[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64599-64603]
[DOCID:fr16no07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

November 8, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC08-10-000.
    Applicants: FPLE Rhode Island State Energy, L.P.; Rhode Island
State Energy Statutory.
    Description: Joint application for authorization to acquire
interests in an Electric Utility Company and request for expedited
action of FPLE Rhode Island State Energy, LP and Rhode Island State
Energy Statutory Trust 2000.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0090.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: EC08-11-000.
    Applicants: Noble Clinton Windpark I, LLC; Noble Ellenburg
Windpark, LLC; Noble Bliss Windpark, LLC; EFS Noble Holdings, LLC.
    Description: Noble Clinton Windpark I, LLC et al. submits an
application for authorization for the transfer of certain membership
interests under Section 203 of the Federal Power Act.
    Filed Date: 11/02/2007.
    Accession Number: 20071107-0155.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

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

    Docket Numbers: EG08-11-000.
    Applicants: Pedricktown Cogeneration Company, LP.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status for Pedricktown.
    Filed Date: 11/05/2007.
    Accession Number: 20071105-5011.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.

    Docket Numbers: EG08-12-000.
    Applicants: McAdoo Energy Wind LLC.
    Description: McAdoo Energy Wind, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 11/05/2007.
    Accession Number: 20071107-0157.

    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.

    Docket Numbers: EG08-13-000.
    Applicants: Central Power & Lime Inc.
    Description: Notice of Self-Certification of Central Power & Lime,
Inc. of Exempt Wholesale Generator Status.
    Filed Date: 11/07/2007.
    Accession Number: 20071107-5010.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 28, 2007.

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

    Docket Numbers: ER97-420-017.
    Applicants: ProLiance Energy, LLC.
    Description: ProLiance Energy, LLC submits a change in status
notification and Original Sheet 1 to FERC Electric Tarrif, Substitute
Revised Volume 1.
    Filed Date: 11/05/2007.
    Accession Number: 20071107-0117.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.

    Docket Numbers: ER03-428-005.
    Applicants: ConocoPhillips Company.
    Description: ConocoPhillips Co. submits the proposed revisions to
its FERC Electric Tariff 1.
    Filed Date: 10/30/2007.
    Accession Number: 20071105-0149.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER06-1382-004.
    Applicants: Bluegrass Generation Company, LLC.
    Description: Bluegrass Generation Company, LLC's Compliance Filing
for Rate Schedule FERC No. 2.
    Filed Date: 11/05/2007.
    Accession Number: 20071105-5056.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.
    Docket Numbers: ER06-615-015.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp.'s
modifications to market redesign and technology upgrade tariff.
    Filed Date: 10/26/2007.
    Accession Number: 20071105-0099.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER07-1202-001.
    Applicants: JD WIND 4, LLC.
    Description: Electric Refund Report (Compliance Only) of JD WIND 4,
LLC.
    Filed Date: 11/06/2007.
    Accession Number: 20071106-5041.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 27, 2007.

    Docket Numbers: ER07-1208-001.
    Applicants: Wind Capital Holdings, LLC.
    Description: Electric Refund Report (Compliance Only) of Wind
Capital Holdings, LLC.
    Filed Date: 11/06/2007.
    Accession Number: 20071106-5044.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 27, 2007.

    Docket Numbers: ER07-1332-002.
    Applicants: Smoky Hills Wind Farm, LLC.
    Description: Smoky Hills Wind Farm, LLC submits a Second Amendment
to its Application.
    Filed Date: 11/05/2007.
    Accession Number: 20071106-0020.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.

    Docket Numbers: ER07-1406-001.
    Applicants: Long Beach Peakers LLC.
    Description: Long Beach Peakers, LLC submits an amendment to their
application for market based rate authority and request for shortened
notice and comment period.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0029.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-19-002.
    Applicants: Energy Algorithms, LLC.
    Description: Energy Algorithms LLC submits an amendment to the 10/
23/07 filing of an application.
    Filed Date: 11/05/2007.
    Accession Number: 20071107-0115.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER08-49-001.
    Applicants: Michigan Electric Transmission Co., LLC.
    Description: Michigan Electric Transmission Co, LLC submits an
errata to the 10/12/07 filing to revise certain provision of the
Distribution--Transmission Interconnection Agreement with Consumers
Energy Co.
    Filed Date: 10/29/2007.
    Accession Number: 20071105-0150.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER08-96-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits an executed
interconnection service agreement with DPL Energy, LLC et al.
    Filed Date: 11/05/2007.
    Accession Number: 20071106-0028.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007.
    Docket Numbers: ER08-118-000.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Company submits a new Rate
Schedule 307 between Oleander Power Project LP and Florida Municipal
Power Agency.
    Filed Date: 10/31/2007.
    Accession Number: 20071101-0102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER08-135-000; ER08-136-000.
    Applicants: California Independent System Operator Corporation;
Pacific Gas and Electric Company.
    Description: California Independent System Operator Corporation and
Pacific Gas and Electric Co submit revisions to the ISO Grid Management
Charge rate formula.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0094.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER08-137-000.
    Applicants: York Haven Power Company.
    Description: York Haven Power Co submits a notice of cancellation
and request and waiver of a 60-day notice period.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER08-139-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc on behalf of Georgia
Power Co submits the annual informational filing for the Transmission
Service Agreement with Florida Power Light & Power.
    Filed Date: 10/31/2007.
    Accession Number: 20071102-0122.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Docket Numbers: ER08-141-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC submits an executed
Interconnection Service Agreement among PJM and York Haven Power
Company et al.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0131.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-142-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services Inc submits an informational
filing to update the charges under their Open Access Transmission
Tariff.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0132.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-143-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits two unexecuted agreements, a
Restated California-Oregon Intertie Path Operating Agreement and an
Operating Agreement with California Independent System Operator
Corporation et al.

    Filed Date: 11/01/2007.
    Accession Number: 20071105-0133.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 29, 2007.

