[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40053-40054]
[FR Doc No: 2015-17049]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2101-000]

Golden West Power Partners, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Golden West Power Partners, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 27, 2015.
    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
5 copies

of the intervention or protest to the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 7, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-17049 Filed 7-10-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42031-42033]
[FR Doc No: 2018-17823]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0060; FRL-9982-46--Region 10]

Air Plan Approval; Washington; Interstate Transport Requirements
for the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Clean Air Act requires each State Implementation Plan
(SIP) to contain adequate provisions prohibiting emissions that will
have certain adverse air quality effects in other states. On February
7, 2018, the State of Washington made a submission to the Environmental
Protection Agency (EPA) to address these requirements. The EPA is
approving the submission as meeting the requirement that each SIP
contain adequate provisions to prohibit emissions that will contribute
significantly to nonattainment or interfere with maintenance of the
2012 annual fine particulate matter (PM2.5) national ambient
air quality standard (NAAQS) in any other state.

DATES: This final rule is effective September 19, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0060. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information the disclosure of which is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and is publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Background Information

    On June 28, 2018, the EPA proposed to approve Washington as meeting
the requirement that each SIP contain adequate provisions to prohibit
emissions that will contribute significantly to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state (83 FR 30380). An explanation of the Clean Air Act
requirements, a detailed analysis of the submittal, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for the proposal ended July 30, 2018.

II. Response to Comments

    We received three comments on the rulemaking. After reviewing the
comments, we have determined that the comments are outside the scope of
our proposed action and fail to identify any material issue
necessitating a response. For more information, please see our
memorandum included in the docket for this action.

III. Final Action

    The EPA is approving Washington's February 7, 2018, submission
certifying that the SIP is sufficient to meet the interstate transport
requirements of Clean Air Act section 110(a)(2)(D)(i)(I), specifically
prongs one and two, as set forth in the proposed rulemaking for this
action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does

not impose additional requirements beyond those imposed by state law.
For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because actions such as SIP approvals are
exempted under Executive Order 12866;
     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 this action does not involve technical standards; and
     Does not provide the 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 and
is also not approved to apply in any other area where the 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).
    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. The 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 19, 2018. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 7, 2018.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. In Sec.  52.2470, table 2 in paragraph (e) is amended by adding the
entry ``Interstate Transport for the 2012 PM2.5 NAAQS''
immediately below the entry ``Interstate Transport for the 2008 Ozone
NAAQS'' to read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
                                                               State
      Name of SIP provision        Applicable geographic     submittal     EPA approval date     Explanations
                                   or nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Interstate Transport for the      Statewide.............        2/7/2018  8/20/2018, [insert  This action
 2012 PM2.5 NAAQS.                                                         Federal Register    addresses CAA
                                                                           citation].          110(a)(2)(D)(i)(I
                                                                                ).

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

[FR Doc. 2018-17823 Filed 8-17-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70796-70798]
[FR Doc No: 2022-25220]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-11-000]

Florida Gas Transmission Company, LLC; Notice of Request Under
Blanket Authorization and Establishing Intervention and Protest
Deadline

    Take notice that on November 3, 2022, Florida Gas Transmission
Company, LLC (FGT), 1300 Main St., Houston, Texas 77002, filed in the
above referenced docket, a prior notice request pursuant to sections
157.205, 157.208 and 157.211 of the Federal Energy Regulatory
Commission's (Commission) regulations under the Natural Gas Act (NGA),
and FGT's blanket certificate issued in Docket No. CP82-553-000, for
authorization to construct/modify, install, own, maintain, and operate
certain natural gas pipeline facilities (including lateral looping) and
appurtenant facilities in Pinellas County, Florida, and modify and
install appurtenant facilities on the existing FGT Tampa West Lateral
in Hillsborough County, Florida, to support the proposed Tampa West
Project (Tampa West Project).
    In its application, FGT states that the proposed Tampa West Project
will enable FGT to decrease certain existing Peoples Gas System (PGS)
delivery point capacity by 10,000 Million British Thermal Units per day
(MMBtu/d) in PGS' St. Petersburg Division on FGT's system in Pinellas
County, Florida, and to increase delivery point capacity by 10,000
MMBtu/d to PGS Tampa West in PGS' Tampa Division on the FGT system in
Hillsborough County, Florida. FGT also states that this will allow the
peak hourly flow rights to the PGS Tampa West delivery point to be
increased from 360 Million British Thermal Units per hour (MMBtu/hr) to
667 MMBtu/hr, in Hillsborough County, Florida. FGT also states that
there will be no change in the daily capacity of FGT's mainline system,
all as more fully set forth in the request which is on file with the
Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this prior notice request should be
directed to Blair Lichtenwalter, Senior Director, Certificates, Florida
Gas Transmission Company, LLC, 1300 Main St., Houston, Texas 77002, at
(713) 989-2605, or by

