10\
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    \6\ See Exchange Rule 11.340(b). See also Securities Exchange
Act Release Nos. 77418 (March 22, 2016), 81 FR 17213 (March 28,
2016); and 78795 (September 9, 2016), 81 FR 63508 (September 15,
2016).
    \7\ The Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014. See Letter from Brendon
J. Weiss, Vice President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan
Proposal''). See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act
Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015).
    \8\ Unless otherwise defined herein, capitalized terms have the
meaning ascribed to them in Rule 11.340.
    \9\ See IEX Rule 11.340.09. See also Securities Exchange Act
Release No. 80218 (March 10, 2017), 82 FR 14054 (March 16, 2017).
See also Letter from David S. Shillman, Associate Director, Division
of Trading and Markets, Commission, to Robert L.D. Colby, Executive
Vice President and Chief Legal Officer, FINRA, dated February 28,
2017.
    \10\ On March 3, 2017, FINRA filed a proposed rule change to
implement an anonymous, grouped masking methodology for Appendix
B.I, B.II. and B.IV. data. The comment period ended on April 5,
2017, and the Commission received three comment letters. See
Securities Exchange Act Release No. 80193 (March 9, 2017) 82 FR
13901 (March 15, 2017).
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    Pursuant to this proposed amendment, FINRA [sic] \11\ or the DEA
would publish the required Appendix B data for the Pre-Pilot Period
through April 30, 2017, by August 31, 2017. Thereafter, Appendix B data
for a given month would be published within 120 calendar days following
month end.\12\ Thus, for example, Appendix B data for May 2017 would be
made available on the FINRA [sic] \13\ or DEA Web site by September 28,
2017, and data for the month of June 2017 would be made available on
the FINRA [sic] \14\ or DEA Web site by October 28, 2017.
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    \11\ The Commission notes IEX Rule 11.340.09 states that the
``Exchange or DEA'' will conduct this function.
    \12\ FINRA also is submitting an exemptive request to the SEC on
behalf of the Participants in connection with the instant filing.
    \13\ See supra note 11.
    \14\ Id.
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    As noted in Item 2 of this filing, IEX has filed the proposed rule
change for immediate effectiveness. The operative date of the proposed
rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \15\ in general, and furthers the objectives of Section
6(b)(5) of the Act \16\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest, and Section 6(b)(8) of the
Act,\17\ which requires that IEX rules not impose any burden on
competition that is not necessary or appropriate.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ 15 U.S.C. 78f(b)(8).
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. The Exchange believes that this proposal is
consistent with the Act because it is in furtherance of the objectives
of Section VII(A) of the Plan in that it is designed to provide
additional time to consider a methodology to mitigate concerns raised
in connection with the publication of Appendix B data.

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19(b)-4(f)(6) normally does
not

become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has filed
the proposed rule change for immediate effectiveness and has requested
that the Commission waive the requirement that the proposed rule change
not become operative for 30 days after the date of the filing so that
it may become operative on the date of filing.
    The Exchange notes that the proposed rule change is intended to
mitigate confidentiality concerns raised in connection with Section
VII(A) of the Plan, which provides that the data made publicly
available will not identify the Trading Center that generated the data.
The Exchange states that the additional time would allow consideration
of a methodology to mitigate concerns related to the publication of
Appendix B data.\20\
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    \20\ The Commission recently approved a FINRA proposal to
implement an aggregated, anonymous grouped masking methodology for
the publication of Appendix B data related to OTC trading activity.
See Securities Exchange Release No. 80551, (April 28, 2017), 82 FR
20948 (May 4, 2017). See also Letter from David S. Shillman,
Associate Director, Division of Trading and Markets, Commission, to
Marcia E. Asquith, Executive Vice President FINRA, dated April 28,
2017.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will synchronize the timing for publication of Appendix B
data for all Participants, which should enhance the consistency and
usefulness of the data.\21\ Therefore, the Commission hereby waives the
30-day operative delay and designates the proposed rule change to be
operative on the date of filing.\22\
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    \21\ The Commission recently granted exemptive relief to the
Participants to delay the publication of their Appendix B data until
August 31, 2017. See Letter from David S. Shillman, Associate
Director, Division of Trading and Markets, Commission, to Jennifer
Piorko Mitchell, Vice President and Deputy Corporate Secretary,
FINRA, dated April 28, 2017. The Commission notes that other
Participants have submitted proposed rule changes to delay the
publication of Appendix B data until August 31, 2017. See e.g., SR-
BatsBYX-2017-10; SR-BatsBZX-2017-31; SR-BatsEDGA-2017-10; SR-
BatsEDGX-2017-19; SR-BX-2017-022; SR-CHX-2017-07; SR-FINRA-2017-010;
SR-NASDAQ-2017-044; SR-Phlx-2017-33; SR-NYSE-2017-19; SR-NYSEArca-
2017-49; SR-NYSEMKT-2017-24.
    \22\ 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).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2017-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2017-12. This file
number should be included in 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 Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the IEX's principal office and
on its Internet Web site at www.iextrading.com. 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-IEX-2017-12 and should be submitted on
or before June 6, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09822 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 5, 2009 (Volume 74, Number 213)]
[Rules and Regulations]
[Page 57246-57248]
[DOCID:fr05no09-4]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM10-2-000; Order No. 728]