    Docket Numbers: ER08-144-000.
    Applicants: Atlantic Path 15, LLC.
    Description: Atlantic Path 15, LLC submits revisions to its
Transmission Owner Tariff to reflect the annual update of the
Transmission Revenue Balancing Account Adjustment.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0147.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-145-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Co submits a Form of
Agreement to Purchase Load Following Service with Edison Sault Electric
Co.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0121.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-146-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits its Formula
Rate Wholesale Sales Tariff, an initial cost-based rate, to become
effective 1/1/08.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0130.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-147-000.
    Applicants: Virginia Electric and Power Company.
    Description: Virginia Electric and Power Company submits a notice
of cancellation and a revised service agreement cover sheet to
terminate the Mutual Operating Agreement with the Town of Enfield, NC,
to become effective 1/1/08.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0125.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-148-000.
    Applicants: Central Power & Lime Inc.
    Description: Central Power & Lime, Inc submits an application for
expedited Order accepting initial rate schedule, waiving regulations
and granting blanket approvals.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0126.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-149-000.
    Applicants: Northeast Utilities Service Company.
    Description: Northeast Utilities Services Company submits
Attachment A--Letter requesting defferal of RTO Start-Up Cost and
requests that FERC approve its proposed accounting treatment for
associated cost recovery.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0127.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.
    Docket Numbers: ER08-150-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits an amended Network
Integration Transmission Service Agreement and an amended Network
Operating Agreement with the City of Breda, Iowa.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0128.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-151-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits an amended Network
Integration Transmission Service Agreement and an amended Network
Operating Agreement with the City of Wall Lake, IA.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0129.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-153-000.
    Applicants: Upper Peninsula Power Company.
    Description: Upper Peninsula Power Company submits an executed
Confirmation Agreement for the sale of 3 MW of capacity and energy to
UP Power Marketing LLC, to become effective 1/1/08.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0124.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-155-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Revised
Sheets to the Amended and Restated Eldorado System Conveyance and Co-
Tenancy Agreement among Neveda Power Company et al.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0122.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-156-000.
    Applicants: Peoples Energy Services Corporation.
    Description: Peoples Energy Services Corp submits a notice of
cancellation and revised tariff cover sheet to terminate their First
Revised Rate Schedule 1 and on 11/5/07 submit an errata to this filing.
    Filed Date: 11/01/2007; 11/05/2007.
    Accession Number: 20071105-0139; 20071106-0300.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-157-000.
    Applicants: Union Electric Company.
    Description: Union Electric Company dba AmerenUE submits amendments
to its market based rate tariff Second Revised Sheet 1 et al to FERC
Gas Tariff, Original Volume 1.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0138.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-158-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
counterpart signature pages of the New England Power Pool Agreement
dated 9/1/71 under ER08-158.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0137.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-160-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Gulf States Louisiana, LLC submits the EAI-
EGS-LA, EGS-ETI and EAI-EMI 2008 Bridge Contracts.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0136.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-161-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits their Second
Revised Rate Schedule 432, a form of service agreement for the
provisions of non-power goods and services.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0135.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-162-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits an executed
transmission service agreements for point-to-point transmission service
under FERC Electric Tariff, Third Revised Volume 3.
    Filed Date: 11/01/2007.
    Accession Number: 20071105-0134.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-164-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Co submits Rate Schedule 118
and 119.
    Filed Date: 11/02/2007.
    Accession Number: 20071105-0141.

    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-165-000.
    Applicants: Cabrillo Power I LLC.
    Description: Cabrillo Power I, LLC submits a Notice of Termination
of its First Revised Rate Schedule 2, the Reliability Must Run
Agreement with California Independent System Operator Corp.
    Filed Date: 11/01/2007.
    Accession Number: 20071106-0091.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-169-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
and ALLETE, Inc submits proposed revisions to Attachment P of their
Open Access Transmission Tariff, FERC Electric Tariff, Third Revised
Volume 1.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0030.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-170-000.
    Applicants: NM Colton Genco LLC.
    Description: NM Colton Genco, LLC submits Notice of Cancellation of
its Rate Schedule 1.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0031.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-171-000.
    Applicants: NM Mid Valley Genco LLC.
    Description: NM Mid Valley Genco, LLC submits Notice of
Cancellation of its Rate Schedule FERC 1.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0032.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-172-000.
    Applicants: NM Milliken Genco LLC.
    Description: NM Milliken Genco, LLC submits Notice of Cancellation
of its Rate Schedule 1.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0033.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-173-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Co dba Progress Energy Florida, Inc
submits the Cost-Based Power Sales Agreement with the City of
Williston, Florida, effective 1/1/08.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0013.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-174-000.
    Applicants: Westar Energy, Inc.
    Description: Kansas Gas and Electric Co and Westar Energy, Inc
submits a Notice of Cancellation of an Electric Power Supply Agreement
with the City of LaHarpe, Kansas.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0034.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-175-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Co dba Progress Energy Florida, Inc
submits the Cost-Based Power Sales Agreement with the City of Quincy,
Florida, effective 1/1/08.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0014.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-176-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Co dba Progress Energy Florida, Inc
submits the Cost-Based Power Sales Agreement with the City of Bartow,
Florida, effective 1/1/08.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0015.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-177-000.
    Applicants: Cabrillo Power II LLC.
    Description: Cabrillo Power II LLC submits its revised Reliability
Must Run Agreement with California Independent System Operator for the
calendar year 2008.
    Filed Date: 11/01/2007.
    Accession Number: 20071106-0026.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-178-000.
    Applicants: Cabrillo Power I LLC.
    Description: Cabrillo Power I, LLC submit Original Rate Schedule
FERC 3 and FERC 4 consisting of two executed Interim Service Agreements
with the California Independent System Operator Corporation.
    Filed Date: 11/01/2007.
    Accession Number: 20071106-0024.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-179-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc et al submits a notice of
cancellation of an Electric Power Supply Agreement with the City of
Arcadia, Kansas.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0016.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-180-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc et al submit a notice of
cancellation of an Electric Power Supply Agreement with the City of
Mindenmines, Missouri Kansas.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0017.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-181-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc et al submits a notice of
cancellation of an Electric Power Supply Agreement with the City of
Mulberry, Kansas.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0021.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-182-000.
    Applicants: NSTAR Electric Company.
    Description: NSTAR Electric Co submits a Reconfiguration Agreement
for wholesale distribution wheeling service to Mirant Kendall, LLC.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0022.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-183-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc submits the 2008
Informational Filing for Georgia Power Co's Transmission Service
Agreement with Florida Power & Light Co et al.
    Filed Date: 11/01/2007.
    Accession Number: 20071106-0023.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-184-000.
    Applicants: Indiana Michigan Power Company.
    Description: Indiana Michigan Power Co submits First Revised Sheet
14 et al to Rate Schedule 112, effective 1/1/07 et al.
    Filed Date: 11/02/2007.
    Accession Number: 20071106-0019.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-185-000.
    Applicants: Ameren Energy Marketing Company.
    Description: Application of Ameren Energy Marketing Co et al to
amend its Ancillary Services Rate Schedules.
    Filed Date: 11/02/2007.
    Accession Number: 20071105-0201.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-186-000.
    Applicants: Union Electric Company.