email to [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on January 13, 2023.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is January 13, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is January 13, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before January 13, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-11-000 in your submission:
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
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    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-11-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail at: Blair Lichtenwalter, Senior Director, Certificates,
Florida Gas Transmission Company, LLC, 1300 Main St., Houston, Texas
77002, or email (with a link to the document) at:
[email protected]. Any subsequent submissions by
an intervenor must be served on the applicant and all other parties to
the proceeding. Contact information for parties can be downloaded from
the service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: November 14, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-25220 Filed 11-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Pages 68632-68636]
[FR Doc No: 2010-28185]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63230; File No. 4-618]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of
Regulatory Responsibilities Between BATS Exchange, Inc., BATS Y-
Exchange, Inc., Chicago Board Options Exchange, Inc., Chicago Stock
Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., Financial
Industry Regulatory Authority, Inc., The NASDAQ Stock Market LLC,
NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, National Stock Exchange,
Inc., New York Stock Exchange LLC, NYSE Amex LLC, and NYSE Arca, Inc.
Relating to Regulation NMS Rules

November 2, 2010.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on October 15, 2010, BATS Exchange, Inc. (``BATS''), BATS Y-Exchange,
Inc. (``BATS Y''), Chicago Board Options Exchange, Inc. (``CBOE'') \3\,
Chicago Stock Exchange, Inc. (``CHX''), EDGA Exchange, Inc. (``EDGA''),
EDGX Exchange, Inc. (``EDGX''), Financial Industry Regulatory
Authority, Inc. (``FINRA''), The NASDAQ Stock Market LLC (``NASDAQ''),
NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC (``PHLX''), National Stock
Exchange, Inc. (``NSX''), New York Stock Exchange LLC (``NYSE''), NYSE
Amex LLC (``NYSE Amex''), and NYSE Arca, Inc. (``NYSE Arca'')
(together, the ``Participating Organizations'' or the ``Parties'')
filed with the Securities and Exchange Commission (``Commission'' or
``SEC'') a plan for the allocation of regulatory responsibilities with
respect to certain Regulation NMS Rules listed in Exhibit A to the Plan
(``17d-2 Plan'' or the ``Plan''). The Commission is publishing this
notice to solicit comments on the 17d-2 Plan from interested persons.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
    \3\ CBOE's allocation of certain regulatory responsibilities
under this Agreement is limited to the activities of the CBOE Stock
Exchange, LLC, a facility of CBOE.

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

I. Introduction

    Section 19(g)(1) of the Act,\4\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) or Section 19(g)(2) of the Act.\5\ Without
this relief, the statutory obligation of each individual SRO could
result in a pattern of multiple examinations of broker-dealers that
maintain memberships in more than one SRO (``common members''). Such
regulatory duplication would add unnecessary expenses for common
members and their SROs.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(g)(1).
    \5\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
---------------------------------------------------------------------------

    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------

    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. Proposed Plan

    The proposed 17d-2 Plan is intended to reduce regulatory
duplication for firms that are common members of both FINRA and one or
more exchanges that are a Party to the proposed 17d-2 Plan. Pursuant to
the proposed 17d-2 Plan, FINRA would assume certain examination and
enforcement responsibilities for common members with respect to certain
applicable laws, rules, and regulations.
    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``Covered Regulation NMS Rules'') that lists
the Federal securities laws, rules, and regulations, for which FINRA
would bear responsibility under the Plan for overseeing and enforcing
with respect to members of a Participating Organization that are also
members of FINRA and the associated persons therewith (``Dual
Members'').
    Specifically, under the 17d-2 Plan, FINRA would assume examination
and enforcement responsibility relating to compliance by Dual Members
with the Covered Regulation NMS Rules. Covered Regulation NMS Rules
would not include the application of any rule of a Participating
Organization, or any rule or regulation under the Act, to the extent
that it pertains to violations of insider trading activities, because
such matters are covered by a separate multiparty agreement under Rule
17d-2.\11\ Under the Plan, the Participating Organizations would retain
full responsibility for surveillance and enforcement with respect to
trading activities or practices involving its own marketplace.\12\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 58350 (August 13,
2008), 73 FR 48247 (August 18, 2008) (File No. 4-566) (notice of
filing of proposed plan). See also Securities Exchange Act Release
No. 58536 (September 12, 2008) (File No. 4-566) (order approving and
declaring effective the plan). The Certification identifies several
Common Rules that may also be addressed in the context of regulating
insider trading activities pursuant to the proposed separate
multiparty agreement.
    \12\ See paragraph 1 of the proposed 17d-2 Plan.
---------------------------------------------------------------------------

    The text of the proposed 17d-2 Plan is as follows:

Agreement for the Allocation of Regulatory Responsibility for the
Covered Regulation NMS Rules pursuant to Sec.  17(d) of the Securities
Exchange Act of 1934, 15 U.S.C. Sec.  78q(d), and Rule 17d-2 Thereunder

    This agreement (the ``Agreement'') by and among BATS Exchange, Inc.
(``BATS''), BATS Y-Exchange, Inc. (``BATS Y''), Chicago Board Options
Exchange, Inc. (``CBOE'') \13\, Chicago Stock Exchange, Inc. (``CHX''),
EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. (``EDGX''),
Financial Industry Regulatory Authority, Inc. (``FINRA''), The NASDAQ
Stock Market LLC (``NASDAQ''), NASDAQ OMX BX, Inc., NASDAQ OMX PHLX,
Inc., National Stock Exchange, Inc. (``NSX''), New York Stock Exchange
LLC (``NYSE''), NYSE Amex LLC (``NYSE Amex''), and NYSE Arca, Inc.
(``NYSE Arca'') (together, the ``Participating Organizations''), is
made pursuant to Sec.  17(d) of the Securities Exchange Act of 1934
(the ``Act'' or ``SEA''), 15 U.S.C. Sec.  78q(d), and Rule 17d-2
thereunder, which allow for plans to allocate regulatory responsibility
among self-regulatory organizations (``SROs'').
---------------------------------------------------------------------------

    \13\ CBOE's allocation of certain regulatory responsibilities
under this Agreement is limited to the activities of the CBOE Stock
Exchange, LLC, a facility of CBOE.
---------------------------------------------------------------------------

    WHEREAS, the Participating Organizations desire to: (a) foster
cooperation and coordination among the SROs; (b) remove impediments to,
and foster the development of, a national market system; (c) strive to
protect the interest of investors; and (d) eliminate duplication in
their examination and enforcement of SEA Rules 611(a) and (b) and 612
(the ``Covered Regulation NMS Rules'');
    WHEREAS, the Participating Organizations are interested in