Delegations for Notices of Penalty

October 30, 2009.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Commission is revising its regulations to delegate
authority to

the Secretary of the Commission and to the Director of the Office of
Enforcement to take specified actions in order to process certain
Notices of Penalty issued by the North American Electric Reliability
Corporation. These revisions are necessary to enable the Commission to
process routine, non-controversial Notices of Penalty in a timely and
efficient manner.

DATES: Effective Date: This rule will become effective November 5,
2009.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
(202) 502-8953<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Before Commissioners: Jon Wellinghoff, Chairman, Suedeen G. Kelly,
Marc Spitzer, and Philip D. Moeller.
    1. The Commission is issuing this Final Rule to revise its
delegations of authority to allow for the efficient and timely
processing of Notices of Penalty (Notices) issued by the North American
Electric Reliability Corporation (NERC). These revisions will permit
the Director of the Office of Enforcement and the Secretary of the
Commission to process routine, non-controversial Notices that propose
zero dollar penalties and do not require further consideration by the
Commission and to issue public notices stating as much. The Director of
the Office of Enforcement will also be able to direct the submission of
further information from NERC or other entities where necessary as to
Notices without the need for action by the Commission.

I. Background

    2. Under section 215(e) of the Federal Power Act (FPA), NERC as the
Electric Reliability Organization (ERO) must file each Notice with the
Commission.\1\ The penalty is subject to Commission review upon its own
motion or upon application by the entity subject to the proposed
penalty within 30 days. If no review is sought or initiated, the
penalty takes effect by operation of law.
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    \1\ 16 U.S.C. 824o(e) (2006).
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    3. Currently, when the Commission receives a Notice, it is analyzed
within the thirty day period by staff from the Office of Enforcement,
the Office of Electric Reliability, and the Office of General Counsel.
Those offices recommend to the Commission whether it should allow the
Notice to become effective by operation of law. The Commission conducts
a vote and, if it decides that no further action is warranted,
instructs the Secretary to issue a public notice to that effect. Based
upon the Commission's experience thus far, it appears likely that, in
most cases, Notices in which a registered entity is assessed a zero
monetary penalty will become effective in this manner.
    4. On occasion, staff will conclude that further information is
needed for the proper consideration of a Notice. In such cases,
Commission staff will recommend that the Commission direct NERC to
provide further information and extend the thirty-day period to allow
the Commission to analyze the information received.\2\
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    \2\ See North American Electric Reliability Corp., 127 FERC ]
61,198 (2009).
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II. Discussion