    Description: Application of Union Electric Co dba AmerenUE submits
amendment to its Ancillary Services Rate Schedules.
    Filed Date: 11/02/2007.
    Accession Number: 20071105-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-187-000.
    Applicants: The United Illuminating Company.
    Description: The United Illuminating Company submits proposed
modifications to Schedule 20A-UI of the ISO New England Inc
Transmission, Markets and Services Tariff etc.
    Filed Date: 11/02/2007.
    Accession Number: 20071105-0226.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Docket Numbers: ER08-188-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits an Engineering and Procurement
Agreement between PacifiCorp Transmission Services and PacifiCorp
Energy.
    Filed Date: 11/05/2007.
    Accession Number: 20071106-0018.
    Comment Date: 5 p.m. Eastern Time on Monday, November 26, 2007

    Docket Numbers: ER08-189-000.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc pursuant to their Transmission,
Markets and Services Tariff, FERC Electric Tariff 3 submits its capital
budget for year 2008 and supporting materials.
    Filed Date: 10/31/2007.
    Accession Number: 20071106-0035.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 21, 2007.

    Take notice that the Commission received the following public
utility holding company filings:
    Docket Numbers: PH08-3-000.
    Applicants: CMS Energy Corporation.
    Description: Waiver Notification of Consumers Energy Company.
    Filed Date: 11/01/2007.
    Accession Number: 20071101-5094.
    Comment Date: 5 p.m. Eastern Time on Friday, November 23, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern Time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
[FR Doc. E7-22392 Filed 11-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41996-41998]
[FR Doc No: 2020-15013]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-E-4463]

Determination of Regulatory Review Period for Purposes of Patent
Extension; XEPI

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for XEPI and is publishing this
notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S.

Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by September 11,
2020. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by January 11, 2021.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 11, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 11, 2020. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-E-4463 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; XEPI.'' Received comments, those filed in
a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, XEPI
(ozenoxacin). XEPI is indicated for topical treatment of impetigo due
to Staphylococcus aureus or Streptococcus pyogenes in adult and
pediatric patients 2 months of age and older. Subsequent to this
approval, the USPTO received a patent term restoration application for
XEPI (U.S. Patent No. 6,335,447) from Toyama Chemical Co., Ltd., and
the USPTO requested FDA's assistance in determining the patent's
eligibility for patent term restoration. In a letter dated

May 13, 2019, FDA advised the USPTO that this human drug product had
undergone a regulatory review period and that the approval of XEPI
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
XEPI is 2,819 days. Of this time, 2,282 days occurred during the
testing phase of the regulatory review period, while 537 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
March 26, 2010. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was March 26,
2010.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: June 23,
2016. FDA has verified the applicant's claim that the new drug
application (NDA) for XEPI (NDA 208945) was initially submitted on June
23, 2016.
    3. The date the application was approved: December 11, 2017. FDA
has verified the applicant's claim that NDA 208945 was approved on
December 11, 2017.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,678 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: July 7, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-15013 Filed 7-10-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46806-46807]
[DOCID:fr11se09-87]

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

[Investment Company Act Release No. 28896; File No. 812-13631]

Columbia Funds Series Trust, et al.; Notice of Application

September 4, 2009.

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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

SUMMARY: Summary of Application: Applicants request an order to permit
registered open-end investment companies relying on rule 12d1-2 under
the Act to invest in certain financial instruments.
    Applicants: Columbia Funds Series Trust and Columbia Funds Series
Trust II (together, the ``Trusts'') and Columbia Management Advisors,
LLC (the ``Adviser'').

DATES: Filing Dates: The application was filed on February 6, 2009 and
amended on August 25, 2009.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 29, 2009 and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, c/o Peter T.
Fariel, Esq., Bank of America, N.A., MA5-515-11-05, One Financial
Center, 11th Floor, Boston, Massachusetts 02111.

FOR FURTHER INFORMATION CONTACT: Deepak Pai, Senior Counsel, at (202)
551-6876, or Marilyn Mann, Branch Chief, at<PHONE_NUMBER> (Division of
Investment Management, Office of Investment Company Regulation).

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

Applicants' Representations

    1. The Trusts are organized as Delaware statutory trusts and are
registered under the Act as open-end management investment companies.
The Adviser, a limited liability company organized under Delaware law
and an indirect wholly owned subsidiary of Bank of America Corporation,
is registered as an investment adviser under the Investment Advisers
Act of 1940. The Adviser serves as the investment adviser to each
Applicant Fund (as defined below).
    2. Applicants request an exemption from rule 12d1-2(a) under the
Act to the

extent necessary to permit any existing or future series of the Trusts
and any other registered open-end investment company advised by the
Adviser or any person controlling, controlled by or under common
control with the Adviser that operates as a ``fund of funds'' (the
``Applicant Funds'') and invests in other Columbia funds in reliance on
section 12(d)(1)(G) of the Act, and is also eligible to invest in
securities (as defined in section 2(a)(36) of the Act) in reliance on
rule 12d1-2 under the Act, to also invest, to the extent consistent
with its investment objectives, policies, strategies and limitations,
in financial instruments that may not be securities within the meaning
of section 2(a)(36) of the Act (``Other Investments'').\1\
---------------------------------------------------------------------------

    \1\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any existing or future
entity that relies on the order in the future will do so only in
accordance with the terms and conditions in the application.
---------------------------------------------------------------------------

    3. Consistent with its fiduciary obligations under the Act, each
Applicant Fund's board of trustees (``Board'') will review the advisory
fees charged by the Adviser to ensure that they are based on services
provided that are in addition to, rather than duplicative of, services
provided pursuant to the advisory agreement of any investment company
in which the Applicant Fund may invest.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies.
    2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Securities Exchange Act of 1934 or by the Commission; and
(iv) the acquired company has a policy that prohibits it from acquiring
securities of registered open-end management investment companies or
registered unit investment trusts in reliance on section 12(d)(1)(F) or
(G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other
than securities issued by an investment company); and (3) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
    5. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that the
Applicant Funds may invest a portion of their assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Applicant Funds to
invest in Other Investments. Applicants assert that permitting the
Applicant Funds to invest in Other Investments as described in the
application would not raise any of the concerns that the requirements
of section 12(d)(1) were designed to address.