allocating regulatory responsibilities with respect to broker-dealers
that are members of more than one Participating Organization (the
``Common Members'') relating to the examination and enforcement of the
Covered Regulation NMS Rules; and
    WHEREAS, the Participating Organizations will request regulatory
allocation of these regulatory responsibilities by executing and filing
with the Securities and Exchange Commission (``Commission'' or ``SEC'')
a plan for the above stated purposes (this Agreement) pursuant to the
provisions of Sec.  17(d) of the Act, and Rule 17d-2 thereunder, as
described below.
    NOW, THEREFORE, in consideration of the mutual covenants contained
hereafter, and other valuable consideration to be mutually exchanged,
the Participating Organizations hereby agree as follows:
    1. Assumption of Regulatory Responsibility. The Designated
Regulation NMS Examining Authority (the ``DREA'') shall assume
examination and enforcement responsibilities relating to compliance by
Common Members with the Covered Regulation NMS Rules (``Regulatory
Responsibility''). A list of the Covered Regulation NMS Rules is
attached hereto as Exhibit A. FINRA shall serve as DREA for Common
Members that are members of FINRA. The Designated Examining Authority
pursuant to SEA Rule 17d-1 (``DEA'') shall serve as DREA for Common
Members that are not members of FINRA. Notwithstanding anything herein
to the contrary, it is explicitly understood that the term ``Regulatory
Responsibility'' does not include, and each of the Participating
Organizations shall retain full responsibility for examination,
surveillance and enforcement with respect to trading activities or
practices involving its own marketplace unless otherwise allocated
pursuant to a separate Rule 17d-2 Agreement. Whenever a Common Member
ceases to be a member of its DREA, the DREA shall promptly inform the
Common Member's DEA, which will become such Common Member's new DREA.
    2. No Retention of Regulatory Responsibility. The Participating
Organizations do not contemplate the retention of any responsibilities
with respect to the regulatory activities being assumed by the DREA
under the terms of this Agreement. Nothing in this Agreement will be
interpreted to prevent a DREA from entering into Regulatory Services
Agreement(s) to perform its Regulatory Responsibility.
    3. No Charge. A DREA shall not charge Participating Organizations
for performing the Regulatory Responsibility under this Agreement.
    4. Applicability of Certain Laws, Rules, Regulations or Orders.
Notwithstanding any provision hereof, this Agreement shall be subject
to any statute, or any rule or order of the SEC. To the extent such
statute, rule, or order is inconsistent with one or more provisions of
this Agreement, the statute, rule, or order shall supersede the
provision(s) hereof to the extent necessary to be properly effectuated
and the provision(s) hereof in that respect shall be null and void.
    5. Customer Complaints. If a Participating Organization receives a
copy of a customer complaint relating to a DREA's Regulatory
Responsibility as set forth in this Agreement, the Participating
Organization shall promptly forward to such DREA a copy of such
customer complaint. It shall be such DREA's responsibility to review
and take appropriate action in respect to such complaint.
    6. Parties to Make Personnel Available as Witnesses. Each
Participating Organization shall make its personnel available to the
DREA to serve as testimonial or non-testimonial witnesses as necessary
to assist the DREA in fulfilling the Regulatory Responsibility
allocated under this Agreement. The DREA shall provide reasonable
advance notice when practicable and shall work with a Participating
Organization to accommodate reasonable scheduling conflicts within the
context and demands as the entity with ultimate regulatory
responsibility. The Participating Organization shall pay all reasonable
travel and other expenses incurred by its employees to the extent that
the DREA requires such employees to serve as witnesses, and provide
information or other assistance pursuant to this Agreement.
    7. Sharing of Work-Papers, Data and Related Information.
    a. Sharing. A Participating Organization shall make available to
the DREA information necessary to assist the DREA in fulfilling the
Regulatory Responsibility assumed under the terms of this Agreement.
Such information shall include any information collected by a
Participating Organization in the course of performing its regulatory
obligations under the Act, including information relating to an on-
going disciplinary investigation or action against a member, the amount
of a fine imposed on a member, financial information, or information
regarding proprietary trading systems gained in the course of examining
a member (``Regulatory Information''). This Regulatory Information
shall be used by the DREA solely for the purposes of fulfilling the
DREA's Regulatory Responsibility.
    b. No Waiver of Privilege. The sharing of documents or information
between the parties pursuant to this Agreement shall not be deemed a
waiver as against third parties of regulatory or other privileges
relating to the discovery of documents or information.
    8. Special or Cause Examinations and Enforcement Proceedings.
Nothing in this Agreement shall restrict or in any way encumber the
right of a Participating Organization to conduct special or cause
examinations of a Common Member, or take enforcement proceedings
against a Common Member as a Participating Organization, in its sole
discretion, shall deem appropriate or necessary.
    9. Dispute Resolution Under this Agreement.
    a. Negotiation. The Participating Organizations will attempt to
resolve any disputes through good faith negotiation and discussion,
escalating such discussion up through the appropriate management levels
until reaching the executive management level. In the event a dispute
cannot be settled through these means, the Participating Organizations
shall refer the dispute to binding arbitration.
    b. Binding Arbitration. All claims, disputes, controversies, and
other matters in question between the Participating Organizations to
this Agreement arising out of or relating to this Agreement or the
breach thereof that cannot be resolved by the Participating
Organizations will be resolved through binding arbitration. Unless
otherwise agreed by the Participating Organizations, a dispute
submitted to binding arbitration pursuant to this paragraph shall be
resolved using the following procedures:
    (i) The arbitration shall be conducted in a city selected by the
DREA in which it maintains a principal office or where otherwise agreed
to by the Participating Organizations in accordance with the Commercial
Arbitration Rules of the American Arbitration Association and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof; and
    (ii) There shall be three arbitrators, and the chairperson of the
arbitration panel shall be an attorney.
    10. Limitation of Liability. As between the Participating
Organizations, no Participating Organization, including its respective
directors, governors, officers, employees and agents, will be liable to
any other Participating Organization, or its directors, governors,
officers,

