			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, DC

Issued by the Department of Transportation on November 7, 2002

NOTICE OF ACTION TAKEN --DOCKET OST-2002-11985

__________________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of Atlas Air, Inc.  filed 11/04/02 for:

XX  Waiver of the dormancy condition applicable to certain of its
US-Brazil all-cargo frequencies.

Atlas requests a three-month extension through February 9, 2003, of its
current waiver of the 90-day dormancy condition applicable to two of its
ten US-Brazil all-cargo frequencies.  By Notice of Action Taken, dated
September 24, 2002, in this docket, the Department granted Atlas a
dormancy waiver for four of its ten US-Brazil frequencies through
November 9, 2002.  In support of its further waiver request for two of
its ten frequencies, Atlas states that it seeks additional time to
respond to economic circumstances and operate the full ten frequencies.

Applicant rep:  Russell E. Pommer,<PHONE_NUMBER>      DOT analyst:
Michael D. Bodman<PHONE_NUMBER>

DISPOSITION

XX  Granted. (See below).

The above action was effective when taken: November 7, 2002, through
February 9, 2003.

Action taken by:  Paul L. Gretch, Director

		    Office of International Aviation

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, limitations indicated:  XX Holder’s certificate
of public convenience and necessity

________________________________________________________________________
____________

Remarks:  We acted on this application prior to the expiration date for
answers with the consent of all parties served.

As we have previously done, we reserve the right to reexamine whether
grant of this waiver continues to be in the public interest should
another carrier seek to use the frequencies at issue.  Any future
request to extend the dormancy waiver for these frequencies at issue
here will have to be considered in light of the specific arguments
offered and responses thereto.

________________________________________________________________________
____________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the action taken in
this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Atlas’ waiver from the dormancy condition is effective through
February 9, 2003.   As to any frequency with which Atlas does not begin
service by February 9, 2003, its allocation with respect to that
frequency will expire automatically.


[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Page 62165]
[FR Doc No: 2021-24476]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM21-17-000]

Building for the Future Through Electric Regional Transmission
Planning and Cost Allocation and Generator Interconnection;
Supplemental Notice of Technical Conference

    As first announced in the Notice of Technical Conference issued in
this proceeding on September 16, 2021, the Federal Energy Regulatory
Commission (Commission) will convene a staff-led technical conference
in the above-referenced proceeding on Monday, November 15, 2021, from
10:00 a.m. to 4:30 p.m. Eastern Time. The conference will be held
electronically. Attached to this Supplemental Notice is an agenda for
the technical conference.
    Discussions at the conference may involve issues raised in
proceedings that are currently pending before the Commission. These
proceedings include, but are not limited to:

------------------------------------------------------------------------
                                                     Docket Nos.
------------------------------------------------------------------------
Duke Energy Florida v. Florida Power and     EL21-93-000
 Light, et al.
NYISO......................................  ER21-1647-002, EL21-66-001
Neptune Regional Transmission System, LLC    ER21-39-000
 and Long Island Power Authority v. PJM.
PPL Electric Utilities Corporation & PJM     ER21-2282-001
 Interconnection, LLC.
SOO Green HVDC Link Project Co, LLC v. PJM   EL21-85-000
 Interconnection, LLC.
California Independent System Operator       ER21-2530-000
 Corporation.
NECEC Transmission LLC and Avangrid, Inc.    EL21-6-000
 v. NextEra Energy Resources, LLC.
ISO New England Inc........................  EL21-94-000
------------------------------------------------------------------------

    The conference will be open for the public to attend
electronically. There is no fee for attendance. Registration for the
conference is not required. Information on this technical conference,
including a link to the webcast, will be posted on the conference's
event page on the Commission's website, https://www.ferc.gov/news-events/events/technical-conference-building-future-through-electric-regional-transmission, prior to the event.
    The conference will be transcribed. Transcripts of the conference
will be available for a fee from Ace-Federal Reporters, Inc. (202) 347-
3700.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact:

David Tobenkin (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER>, [email protected]
Lina Naik (Legal Information), Office of General Counsel, (202) 502-
8882, [email protected]
Sarah McKinley (Logistical Information), Office of External Affairs,
(202) 502-8004, [email protected]

    Dated: November 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24476 Filed 11-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46746-46747]
[FR Doc No: 2016-16854]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78294; File No. SR-C2-2016-005]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Order Approving a Proposed Rule Change Relating to Senior Management
Authority

July 12, 2016.

I. Introduction

    On May 23, 2016, C2 Options Exchange, Incorporated (``C2'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend its Bylaws and Rules with respect to
delegations of certain authorities to senior management. The proposed
rule change was published for comment in the Federal Register on June
7, 2016.\3\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77961 (June 1,
2016), 81 FR 36639 (June 7, 2016) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change \4\
---------------------------------------------------------------------------

    \4\ A more detailed description of the proposed rule change
appears in the Notice. See id.
---------------------------------------------------------------------------

    The Exchange proposes to updates references to senior management
contained in its Bylaws and Rules to more accurately reflect roles and
responsibilities within its current senior management structure. The
Exchange notes that historically the C2 Chairman of the Board also held
the title of Chief Executive Officer (``CEO''). Currently, however, the
titles of Chairman of Board, CEO, and President are held by three
different individuals. As such, the Exchange proposes to amend its
rules relating to authorities delegated to senior management to more
accurately reflect the current senior management structure.