    5. The Commission concludes that, in many cases involving the
assessment of zero dollar penalties, Notices can be processed without
the need for a formal Commission vote. In proceedings involving non-
controversial zero dollar penalties, a Notice can be processed more
efficiently by allowing the Secretary to issue a notice indicating that
the Commission will take no further action. Further, the Commission
believes that the Director of the Office of Enforcement should be able
to direct the submission of further information from NERC or other
entities regarding Notices and extend the time for consideration of a
Notice to consider this information. Consequently, this Final Rule
delegates the necessary authority to the Director of the Office of
Enforcement and to the Secretary to undertake such actions in
connection with Notices that assess a zero dollar penalty and do not
raise other significant concerns or issues.
    6. The Commission notes that our current regulations permit the
Director of the Office of Electric Reliability to collect information
from NERC or from Regional Entities, but the Director of the Office of
Enforcement lacks similar authority. The Commission believes that the
Director of the Office of Enforcement should have the similar authority
to direct NERC or the applicable Regional Entity to submit further
information on a Notice where the Commission does not have sufficient
information to reach a decision on the Notice. To facilitate the
gathering of this information, the Director of the Office of
Enforcement should also have the authority to extend the time for
consideration of a Notice to consider the new information. This Final
Rule adds both authorities to the Office of Enforcement's delegations.
    7. Under FPA section 215, a Notice takes effect by operation of law
if no review is sought or initiated. This does not require affirmative
Commission action, and the Commission's regulations do not provide for
any formal procedure by which the Commission must decide to take no
action. The Commission has generally issued a notice indicating that it
will not further review on its own motion the Notice. However, unlike
other administrative notices, the Secretary lacks the authority to
issue a public notice that no further review will take place, absent
action by the Commission. This Final Rule therefore adds such authority
to the Secretary's delegations.
    8. Although the delegations do not specify in what circumstances a
Notice should be allowed to become effective without an affirmative
vote by the Commission, it will be Commission policy that Notices will
not need a formal Commission vote only in zero dollar penalty cases
that do not raise significant concerns or other issues. The following
circumstances will necessitate a formal Commission vote to issue a
notice that the Commission will not further review the Notice:
    [cir] A penalty assessment or settlement involving a dollar amount
greater than zero;
    [cir] A penalty that appears low based on the facts presented;
    [cir] Conduct or an event that may pose a high risk to the Bulk-
Power System;
    [cir] An event that resulted in loss of load to customers;
    [cir] A special or unique legal question, such as Commission
jurisdiction;
    [cir] A Notice that results from a live hearing process at the
Regional Entity or ERO level, i.e., a contest by the registered entity;
    [cir] A Notice resulting from NERC's enforcement efforts (as
opposed to violations addressed in the first instance by one of the
eight Regional Entities);
    [cir] A Notice that involves intent to violate a Reliability
Standard or falsification of records;
    [cir] A Notice with a record that fails to justify the finding of a
violation or the proposed penalty amount; and
    [cir] Any other matter worthy of Commission attention.

III. Information Collection Statement

    9. The Office of Management and Budget's (OMB) regulations require
that OMB approve certain information collection requirements imposed by
agency rule.\3\ This Final Rule does not contain information reporting
requirements and is not subject to OMB approval.
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    \3\ 5 CFR Part 1320.

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IV. Environmental Analysis

    10. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the quality of the human
environment.\4\ Issuance of this Final Rule does not represent a major
Federal action having a significant adverse effect on the quality of
the human environment under the Commission's regulations implementing
the National Environmental Policy Act. Part 380 of the Commission's
regulations lists exemptions to the requirement to draft an
Environmental Analysis or Environmental Impact Statement. Included is
an exemption for procedural, ministerial or internal administrative
actions.\5\ This rulemaking is exempt under that provision.
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    \4\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987).
    \5\ 18 CFR 380.4(1) and (5).
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V. Regulatory Flexibility Act

    11. The Regulatory Flexibility Act of 1980 (RFA) \6\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This Final Rule concerns matters of internal agency procedure. The
Commission therefore certifies that it will not have such an impact. An
analysis under the RFA is not required.
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    \6\ 5 U.S.C. 601-612.
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VI. Document Availability

    12. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    13. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    14. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    15. These regulations are effective immediately upon publication in
the Federal Register. In accordance with 5 U.S.C. 553(d)(3), the
Commission finds that good cause exists to make this Final Rule
effective immediately. It makes minor revisions to matters of internal
operations and is unlikely to affect the rights of persons appearing
before the Commission. There is therefore no reason to make this rule
effective at a later time.
    16. The provisions of 5 U.S.C. 801 regarding Congressional review
of Final Rules do not apply to this Final Rule, because this Final Rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
    17. The Commission is issuing this as a Final Rule without a period
for public comment. Under 5 U.S.C. 553(b), notice and comment
procedures are unnecessary where a rulemaking concerns only agency
procedure and practice, or where the agency finds that notice and
comment is unnecessary. This rule concerns only matters of internal
agency procedure and will not significantly affect regulated entities
or the general public.

List of Subjects in 18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends Part 375,
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 375--THE COMMISSION

0
1. The authority citation for Part 375 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352, 16451-16463.

0
2. Section 375.302 is amended by adding paragraph (aa) as follows:

Sec.  375.302  Delegations to the Secretary.

* * * * *
    (aa) Issue a notice that the Commission will not further review on
its own motion a Notice of Penalty filed under Section 215(e) of the
Federal Power Act.

0
3. Section 375.311 is amended by adding paragraphs (u) and (v) as
follows:

Sec.  375.311  Delegations to the Director of the Office of
Enforcement.