employees and agents, for any liability, loss or damage resulting from
any delays, inaccuracies, errors or omissions with respect to its
performing or failing to perform regulatory responsibilities,
obligations, or functions, except (a) as otherwise provided for under
the Act, (b) in instances of a Participating Organization's gross
negligence, willful misconduct or reckless disregard with respect to
another Participating Organization, or (c) in instances of a breach of
confidentiality obligations owed to another Participating Organization.
The Participating Organizations understand and agree that the
regulatory responsibilities are being performed on a good faith and
best effort basis and no warranties, express or implied, are made by
any Participating Organization to any other Participating Organization
with respect to any of the responsibilities to be performed hereunder.
This paragraph is not intended to create liability of any Participating
Organization to any third party.
    11. SEC Approval.
    a. The Participating Organizations agree to file promptly this
Agreement with the SEC for its review and approval. FINRA shall file
this Agreement on behalf, and with the explicit consent, of all
Participating Organizations.
    b. If approved by the SEC, the Participating Organizations will
notify their members of the general terms of the Agreement and of its
impact on their members.
    12. Subsequent Parties; Limited Relationship. This Agreement shall
inure to the benefit of and shall be binding upon the Participating
Organizations hereto and their respective legal representatives,
successors, and assigns. Nothing in this Agreement, expressed or
implied, is intended or shall: (a) Confer on any person other than the
Participating Organizations hereto, or their respective legal
representatives, successors, and assigns, any rights, remedies,
obligations or liabilities under or by reason of this Agreement, (b)
constitute the Participating Organizations hereto partners or
participants in a joint venture, or (c) appoint one Participating
Organization the agent of the other.
    13. Assignment. No Participating Organization may assign this
Agreement without the prior written consent of the DREAs performing
Regulatory Responsibility on behalf of such Participating Organization,
which consent shall not be unreasonably withheld, conditioned or
delayed; provided, however, that any Participating Organization may
assign the Agreement to a corporation controlling, controlled by or
under common control with the Participating Organization without the
prior written consent of such Participating Organization's DREAs. No
assignment shall be effective without Commission approval.
    14. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    15. Termination. Any Participating Organization may cancel its
participation in the Agreement at any time upon the approval of the
Commission after 180 days written notice to the other Participating
Organizations (or in the case of a change of control in ownership of a
Participating Organization, such other notice time period as that
Participating Organization may choose). The cancellation of its
participation in this Agreement by any Participating Organization shall
not terminate this Agreement as to the remaining Participating
Organizations.
    16. General. The Participating Organizations agree to perform all
acts and execute all supplementary instruments or documents that may be
reasonably necessary or desirable to carry out the provisions of this
Agreement.
    17. Written Notice. Any written notice required or permitted to be
given under this Agreement shall be deemed given if sent by certified
mail, return receipt requested, or by a comparable means of electronic
communication to each Participating Organization entitled to receipt
thereof, to the attention of the Participating Organization's
representative at the Participating Organization's then principal
office or by e-mail.
    18. Confidentiality. The Participating Organizations agree that
documents or information shared shall be held in confidence, and used
only for the purposes of carrying out their respective regulatory
obligations under this Agreement, provided, however, that each
Participating Organization may disclose such documents or information
as may be required to comply with applicable regulatory requirements or
requests for information from the SEC. Any Participating Organization
disclosing confidential documents or information in compliance with
applicable regulatory or oversight requirements will request
confidential treatment of such information. No Participating
Organization shall assert regulatory or other privileges as against the
other with respect to Regulatory Information that is required to be
shared pursuant to this Agreement.
    19. Regulatory Responsibility. Pursuant to Section 17(d)(1)(A) of
the Act, and Rule 17d-2 thereunder, the Participating Organizations
request the SEC, upon its approval of this Agreement, to relieve the
Participating Organizations which are participants in this Agreement
that are not the DREA as to a Common Member of any and all
responsibilities with respect to the matters allocated to the DREA
pursuant to this Agreement for purposes of Sec. Sec.  17(d) and 19(g)
of the Act.
    20. Governing Law. This Agreement shall be deemed to have been made
in the State of New York, and shall be construed and enforced in
accordance with the law of the State of New York, without reference to
principles of conflicts of laws thereof. Each of the Participating
Organizations hereby consents to submit to the jurisdiction of the
courts of the State of New York in connection with any action or
proceeding relating to this Agreement.
    21. Survival of Provisions. Provisions intended by their terms or
context to survive and continue notwithstanding delivery of the
regulatory services by the DREA and any expiration of this Agreement
shall survive and continue.
    22. Amendment.
    a. This Agreement may be amended to add a new Participating
Organization, provided that such Participating Organization does not
assume regulatory responsibility, solely by an amendment executed by
all applicable DREAs and such new Participating Organization. All other
Participating Organizations expressly consent to allow such DREAs to
jointly add new Participating Organizations to the Agreement as
provided above. Such DREAs will promptly notify all Participating
Organizations of any such amendments to add a new Participating
Organization.
    b. All other amendments must be made approved by each Participating
Organization. All amendments, including adding a new Participating
Organization, must be filed with and approved by the Commission before
they become effective.
    23. Effective Date. The Effective Date of this Agreement will be
the date the SEC declares this Agreement to be effective pursuant to
authority conferred

by Sec.  17(d) of the Act, and Rule 17d-2 thereunder.
    24. Counterparts. This Agreement may be executed in any number of
counterparts, including facsimile, each of which will be deemed an
original, but all of which taken together shall constitute one single
agreement among the Participating Organizations.
* * * * *

EXHIBIT A

COVERED REGULATION NMS RULES

SEA Rule 611(a)--Order Protection Rule.--Reasonable Policies and
Procedures.
SEA Rule 611(b)--Order Protection Rule.--Exceptions.
SEA Rule 612--Minimum Pricing Increment.