Applicants' Condition

    Applicants agree that the order granting the requested relief will
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Applicant Fund from investing in Other Investments as described in the
application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21888 Filed 9-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]
[Page 9794-9796]
[DOCID:fr05mr07-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55348; File No. SR-Amex-2007-18]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval to Proposed
Rule Change and Amendment No. 1 Thereto To Provide for an Optional
Exchange-Provided Fingerprinting Service and To Amend Its Member Fees
To Include a Processing Fee for the Fingerprinting Service

February 26, 2007.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 7, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On February 16, 2007, Amex submitted Amendment No. 1 to the
proposed rule change. This order provides notice of the proposed rule
change as modified by Amendment No. 1 and approves the proposed rule
change as amended on an accelerated basis.
---------------------------------------------------------------------------

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

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

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

    The Exchange proposes to provide for an in-house optional
fingerprinting service and to modify its Member Fees to include a fee
for such fingerprinting service.\3\
---------------------------------------------------------------------------

    \3\ Telephone conversation between Nyieri Nazarian, Assistant
General Counsel, Amex, and Cyndi N. Rodriguez, Special Counsel,
Division of Market Regulation, Commission, on February 23, 2007.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at Amex, the
Commission's Public Reference Room, and http://www.amex.com.

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

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

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

1. Purpose
    The Exchange proposes to provide for an optional fingerprinting
service and to amend its Member Fees to include a fee for this service
for members or member applicants.\4\ The Exchange intends to establish
this in-house fingerprinting service to facilitate the member
registration process.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    A member or member applicant must currently use an external
fingerprinting service to have fingerprints taken and will incur
whatever costs are associated therewith. Currently, the member or
member applicant must forward fingerprints to the National Association
of Securities Dealers, Inc. (``NASD'') for processing and is charged a
$35.00 fee \5\ from NASD's Internet-based Central Registration
Depository (WEB CRD). This fee includes a $13 fingerprint submission
fee that is also charged for results processed through Amex.\6\ NASD
forwards the results to the FBI to conduct the standard criminal
background check. Approximately $22.00 of the $35.00 amount is paid to
the FBI for this background check. The member or member applicant also
incurs any costs associated with mailing the fingerprints. The Exchange
believes that this process has proven lengthy and burdensome for
members and member applicants.
---------------------------------------------------------------------------

    \5\ See Footnote 4 to the Exchange's Registration and IDC Fees
Section of the Amex Fee Schedule.
    \6\ See Section 4 of Schedule A to the NASD By-Laws.
---------------------------------------------------------------------------

    Furthermore, the $25.50 ``Fingerprint Processing Fee'' on the
current Amex Fee Schedule is assessed when a current member simply
needs his or her fingerprints submitted to the FBI for a background
check. In this case, the member would need an expedited background
check conducted because of a seat change or transfer. In this
situation, the fingerprinting takes place in-house, and the prints are
sent to the FBI by the Exchange. The results are then returned to the
Exchange on an expedited basis. The member would also pay the $35.00
fee to NASD for registration with WEB CRD.\7\
---------------------------------------------------------------------------

    \7\ As the Exchange clarified in Amendment No. 1, when a member
pays the $25.50 fingerprint fee, he or she has his or her
fingerprints taken in-house and must also pay a $35.00 fee to NASD
for registration with WEB CRD. See Amendment No. 1.
---------------------------------------------------------------------------

    To expedite the fingerprinting process, the Exchange now proposes
to offer an optional in-house fingerprinting service for all members
and member applicants for a $45.00 fee. Members or member applicants
choosing to avail themselves of the Exchange's proposed service would
have their fingerprints taken in-house. The Exchange would forward the
fingerprints to the FBI in order for the FBI to conduct the background
check.\8\ Upon receiving the results, the Exchange would forward the
results of the criminal background check to NASD. In this case, the
$13.00 fingerprint submission fee would be charged for results
processed through Amex.\9\ The Exchange believes that collapsing the
steps into one package will speed up this process and be less
burdensome for members and member applicants. The Exchange notes that
the current option, as well as the $25.50 option, shall continue to
remain in place.
---------------------------------------------------------------------------

    \8\ $22.00 out of the $45.00 amount would be paid to the FBI.
    \9\ NASD would collect this $13.00 fee. The Exchange clarified
in Amendment No. 1 that members or member applicants opting to have
their fingerprints taken in-house under the proposed new program
would pay a $45.00 fee as well as the $13.00 fee to WEB CRD. See
Amendment No. 1.
---------------------------------------------------------------------------

    Furthermore, the Exchange proposes to include an additional
footnote in the Member Fees section of the Amex Fee Schedule to note
that the $45.00 fee would only be assessed on members and member
applicants who partake in the Exchange's optional in-house
fingerprinting service. The Exchange further proposes to correct a
typographical error by deleting footnote 3 from the Examination Fees
section and replacing it with the correct footnote 2.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\10\ in general, and furthers the objectives of Section 6(b)(5) of the
Act \11\ in particular, in that it is 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-Amex-2007-18 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-Amex-2007-18. 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. Copies of such filing also will be available for
inspection and copying at the principal office of Amex. 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-Amex-2007-18 and should be
submitted on or before March 26, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\12\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\13\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and 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.
---------------------------------------------------------------------------