* * * * *
    (u) Direct the Electric Reliability Organization or the applicable
Regional Entity to provide such information as is necessary to
implement Section 215(e)(2) of the Federal Power Act (16 U.S.C.
824o(e)(2)) pursuant to Sec.  39.2 and Part 40 of this chapter.
    (v) Issue an order extending the period of time for consideration
of a Notice of Penalty filed under Section 215(e) of the Federal Power
Act for the purpose of directing the Electric Reliability Organization
or the applicable Regional Entity to provide such information as is
necessary to implement Section 215(e)(2) of the Federal Power Act (16
U.S.C. 824o(e)(2)) pursuant to Sec.  39.2 and Part 40 of this chapter.

[FR Doc. E9-26635 Filed 11-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Page 18678]
[FR Doc No: 2014-07439]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-643-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: 2014 Annual Fuel and Electric Power Tracker Filing to
be effective 5/1/2014.
    Filed Date: 3/26/14.
    Accession Number: 20140326-5100.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-644-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Ramapo Negotiated Rate Releases 4-01-2014 to be
effective 4/1/2014.
    Filed Date: 3/26/14.
    Accession Number: 20140326-5131.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-645-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: 2nd Ramapo Negotiated Rate Release Filing 4-01-2014 to
be effective 4/1/2014.
    Filed Date: 3/26/14.
    Accession Number: 20140326-5135.
    Comments Due: 5 p.m. ET 4/7/14.

    Docket Numbers: RP14-646-000.
    Applicants: Equitrans, L.P.
    Description: Remove Non-conforming Service Agreements--EGC to be
effective 4/1/2014.
    Filed Date: 3/27/14.
    Accession Number: 20140327-5011.
    Comments Due: 5 p.m. ET 4/8/14.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP10-877-009.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Cameron Interstate Re-submission of Baseline Sections
8.1 and 10.0-3.26.14 to be effective 7/1/2010.
    Filed Date: 3/26/14.
    Accession Number: 20140326-5060.
    Comments Due: 5 p.m. ET 4/7/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: March 27, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-07439 Filed 4-2-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15019-15021]
[FR Doc No: 2014-05807]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2013-0498; FRL-9908-05-Region-3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Approval of Redesignation Requests of the West Virginia
Portion of the Steubenville-Weirton, OH-WV Nonattainment Area for the
1997 Annual and 2006 24-Hour Fine Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of West Virginia's requests to redesignate to attainment the West
Virginia portion of the Steubenville-Weirton, OH-WV nonattainment area
(hereafter ``the Steubenville-Weirton Area'' or ``the Area'') for both
the 1997 annual and the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS or
standards). EPA is also approving as a revision to the West Virginia
State Implementation Plan (SIP), the associated maintenance plans to
show maintenance of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS through 2025 for the West Virginia portion of
the Area. West Virginia's maintenance plans include insignificance
findings for the mobile source contribution of PM2.5 and
nitrogen oxides (NOX) emissions to the West Virginia portion
of the Area for both the 1997 annual and 2006 24-hour PM2.5
standards, which EPA agrees with and is approving for transportation
conformity purposes. In addition, EPA is approving the 2008 emissions
inventory for the West Virginia portion of the Area for the 2006 24-
hour PM2.5 NAAQS. EPA has taken a separate rulemaking action
to approve the redesignation of the Ohio portion of the Steubenville-
Weirton Area for the 1997 annual and 2006 24-hour PM2.5
NAAQS. These actions are being taken under the Clean Air Act (CAA).

DATES:
    This final rule is effective on April 17, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0498. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 13, 2012 and June 8, 2012, the West Virginia Department of
Environmental Protection (WVDEP) formally submitted two separate
requests to redesignate the West Virginia portion of the Steubenville-
Weirton Area from nonattainment to attainment for the 1997 annual and
the 2006 24-hour PM2.5 NAAQS, respectively. Each submittal
included a maintenance plan as a SIP revision to ensure continued
attainment of the standards throughout the West Virginia portion of the
Area over the next 10 years. The June 8, 2012 submittal also includes a
2008 comprehensive emissions inventory for PM2.5, sulfur
dioxide (SO2) and NOX for the 2006 24-hour
PM2.5 NAAQS, which WVDEP supplemented on June 24, 2013 to
include emissions of volatile organic compounds (VOC) and ammonia. The
Steubenville-Weirton Area is comprised of Brooke County and Hancock
County in West Virginia (the West Virginia portion of the Area), and
Jefferson County in Ohio.
    On December 9, 2013 (78 FR 73769), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. In the NPR,
EPA proposed approval of West Virginia's redesignation requests for its
portion of the Steubenville-Weirton Area for the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA also proposed approval of the
associated maintenance plans as SIP revisions for the 1997 annual and
2006 24-hour PM2.5 standards, which included insignificance
determinations for PM2.5 and NOx for both standards for
purposes of transportation conformity. Also, EPA proposed approval of
the 2008 comprehensive emissions inventory for the 2006 24-hour
PM2.5 standard to meet the requirement of section 172(c)(3)
of the CAA. EPA proposed to find that the Area continues to attain both
standards.
    In the NPR, EPA addressed the effects of two decisions of the
United States Court of Appeals for the District of Columbia (DC Circuit
or Court): The Court's August 21, 2012 decision to vacate and remand to
EPA the Cross-State Air Pollution Control Rule (CSAPR); and the Court's
January 4, 2013 decision to remand to EPA two final rules implementing
the 1997 annual PM2.5 standard. Specific details of West
Virginia's submittals and the rationale for EPA's proposed actions are
explained in the NPR and will not be restated here. No public comments
were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignations requests and SIP
revisions submitted by the State of West Virginia on April 13, 2012 and
June 8, 2012 for the 1997 annual and 2006 24-hour PM2.5
standards. First, EPA is