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

    Pursuant to Section 17(d)(1) of the Act \14\ and Rule 17d-2
thereunder,\15\ after November 29, 2010, the Commission may, by written
notice, declare the proposed Plan, File No. 4-618, to be effective if
the Commission finds that the plan is necessary or appropriate in the
public interest and for the protection of investors, to foster
cooperation and coordination among self-regulatory organizations, or to
remove impediments to and foster the development of the national market
system and a national system for the clearance and settlement of
securities transactions and in conformity with the factors set forth in
Section 17(d) of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q(d)(1).
    \15\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the proposed 17d-2 Plan and to relieve the Participating Organizations
of the responsibilities which would be assigned to FINRA, interested
persons are invited to submit written data, views, and arguments
concerning the foregoing. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number 4-618 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-618. 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of the
Participating Organizations. 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 4-618 and should be submitted on or before November 29,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(34).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28185 Filed 11-5-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Pages 35543-35544]
[FR Doc No: 2014-14596]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2012-0634; FRL-9912-72-Region-9]

Notice of Decision To Issue Clean Air Act PSD Permit for Sierra
Pacific Industries-Anderson Division

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final agency action.

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SUMMARY: This notice announces that the Environmental Protection Agency
(EPA) Region 9 issued a final permit decision for a Clean Air Act
Prevention of Significant Deterioration (PSD) permit to Sierra Pacific
Industries for the Sierra Pacific Industries-Anderson Division (SPI-
Anderson) facility.

DATES: EPA Region 9 issued a final PSD permit decision for the SPI-
Anderson facility April 25, 2014. The PSD permit is effective on June
6, 2014. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C.
7607(b)(1), judicial review of this final permit decision, to the
extent it is available, may be sought by filing a petition for review
in the United States Court of Appeals for the Ninth Circuit within 60
days of June 23, 2014.

ADDRESSES: Documents relevant to the above-referenced permit are
available for public inspection during normal business hours at the
following address: U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, CA 94105-3901. To arrange for viewing
of these documents, call Shaheerah Kelly at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, Permits Office (Air-
3), U.S. Environmental Protection Agency, Region 9,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Key portions of the administrative record for
this decision (including the final permit, all public comments, EPA's
responses to the public comments, and additional supporting
information) are available through a link at Region 9's Web site,
www.epa.gov/region09/air/permit/r9-permits-issued.html#psd, or at
www.regulations.gov (Docket ID EPA-R09-OAR-2011-0978). Anyone
who wishes to review the EPA Environmental Appeals Board (EAB or Board)
decision described below or documents in the EAB's electronic docket
for its decision related to this matter can obtain them at http://www.epa.gov/eab/.
    Notice Of Final Action And Supplementary Information: On April 25,
2014, EPA Region 9 issued its final permit decision (PSD Permit No. SAC
12-01) to SPI authorizing the construction and operation of a new 31
megawatt biomass and natural gas-fired cogeneration unit and auxiliary
equipment at the SPI-Anderson facility in Anderson, California. EPA
Region 9 had issued a previous decision regarding this project, on
February 19, 2013. After petitions for review of that decision were
filed with the EAB, the Board remanded the permit to EPA Region 9 in
part and directed EPA Region 9 to reopen the permit proceedings to hold
a public hearing, issue a final permit decision and respond to any new
comments received during the hearing. See, In re Sierra Pacific
Industries (Anderson Processing Facility), PSD Appeal Nos. 13-01 to 13-
04, slip op. at 67 (EAB July 18, 2013). The EAB denied review of all
other issues.
    Following these events, we revised the PSD permit by including GHG
emission limits and related requirements, as requested by SPI.
Following the U.S. Court of Appeals for the District of Columbia
vacatur of EPA's deferral of biogenic carbon dioxide emissions from PSD
requirements, see, Ctr. for Biological Diversity v. EPA, 722 F.3d 401
(D.C. Cir. 2013), in August 2013, SPI-Anderson submitted to EPA a
supplemental PSD application for GHG emissions. EPA Region 9 revised
the PSD permit to include GHG emission limits and related requirements;
we also revised certain other conditions (primarily related to
monitoring, performance testing, and recordkeeping) to address minor
technical issues we had identified since February 2013. We provided
notice of public comment of the proposed PSD permit and a public

hearing per 40 CFR 124 on November 8, 2013. In response to the EAB
remand, we held a public hearing on December 10, 2013. We accepted
public comments on the proposed PSD permit from November 8, 2013 until
January 10, 2014.
    On April 25, 2014, we issued the final PSD permit, our responses to
public comments, and other key documents relevant to the final PSD
permit in accordance with 40 CFR 52.21 and 40 CFR part 124. In our
correspondence and notifications regarding the final PSD permit, we
stated that the final permit decision will become effective 30 days
after the service of notice of the decision unless our decision is
appealed to the EAB pursuant to 40 CFR 124.19. Three petitions were
submitted to the EAB. On June 5, 2014, the EAB dismissed these
petitions for review of the final PSD permit decision for lack of
jurisdiction.
    EPA Region 9 has completed the remand proceedings in response to
the EAB's Order, pursuant to 40 CFR 124.19(l)(2), and is issuing the
final permit decision granting PSD Permit No. SAC 12-01 to SPI for the
SPI-Anderson facility. All conditions of the PSD permit issued on April
25, 2014 are final and effective on June 6, 2014.