    \12\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that offering an optional in-house
fingerprinting service may provide Exchange members and member
applicants with an expedited and less burdensome alternative for
obtaining and processing their fingerprints at the Exchange as part of
the Exchange's registration process. The Commission further believes
that the additional changes to the Exchange's Member Fees schedule
serve to clarify the fees associated with the Exchange's new
fingerprinting service.
Accelerated Approval
    The Commission finds good cause, consistent with Section 19(b)(2)
of the Act,\14\ for approving this proposed rule change, as amended,
before the thirtieth day after the publication of notice thereof in the
Federal Register because it would enable the Exchange to implement the
optional in-house fingerprinting service immediately, providing members
and member applicants another way to be fingerprinted.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-Amex-2007-18), as modified
by Amendment No. 1, be, and it hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3746 Filed 3-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55164]
[FR Doc No: 2018-23896]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9042-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 10/22/2018 Through 10/26/2018
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20180258, Final, FERC, LA, Calcasieu Pass Project, Review
Period Ends: 12/03/2018, Contact: Office of External Affairs 866-208-
3372.
EIS No. 20180259, Draft, USFS, OR, Ragged Ruby, Comment Period Ends:
12/17/2018, Contact: Sasha Fertig<PHONE_NUMBER>.
EIS No. 20180260, Draft Supplement, USFS, ND, Northern Great Plains
Management Plans Revision (Dakota Prairie Oil and Gas RFDS SEIS),
Comment Period Ends: 12/17/2018, Contact: Leslie Ferguson<PHONE_NUMBER>.
EIS No. 20180261, Final, USACE, AK, Nanushuk Project, Review Period
Ends: 12/03/2018, Contact: Ellon Lyons<PHONE_NUMBER>.
EIS No. 20180262, Final, USFS, AK, Prince of Wales Landscape Level
Analysis Project, Review Period Ends: 12/17/2018, Contact: Delilah
Brigham<PHONE_NUMBER>.
EIS No. 20180263, Draft, FERC, TX, Texas LNG Project, Comment Period
Ends: 12/17/2018, Contact: Office of External Affairs<PHONE_NUMBER>.

Amended Notices

EIS No. 20180251, Final, NJDEP, NJ, Rebuild by Design (RBD) Meadowlands
Flood Control Project, Review Period Ends: 11/26/2018, Contact: Dennis
Reinknecht<PHONE_NUMBER> Revision to FR Notice Published 10/26/2018;
Correcting Lead Agency from HUD to NJDEP.

    Dated: October 29, 2018.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2018-23896 Filed 11-1-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35610-35615]
[FR Doc No: 2021-14180]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0129; FRL-10025-80-Region 4]

Air Plan Approval; AL; NOX SIP Call and Removal of CAIR

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Alabama through a letter dated February 27, 2020, to
add regulations maintaining compliance with the State's nitrogen oxides
(NOX) SIP Call obligations for large non-electricity
generating units (non-EGUs), to repeal the State's previously sunsetted
NOX Budget Trading Program regulations, and to repeal the
State's Clean Air Interstate Rule (CAIR) regulations. EPA is also
conditionally approving into the SIP state regulations that establish
monitoring and reporting requirements for units subject to the
NOX SIP Call, including alternative monitoring options for
certain sources for NOX SIP Call purposes. In addition, EPA
is making ministerial changes to reflect the State's renumbering of an
existing regulation for ``New Combustion Sources.''

DATES: This rule is effective August 6, 2021.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0129. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation

Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called the good neighbor provision, states are required to address the
interstate transport of air pollution. Specifically, the good neighbor
provision requires that each state's implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the
state that will significantly contribute to nonattainment of the
national ambient air quality standards (NAAQS), or that will interfere
with maintenance of the NAAQS, in any other state.
    In October 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NOX SIP Call). The NOX SIP
Call required eastern states, including Alabama, to submit SIPs that
prohibit excessive emissions of ozone season NOX by
implementing statewide emissions budgets.\1\ The NOX SIP
Call addressed the good neighbor provision for the 1979 ozone NAAQS and
was designed to mitigate the impact of transported NOX
emissions, one of the precursors of ozone.\2\ EPA developed the
NOX Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NOX SIP Call. This trading program allowed the following
sources to participate in a regional cap and trade program: Generally
EGUs with capacity greater than 25 megawatts (MW); and large industrial
non-EGUs, such as boilers and combustion turbines, with a rated heat
input greater than 250 million British thermal units per hour (MMBtu/
hr). The NOX SIP Call also identified potential reductions
from cement kilns and stationary internal combustion engines.
---------------------------------------------------------------------------

    \1\ See 63 FR 57356 (October 27, 1998).
    \2\ As originally promulgated, the NOX SIP Call also
addressed good neighbor obligations under the 1997 8-hour ozone
NAAQS, but EPA subsequently stayed and later rescinded the rule's
provisions with respect to that standard. See 65 FR 56245 (September
18, 2000); 84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------

    To comply with the NOX SIP Call requirements, in 2001,
the Alabama Department of Environmental Management (ADEM) submitted a
revision to add new rule sections to the SIP-approved version of
Alabama Administrative Code Chapter 335-3-1, General Provisions, and
Chapter 335-3-8, Control of Nitrogen Oxides Emissions. EPA approved the
revision as compliant with Phase I of the NOX SIP Call in
2001. See 66 FR 36919 (July 16, 2001). The approved revision required
EGUs and large non-EGUs in the State to participate in the
NOX Budget Trading Program beginning in 2004. In 2005,
Alabama submitted, and EPA approved, a SIP revision to address
additional emissions reductions required for the NOX SIP
Call under Phase II. See 70 FR 76694 (December. 28, 2005).
    In 2005, EPA published CAIR, which required several eastern states,
including Alabama, to submit SIPs that prohibited emissions consistent
with revised ozone season (and annual) NOX budgets. See 70
FR 25162 (May 12, 2005); see also 71 FR 25328 (April 28, 2006). CAIR
addressed the good neighbor provision for the 1997 ozone NAAQS and 1997
fine particulate matter (PM2.5) NAAQS and was designed to
mitigate the impact of transported NOX emissions with
respect to ozone and PM2.5. CAIR established several trading
programs that EPA implemented through federal implementation plans
(FIPs) for EGUs greater than 25 MW in each affected state, but not
large non-EGUs; states could submit SIPs to replace the FIPs that
achieved the required emission reductions from EGUs and/or other types
of sources.\3\ When the CAIR trading program for ozone season
NOX was implemented beginning in 2009, EPA discontinued
administration of the NOX Budget Trading Program; however,
the requirements of the NOX SIP Call continued to apply.
---------------------------------------------------------------------------

    \3\ CAIR had separate trading programs for annual sulfur dioxide
(SO2) emissions, seasonal NOX emissions, and
annual NOX emissions.
---------------------------------------------------------------------------