approving West Virginia's redesignation requests for the 1997 annual
and 2006 24-hour PM2.5 standards, because EPA has determined
that the requests meet the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for these standards. Second, EPA is finding
that the Steubenville-Weirton Area is attaining and will continue to
attain both the 1997 annual and 2006 24-hour PM2.5 NAAQS.
Third, EPA is approving the associated maintenance plans for the West
Virginia portion of the Area as revisions to the West Virginia SIP for
the 1997 annual and 2006 24-hour PM2.5 standards because
they meet the requirements of CAA section 175A. EPA is also approving
for both standards West Virginia's transportation conformity
insignificant determinations for PM2.5 and NOX
emissions for the Area. Finally, EPA is approving the 2008
comprehensive emissions inventory for the 2006 24-hour PM2.5
standards NAAQS as a revision to the West Virginia SIP because it meets
the requirements of section 172(c)(3) of the CAA. Approval of these
redesignation requests will change the official designations of the
West Virginia portion of the Steubenville-Weirton Area from
nonattainment to attainment for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS, respectively.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 19, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving the redesignation requests and
maintenance plans for the West Virginia portion of the Steubenville-
Weirton Area for the 1997 annual and 2006 24-hour PM2.5
NAAQS and the 2008 comprehensive emissions inventory for the 2006 24-
hour PM2.5 NAAQS, may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 27, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended at the end
of the table by:
0
a. Adding an entry for the 1997 annual PM2.5 Maintenance
Plan, West Virginia portion of the Steubenville-Weirton, OH-WV Area.
0
b. Adding an entry for the 2006 24-hour PM2.5 Maintenance
Plan, West Virginia portion of the Steubenville-Weirton, OH-WV Area.

    The additions read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 annual PM2.5 Maintenance    Brooke County and          4/13/12  3/18/14 [Insert     .......................
 Plan for Steubenville-Weirton    Hancock County.                     page number where
 OH-WV Area.                                                          the document
                                                                      begins].
2006 24-hour PM2.5 Maintenance   Brooke County and           6/8/12  3/18/14 [Insert     .......................
 Plan for Steubenville-Weirton    Hancock County.                     page number where
 OH-WV Area.                                                          the document
                                                                      begins].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for Part 81 continues to read as follows:

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

0
2. Section 81.349 is amended by:
0
a. Revising the PM2.5 (Annual NAAQS) table entry for the
Steubenville-Weirton, OH-WV Area.
0
b. Revising the PM2.5 (24-hour NAAQS) table entry for the
Steubenville-Weirton, OH-WV Area.
    The amendments read as follows:

Sec.  81.349  West Virginia

* * * * *

                          West Virginia--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area         ----------------------------------------
                                    Date \1\               Type
------------------------------------------------------------------------

                              * * * * * * *
Steubenville-Weirton, OH-WV:
    Brooke County..............         3/18/14  Attainment.
    Hancock County.............         3/18/14  Attainment.

                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                              West Virginia--PM2.5
                                                 [24-hour NAAQS]
----------------------------------------------------------------------------------------------------------------
                                    Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \b\
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\             Type            Date \2\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Steubenville-Weirton, OH-WV:
    Brooke County................         3/18/14  Unclassifiable/             3/18/14  Attainment.
                                                    Attainment.
    Hancock County...............         3/18/14  Unclassifiable/             3/18/14  Attainment.
                                                    Attainment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *
[FR Doc. 2014-05807 Filed 3-17-14; 8:45 am]
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