    Dated: June 9, 2014.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2014-14596 Filed 6-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 6, 2005 (Volume 70, Number 233)]
[Notices]
[Page 72684-72686]
[DOCID:fr06de05-73]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52856; File No. SR-ISE-2005-46]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing of Proposed Rule Change Relating to the
Operation of Primary Market Maker Memberships

November 30, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 27, 2005, the International Securities Exchange, Inc.
(``ISE'' 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 prepared by ISE. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 amend its rules to raise from two to three
the number of Primary Market Maker (``PMM'') memberships an ISE member
may operate.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in [brackets].
* * * * *
Rule 303. Approval to Operate Multiple Memberships
    (a) An applicant to become a Member or an approved Member may seek
approval to exercise trading privileges associated with more than one
Membership in the form and manner prescribed by the Exchange.
    (b) An applicant or approved Member will be denied approval with
respect to a particular Membership if (together with any of its
affiliates) approval would result in the applicant or approved Member
being approved to exercise the trading privileges associated with more
than one (1) Primary Market Maker Membership or more than ten (10)
Competitive Market Maker Memberships. This requirement may be waived by
the Board for good cause shown, but in no event shall the Board waive
this requirement if such waiver would result in the applicant or
approved Member (together with any of its affiliates) being approved to
exercise trading privileges associated with more than 30% [20%] of the
outstanding Primary Market Maker Memberships or more than 20% of the
outstanding Competitive Market Maker Memberships.
Supplementary Material to Rule 303
    .01 When making its determination whether good cause has been shown
to waive the limitations contained in Rule 303(b), the Board will
consider whether an operational, business or regulatory need to exceed
the limits has been demonstrated. In those cases where such a need is
demonstrated, the Board also will consider any operational, business or
regulatory concerns that might be raised if such a waiver were granted.
The Board only will waive such limitations when, in its judgment, such
action is in the best interest of the Exchange.
    .02 In approving any Primary Market Maker to exercise the trading
privileges associated with more than 20% of the outstanding Primary
Market Maker Memberships, the Board will not approve any arrangement in
which such Primary Market Maker would gain ownership or voting rights
in excess of those permitted under the Exchange's Certificate of
Incorporation or Constitution.
* * * * *

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to increase the number of
PMM memberships that an ISE member may operate from two to three.\3\ A
PMM membership manifests itself as a share of ISE Class B Common Stock,
Series B-1, of which there are 10 shares authorized and outstanding.
ISE's Certificate of Incorporation (``Certificate'') currently
prohibits a member from owning (or voting the shares representing) more
than 20 percent of the class of any ISE stock, thus limiting any one
person from owning more than two PMM memberships.\4\ Similarly, ISE's
rules prohibit a member from operating more than 20 percent of a class
of market maker memberships.\5\ The result is that no one person can
own, vote or operate more than two PMMs.
---------------------------------------------------------------------------

    \3\ A PMM serves a function similar to that of a specialist on
other exchanges. Among other things, a PMM must provide continuous
quotations in all assigned options classes and must address customer
orders when another exchange is displaying a better price. See ISE
Rule 803(c).
    \4\ See Sections III(a)(ii) and (b) of ISE's Certificate.
    \5\ See ISE Rule 303(b).
---------------------------------------------------------------------------

    Due to the continued concentration and specialization in the
options market making community, ISE is proposing to raise the limit on
the number of PMMs one firm can operate from two to three. ISE believes
this change is part of the natural evolution of the markets.
Specifically, as competition inside and between exchanges increases,
there continues to be consolidation and contraction of market makers.
ISE believes that this evolution will result in a smaller number of
strong, competitive market makers that will provide the Exchange with
excellent market making capabilities. ISE believes that this is similar
to the concentration of specialist units on the major equity exchanges,
such as the New York Stock Exchange (``NYSE''), where there currently
are only seven specialist units, down from over three dozen.\6\
---------------------------------------------------------------------------

    \6\ As of December 31, 1992 there were 40 specialist firms on
the NYSE; as recently as December 31, 1997 there were 37 specialist
firms. See Shawn A. Corwin, Specialist Portfolios, Specialist
Performances, and New Listing Allocations on the NYSE 7-8
(University of Georgia, Working Paper, 1999).