    On October 1, 2007 (72 FR 55659), EPA approved changes to Alabama's
SIP that incorporated requirements for CAIR. Consistent with CAIR's
requirements, EPA approved a SIP revision in which Alabama regulations:
(1) Sunset its NOX Budget Trading Program requirements, and
(2) incorporated CAIR annual and ozone season NOX state
trading programs. See 72 FR 55659. Participation of EGUs in the CAIR
ozone season NOX trading program addressed the State's
obligation under the NOX SIP Call for those units, and
Alabama also chose to require non-EGUs subject to the NOX
SIP Call to participate in the same CAIR trading program. In this
manner, Alabama's CAIR rules incorporated into the SIP addressed the
State's obligations under the NOX SIP Call with respect to
both EGUs and non-EGUs.
    The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented with the NOX annual and ozone season trading
programs beginning in 2009 and the SO2 annual trading
program beginning in 2010.
    Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations for the 1997 ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. See 76 FR
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in eastern
states, including Alabama, to meet annual and ozone season
NOX emission budgets and annual SO2 emission
budgets implemented through new trading programs. Implementation of
CSAPR began on January 1, 2015.\4\ CSAPR also contained provisions that
would sunset CAIR-related obligations on a schedule coordinated with
the implementation of the CSAPR compliance requirements. Participation
by a state's EGUs in the CSAPR trading program for ozone season
NOX generally addressed the state's obligation under the NOx
SIP Call for EGUs. CSAPR did not initially contain provisions allowing
states to incorporate large non-EGUs into that trading program to meet
the requirements of the NOX SIP Call for non-EGUs. EPA also
stopped

administering CAIR trading programs with respect to emissions occurring
after December 31, 2014.\5\
---------------------------------------------------------------------------

    \4\ See 79 FR 71663 (December 3, 2014).
    \5\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
---------------------------------------------------------------------------

    To comply with CSAPR, Alabama adopted SO2 and
NOX CSAPR trading program rules, including budgets, in ADEM
Administrative Code Chapters 335-3-5 and 335-3-8. On August 31, 2016,
EPA approved Alabama's CSAPR annual SO2 and annual
NOX trading program rules into the SIP.\6\ See 81 FR 59869.
Because EPA stopped administering the CAIR trading programs after 2014,
the approved CAIR rules in the State's SIP have not been implemented
for several years. Furthermore, ADEM repealed all CAIR and CAIR-related
regulations from Alabama Administrative Code Chapters 335-3-1, 335-3-5,
and 335-3-8 on December 9, 2011.\7\ Even though the CAIR programs were
not being implemented in Alabama, ozone season NOx emissions have
remained well below the NOX SIP Call budget levels.
---------------------------------------------------------------------------

    \6\ In the 2016 action, EPA did not act on the portion of
Alabama's SIP submittal intended to replace Alabama units'
obligations to participate in CSAPR's federal trading program for
ozone-season NOx emissions.
    \7\ Although CAIR-related regulations were repealed from ADEM
Administrative Code on December 11, 2011, the repeal of the
regulations was not effective until February 20, 2015. EPA is now
proposing to remove the repealed regulations from the SIP.
---------------------------------------------------------------------------

    After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several state budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NOX budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Alabama contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other states. The CSAPR Update reestablished an option for
most states to meet their ongoing obligations for non-EGUs under the
NOX SIP Call by including the units in the CSAPR Update
trading program.
    The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NOX for most covered
states. On October 6, 2017, EPA approved Alabama's CSAPR Update ozone
season NOX trading program rules for EGUs into the State's
SIP.\8\ See 82 FR 46674. Alabama's EGUs participate in the CSAPR Update
trading program, generally also addressing the state's obligations
under the NOX SIP Call for EGUs. However, Alabama elected
not to include its large non-EGUs in the CSAPR Update ozone season
trading program. Because Alabama's large non-EGUs no longer participate
in any CSAPR or CSAPR Update trading program for ozone season NOx
emissions, the NOX SIP Call regulations at 40 CFR
51.121(r)(2) as well as anti-backsliding provisions at 40 CFR 51.905(f)
and 40 CFR 51.1105(e) require these non-EGUs to maintain compliance
with NOX SIP Call requirements in some other way.
---------------------------------------------------------------------------

    \8\ This action approved CSAPR and CSAPR Update-related
provisions of Alabama SIP submissions dated October 26, 2015, and
May 19, 2017.
---------------------------------------------------------------------------

    Under 40 CFR 51.121(f)(2) of the NOx SIP Call regulations, where a
State's SIP contains control measures for EGUs and large non-EGU
boilers and combustion turbines, the SIP must contain enforceable
limits on the ozone season NOx mass emissions from these sources. In
addition, under 40 CFR 51.121(i)(4) of the NOx SIP Call regulations as
originally promulgated, the SIP also had to require these sources to
monitor emissions according to the provisions of 40 CFR part 75, which
generally entails the use of continuous emission monitoring systems
(CEMS). Alabama triggered these requirements by including control
measures in its SIP for these types of sources, and the requirements
have remained in effect despite the discontinuation of the
NOX Budget Trading Program after the 2008 ozone season. On
March 8, 2019, EPA revised some of the regulations that were originally
promulgated in 1998 to implement the NOX SIP Call.\9\ The
revision gave states covered by the NOX SIP Call greater
flexibility concerning the form of the NOx emissions monitoring
requirements that the states must include in their SIPs for certain
emissions sources. The revision amended 40 CFR 51.121(i)(4) to make
Part 75 monitoring, recordkeeping, and reporting optional, such that
SIPs may establish alternative monitoring requirements for SIP Call
budget units that meet the general requirements of 40 CFR 51.121(f)(1)
and (i)(1). Under the updated provision, a state's implementation plan
still needs to include some form of emissions monitoring requirements
for these types of sources, consistent with the NOX SIP
Call's general enforceability and monitoring requirements at Sec. Sec.
51.121(f)(1) and (i)(1), respectively, but states are no longer be
required to satisfy these general NOX SIP Call requirements
specifically through the adoption of 40 CFR part 75 monitoring
requirements.
---------------------------------------------------------------------------

    \9\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP Call,''
84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------

    After evaluating the various options available following EPA's
March 8, 2019, revision to the NOX SIP Call requirements,
ADEM revised its regulations to address NOX SIP Call
requirements and adopt alternative monitoring options for certain large
non-EGUs. The changes require large non-EGUs in the State to address
the NOX SIP Call's requirements for enforceable limits on
ozone season NOX mass emissions in a manner that does not
rely on the administration of an interstate trading program. In
addition, Alabama had previously revised its regulations to remove
NOX Budget Trading Program and CAIR trading program
provisions after EPA stopped administering those programs. Alabama also
revised its regulations non-substantively to renumber the regulation
titled, ``New Combustion Sources'' from Rule 335-3-8-.14 to Rule 335-3-
8-.05. The February 27, 2020, SIP revision submitted by ADEM requests
approval into the SIP of all of these rule changes.
    For a comprehensive discussion of EPA's analysis and rationale for
approval of the State's submittal, please refer to EPA's March 3, 2021,
notice of proposed rulemaking. See 86 FR 12305 (March 3, 2021). EPA
received no comments on the proposed approval of Alabama's SIP.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Alabama
Administrative Code Rule 335-3-8-.71, ``NOX Budget
Program,'' which reestablishes enforceable limits on ozone season
NOX mass emission for certain units as required by EPA's
NOX SIP Call regulations, and conditionally approving Rule
335-3-8-.72, ``NOX Budget Program Monitoring and
Reporting,'' which establishes alternative emission monitoring
requirements for the units, both state effective on April 13, 2020.
Further, EPA is approving the renumbering of Rule 335-3-8-.14, ``New
Combustion Sources'' to 335-3-8-.05, ``New Combustion Sources,'' state
effective January 16, 2012. Also in this document, EPA is finalizing
the removal of provisions from the Alabama State

Implementation Plan regarding the State's NOX Budget Trading
Program and CAIR trading program regulations at Rules 335-3-1-.14, 335-
3-1-.16,\10\ 335-3-5-.06 through 335-3-5-.08, 335-3-5-.11 through 335-
3-5-.14, 335-3-8-.05 through 335-3-8-.13, 335-3-8-.16 through 335-3-
8-.18, 335-3-8-.20, 335-3-8-.21, 335-3-8-.23 through 335-3-8-.27, 335-
3-8-.29, 335-3-8-.30, 335-3-8-.32, and 335-3-8-.33, which were
incorporated by reference in accordance with the requirements of 1 CFR
part 51. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, the revised materials as stated above, have been approved by
EPA for inclusion in the State implementation plan, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\11\
---------------------------------------------------------------------------

    \10\ Rule 335-3-1-.16 was originally approved into the Alabama
SIP on March 26, 2009 (74 FR 13118). However, inadvertently, Rule
335-3-1-.16 was never added to the table of EPA-Approved Alabama
Regulations found at 40 CFR 52.50(c). In effect, there is no need to
remove an entry for this Section from the table of EPA-Approved
Alabama Regulations because EPA is now approving the removal of this
Rule from the Alabama SIP and an approval entry was never included.
    \11\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is taking final action to approve revisions to Alabama's SIP,
which the State submitted to EPA on February 27, 2020, regarding the
NOX Budget Program. EPA has determined that these portions
of Alabama's SIP meet the applicable requirements of sections 110 and
172 of the CAA and applicable regulatory requirements at 40 CFR part
51. In addition, EPA is conditionally approving certain revisions, as
described above, regarding the NOX Budget Program's
monitoring and reporting requirements, per Alabama's commitment through
a letter dated September 15, 2020.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 7, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 B--Alabama

0
2. Section 52.49 is added to read as follows:

Sec.  52.49  Conditional approval.

    EPA conditionally approved Rule 335-3-8-.72, NOX Budget
Program Monitoring and Reporting, submitted by Alabama on February 27,
2020, into the Alabama SIP on July 7, 2021. This conditional approval
is based on Alabama's September 15, 2020, commitment to the EPA to
correct, within one year of the conditional

approval, the stack testing requirement, which was added to Rule 335-3-
8-.72(1)(c) in error. If Alabama fails to meet its commitment by July
7, 2022, the conditional approval will become a disapproval on July 7,
2022 and EPA will issue a notification to that effect.

0
3. Section 52.50 is amended in the table in paragraph (c) by:
0
a. Removing the entries for Sections--
0
i. 335-3-1-.14, titled ``Emissions Reporting Requirements Relating to
Budgets for NOX Emissions'';
0
ii. 335-3-5-.06, titled ``State Clean Air Interstate Rule (CAIR)
SO2 Trading Program General Provisions'';
0
iii. 335-3-5-.07, titled ``CAIR Designated Representative for CAIR
SO2 Sources'';
0
iv. 335-3-5-.08, titled ``Permits'';
0
v. 335-3-5-.11, titled ``CAIR SO2 Allowance Tracking
System'';
0
vi. 335-3-5-.12, titled ``CAIR SO2 Allowance Transfers'';
0
vii. 335-3-5-.13, titled ``Monitoring and Reporting'';
0
viii. 335-3-5-.14, titled ``CAIR SO2 Opt-In Units'';
0
ix. 335-3-8-.05, titled ``NOX Budget Trading Program'';
0
x. 335-3-8-.06, titled ``Authorized Account Representative for
NOX Budget Sources'';
0
xi. 335-3-8-.07, titled ``Permits'';
0
xii. 335-3-8-.08, titled ``Compliance Certification'';
0
xiii. 335-3-8-.09, titled ``NOX Allowance Allocations'';
0
xiv. 335-3-8-.10, titled ``NOX Allowance Tracking System'';
0
xv. 335-3-8-.11, titled ``NOX Allowance Transfers'';
0
xvi. 335-3-8-.12, titled ``Monitoring and Reporting'';
0
xvii. 335-3-8-.13, titled ``Individual Unit Opt-ins'';
0
xviii. 335-3-8-.14, titled ``New Combustion Sources'';
0
xix. 335-3-8-.16, titled ``CAIR NOX Annual Budget Trading
Program'';
0
xx. 335-3-8-.17, titled ``CAIR Designated Representative for CAIR
NOX Sources'';
0
xxi. 335-3-8-.18, titled ``CAIR Permits'';
0
xxii. 335-3-8-.20, titled ``CAIR NOX Allowance
Allocations'';
0
xxiii. 335-3-8-.21, titled ``CAIR NOX Allowance Tracking
System'';
0
xxiv. 335-3-8-.23, titled ``CAIR Monitoring and Reporting'';
0
xxv. 335-3-8-.24, titled ``CAIR NOX Opt-in Units'';
0
xxvi. 335-3-8-.25, titled ``CAIR NOX Ozone Season Trading
Program'';
0
xxvii. 335-3-8-.26, titled ``CAIR Designated Representative for CAIR
NOX Ozone Season Sources'';
0
xxviii. 335-3-8-.27, titled ``CAIR NOX Ozone Season
Permits'';
0
xxix. 335-3-8-.29, titled ``CAIR NOX Ozone Season Allowance
Allocations'';
0
xxx. 335-3-8-.30, titled ``CAIR NOX Ozone Season Allowance
Tracking System'';
0
xxxi. 335-3-8-.32, titled ``CAIR NOX Ozone Season Monitoring
and Reporting''; and
0
xxxii. 335-3-8-.33, titled ``CAIR NOX Ozone Season Opt-in
Units'';
0
b. Adding entries for Sections--
0
i. 335-3-8-.05, titled ``New Combustion Sources'';
0
ii. 335-3-8-.71, titled ``NOx Budget Program''; and
0
iii. 335-3-8-.72, titled ``NOX Budget Program Monitoring and
Reporting'';
0
c. Revising the entries for Sections--
0
i. 335-3-5-.06 through 335-3-5.08;
0
ii. 335-3-5-.11 through 335-3-5.14;
0
iii. 335-3-8-.07 through 335-3-8.14;
0
iv. 335-3-8-.16 through 335-3-8.18;
0
v. 335-3-8-.20 and 335-3-8-.21;
0
vi. 335-3-8-.23 through 335-3-8.27;
0
vii. 335-3-8-.29 and 335-3-8-.30; and
0
d. Removing ``Both sections of 335-3-8-.33 are included in the approved
SIP.'' in the ``Explanation'' column in the entry for Section 335-3-
8-.33.
    The revisions and additions read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                                                            EPA-Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                State
              State citation                        Title/subject           effective date                EPA approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
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                                                Chapter No. 335-3-5 Control of Sulfur Compound Emissions
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                                                                      * * * * * * *
Section 335-3-5-.06......................  TR SO2 Trading Program--Purpose      11/24/2015  8/31/2016, 81 FR 59869......................
                                            and Definitions.
Section 335-3-5-.07......................  TR SO2 Trading Program--             11/24/2015  8/31/2016, 81 FR 59869......................
                                            Applicability.
Section 335-3-5-.08......................  TR SO2 Trading Program--Retired      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Unit Exemption.