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

    The Exchange is concerned that, as the number of strong market
makers decreases, there may not be a sufficient number of members
qualified to be PMMs if it retains the current two-PMM limit. ISE
currently has seven PMMs operating the 10 PMM memberships, with three
PMMs operating two such memberships and four PMMs operating one. While
there is a constant entry and exit into options market making, ISE
believes that if there is further contraction in the market making
community, the Exchange may find itself with an insufficient number of
PMMs to cover all ten memberships.
    In addition, the options markets are highly competitive, and each
exchange actively seeks to attract order flow by disseminating tight
and liquid markets and by providing a high level of customer
satisfaction. Ensuring that the Exchange has high quality PMMs is
critical in this competitive battle. By limiting a member to operating
two PMM memberships, the Exchange believes it could be forced to
approve the operation of a PMM by a weaker member while a stronger PMM
operating two such memberships also would be willing to operate such
membership.
    The Exchange recognizes that increasing the number of PMM
memberships a member can operate could raise issues regarding
concentration of market making expertise. In this regard, the proposal
is only for an enabling rule. The ISE Board would need to approve any
member application to operate three PMMs and would need to find ``good
cause'' to do so. Thus, the Board will need to weigh each potential
application on its own merits, balancing the potential benefits of
allowing a member to operate three PMM memberships against any
potential concentration concerns.
    This proposed rule change would not amend the current prohibitions
in the Certificate against a member owning or voting more than two such
memberships. Thus, the only way a member could operate a third PMM
membership would be to lease such membership, with the lease providing
that the lessor retains all voting rights.\7\ The proposed
Supplementary Material .02 to Rule 303 makes this point clear. However,
the Exchange believes it may be appropriate to permit a member to own
and vote three PMM memberships. Thus, upon approval of this proposed
rule change, the ISE Board would consider an additional proposed change
to the Certificate regarding ownership and voting limitations. If the
ISE Board approves such a change the Exchange would need to seek
stockholder approval of that change before submitting it to the
Commission for its consideration.
---------------------------------------------------------------------------

    \7\ ISE has confirmed that (i) it will not approve any leasing
arrangements under this proposed rule change unless the lessor/owner
retains all voting rights and (ii) the voting limitations contained
in the Certificate supersede any of the lessor/owner's rights to
transfer voting rights. Telephone call between Nancy Sanow,
Assistant Director, Commission; Leah Mesfin, Special Counsel,
Commission; Rahman Harrison, Attorney, Commission; and Michael
Simon, General Counsel and Secretary, ISE on November 18, 2005.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \9\ in particular, in that it
is designed to promote just and equitable principles of trade and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. In particular, the proposed rule
change would provide the Exchange with greater flexibility in ensuring
that strong PMMs operate on ISE.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which ISE consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2005-46 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-ISE-2005-46. 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 the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-ISE-2005-46 and should be submitted on or before
December 27, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-6887 Filed 12-5-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6283-6284]
[FR Doc No: 2023-01964]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0435]

Surveying, Leveling, and Alignment Laser Products; Guidance for
Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Surveying, Leveling,
and Alignment Laser Products.'' This guidance is intended for
manufacturers of laser products and outlines FDA's approach regarding
the applicability of FDA's performance standard regulations to
surveying, leveling, and alignment (SLA) laser products.

DATES: The announcement of the guidance is published in the Federal
Register on January 31, 2023.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

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-2014-D-0435 for ``Surveying, Leveling, and Alignment Laser
Products.'' Received comments 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 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>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Surveying, Leveling, and Alignment Laser Products'' to the Office of
Policy, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Dina Jerebitski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 3574, Silver Spring, MD 20993-0002, 301-
796-2411.

SUPPLEMENTARY INFORMATION:

I. Background

    This guidance is intended for manufacturers of laser products and
outlines FDA's approach regarding the applicability of FDA's
performance standard regulations to surveying, leveling, and alignment
(SLA) laser products.
    A notice of availability of the draft guidance appeared in the
Federal Register of May 5, 2014 (79 FR 25597). FDA considered comments
received and revised the guidance as appropriate in response to the
comments, including requests for clarification regarding which laser
products are considered SLA laser products and including additional
questions and answers regarding SLA laser class limits.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on surveying, leveling, and alignment laser
products. It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov or https://www.fda.gov/regulatory-information/search-fda-guidance-documents. Persons unable to
download an electronic copy of ``Surveying, Leveling, and Alignment
Laser Products'' may send an email request to [email protected]
to receive an electronic copy of the document. Please use the document
number 1764 and complete title to identify the guidance you are
requesting.

III. Paperwork Reduction Act of 1995

    While this guidance contains no new collection of information, it
does refer to previously approved FDA collections of information.
Therefore, clearance by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in the following FDA regulations, guidance, and forms
have been approved by OMB as listed in the following table:

------------------------------------------------------------------------
 21 CFR part, guidance, or FDA
              form                       Topic          OMB control No.
------------------------------------------------------------------------
1002 through 1050..............  Reporting and                 0910-0025
                                  Recordkeeping for
                                  Electronic
                                  Products--General
                                  Requirements.
------------------------------------------------------------------------

    Dated: January 26, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-01964 Filed 1-30-23; 8:45 am]
BILLING CODE 4164-01-P