                                                                      * * * * * * *
Section 335-3-5-.11......................  Administrative Appeal                11/24/2015  8/31/2016, 81 FR 59869......................
                                            Procedures.
Section 335-3-5-.12......................  SO2 Trading Budgets and              11/24/2015  8/31/2016, 81 FR 59869......................
                                            Variability Limits.
Section 335-3-5-.13......................  TR SO2 Allowance Allocations...       12/7/2018  3/12/2020, 85 FR 14418......................
Section 335-3-5-.14......................  Authorization of Designated          11/24/2015  8/31/2016, 81 FR 59869......................
                                            Representative and Alternate
                                            Designated Representative.

                                                                      * * * * * * *
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                                                Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
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                                                                      * * * * * * *
Section 335-3-8-.05......................  New Combustion Sources.........       1/16/2012  7/7/2021, [Insert citation of publication]..

                                                                      * * * * * * *
Section 335-3-8-.07......................  TR NOX Annual Trading Program--      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Purpose and Definitions.

Section 335-3-8-.08......................  TR NOX Annual Trading Program--      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Applicability.
Section 335-3-8-.09......................  TR NOX Annual Trading Program--      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Retired Unit Exemption.
Section 335-3-8-.10......................  TR NOX Annual Trading Program--      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Standard Requirements.
Section 335-3-8-.11......................  TR NOX Annual Trading Program--      11/24/2015  8/31/2016, 81 FR 59869......................
                                            Computation of Time.
Section 335-3-8-.12......................  Administrative Appeal                11/24/2015  8/31/2016, 81 FR 59869......................
                                            Procedures.
Section 335-3-8-.13......................  NOX Annual Trading Budgets and       11/24/2015  8/31/2016, 81 FR 59869......................
                                            Variability Limits.
Section 335-3-8-.14......................  TR NOX Annual Allowance               12/7/2018  3/12/2020, 85 FR 14418......................
                                            Allocations.
Section 335-3-8-.16......................  Authorization of Designated          11/24/2015  8/31/2016, 81 FR 59869......................
                                            Representative and Alternate
                                            Designated Representative.
Section 335-3-8-.17......................  Responsibilities of Designated       11/24/2015  8/31/2016, 81 FR 59869......................
                                            Representative and Alternate
                                            Designated Representative.
Section 335-3-8-.18......................  Changing Designated                  11/24/2015  8/31/2016, 81 FR 59869......................
                                            Representative and Alternate
                                            Designated Representative;
                                            Changes in Owners and
                                            Operators; Changes in Units at
                                            the Source.

                                                                      * * * * * * *
Section 335-3-8-.20......................  Objections Concerning                11/24/2015  8/31/2016, 81 FR 59869......................
                                            Designated Representative and
                                            Alternate Designated
                                            Representative.
Section 335-3-8-.21......................  Delegation by Designated             11/24/2015  8/31/2016, 81 FR 59869......................
                                            Representative and Alternate
                                            Designated Representative.
Section 335-3-8-.23......................  Establishment of Compliance          11/24/2015  8/31/2016, 81 FR 59869......................
                                            Accounts, Assurance Accounts,
                                            and General Accounts.
Section 335-3-8-.24......................  Recordation of TR NOX Annual         11/24/2015  8/31/2016, 81 FR 59869......................
                                            Allowance Allocations and
                                            Auction Results.
Section 335-3-8-.25......................  Submission of TR NOX Annual          11/24/2015  8/31/2016, 81 FR 59869......................
                                            Allowance Transfers.
Section 335-3-8-.26......................  Recordation of TR NOX Annual         11/24/2015  8/31/2016, 81 FR 59869......................
                                            Allowance Transfers.
Section 335-3-8-.27......................  Compliance with TR NOX Annual        11/24/2015  8/31/2016, 81 FR 59869......................
                                            Emissions Limitation.

                                                                      * * * * * * *
Section 335-3-8-.29......................  Banking........................      11/24/2015  8/31/2016, 81 FR 59869......................
Section 335-3-8-.30......................  Account Error..................      11/24/2015  8/31/2016, 81 FR 59869......................

                                                                      * * * * * * *
Section 335-3-8-.33......................  General Monitoring,                  11/24/2015  8/31/2016, 81 FR 59869......................
                                            Recordkeeping, and Reporting
                                            Requirements.

                                                                      * * * * * * *
Section 335-3-8-.71......................  NOX Budget Program.............       4/13/2020  7/7/2021, [Insert citation of publication]..
Section 335-3-8-.72......................  NOX Budget Program Monitoring         4/13/2020  7/7/2021, [Insert citation of publication]..   Conditionally
                                            and Reporting.                                                                                approved.
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[FR Doc. 2021-14180 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P