A. Reference to Office of the Chairman

    First, the Exchange proposes to eliminate the reference to the
Office of the Chairman in Section 6.1 (Advisory Board) of the
Exchange's Bylaws and replace it with a reference to ``management.''
\5\ Section 6.1 currently provides that the Board will establish an
Advisory Board which shall advise the Board and the Office of the
Chairman regarding matters of interest to Trading Permit Holders
(``TPHs''). The Exchange notes that the Advisory Board's Charter
provides that the Advisory Board shall advise the Board and
``management'' regarding matters of interest to TPHs.\6\ In order to
conform the language in Section 6.1 to the Advisory Board Charter, the
Exchange proposes to replace the reference to the Office of the
Chairman with management.\7\
---------------------------------------------------------------------------

    \5\ See id.
    \6\ See id.
    \7\ See id. Additionally, the title of the Bylaws will be
changed to Fifth Amended and Restated Bylaws of C2. See id.

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

B. Title of Chapter 16 in the C2 Rule's Table of Contents

    Second, the Exchange proposes to amend the title of Chapter 16 in
the C2 Rule's Table of Contents.\8\ Currently, the title of Chapter 16
is ``Summary Suspension by Chairman of the Board or Vice Chairman of
the Board.'' The Exchange notes that rules contained within CBOE
Chapter XVI are incorporated into C2's Chapter 16.\9\ CBOE Chapter XVI
currently provides that the Chairman of the Board or President may
summarily suspend a TPH and limit or prohibit any person with respect
to access to services offered by the Exchange.\10\ The Exchange notes
however, that CBOE is concurrently proposing to amend its rules to
provide that the CEO (rather than Chairman) or President may summarily
suspend a TPH.\11\ Additionally, the Exchange notes that it no longer
maintains the role of Vice Chairman of the Board.\12\ As such, the
Exchange proposes to amend the Chapter 16 title to simply state
``Summary Suspension'' to avoid confusion and maintain clarity in the
rules.
---------------------------------------------------------------------------

    \8\ See id.
    \9\ See id.
    \10\ See CBOE Rule 16.1.
    \11\ See Securities Exchange Act Release No. 77962 (June 1,
2016), 81 FR 36641 (June 7, 2016) (SR-CBOE-2016-047).
    \12\ See Notice, supra note 3, at 36640.
---------------------------------------------------------------------------

C. References to Chairman of the Board

    Last, the Exchange proposes to amend Rule 6.33 (Authority to Take
Action Under Emergency Conditions) to eliminate the reference to
``Chairman of the Board'' and replace it with ``Chief Executive
Officer.'' Rule 6.33 currently provides that the Chairman of the Board,
the President, or such other person or persons as may be designated by
the Board shall have the power to halt or suspend trading in some or
all securities traded on the Exchange, to close some or all Exchange
facilities, to determine the duration of any such halt, suspension or
closing, to take one or more of the actions permitted to be taken by
any person or body of the Exchange under Exchange rules, or to take any
other action deemed to be necessary or appropriate for the maintenance
of a fair and orderly market or the protection of investors, or
otherwise in the public interest, due to emergency conditions or
extraordinary circumstances. The Exchange notes that the CEO's
responsibility is that of general charge and supervision of the
business of the Corporation,\13\ whereas the Chairman of the Board's
responsibility is that of the presiding officer at all meetings of the
Board and stockholders, as well as of other powers and duties as are
delegated by the Board.\14\ The Exchange believes the responsibilities
currently delegated to the Chairman of the Board under Rule 6.33
pertain to the general charge and supervision of the Exchange's
business and therefore fall within the scope of the CEO's stated
responsibilities, instead of the Chairman's.
---------------------------------------------------------------------------

    \13\ See Section 5.2 of the C2 Bylaws.
    \14\ See Section 3.6 of the C2 Bylaws.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\15\ Specifically, the Commission believes the proposed rule change
is consistent with the Section 6(b)(5) \16\ requirements that the rules
of an exchange 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Commission believes the proposed rule changes
will remove impediments to, and perfect the mechanism of a free and
open market and a national market system, and, in general, will protect
investors and the public interest by updating the delegation of
authority to senior management under certain of the Exchange's Rules,
which should facilitate the Exchange's ability to operate and carry out
its self-regulatory responsibilities. In particular, the proposed rule
changes to eliminate the reference to the Office of the Chairman and
replace it with a reference to management in Section 6.1 of the
Exchange's Bylaws will alleviate confusion regarding the
responsibilities of the Advisory Board. The Exchange notes that the
Advisory Board's Charter provides that the Advisory Board shall advise
the Board and ``management'' regarding matters of interest to TPHs.\17\
Replacing the term Office of the Chairman with the term management will
ensure that the Exchange's Bylaws conform to the Advisory Board
Charter, thereby reducing uncertainty about the responsibilities of the
Advisory Board.
---------------------------------------------------------------------------

    \17\ See Notice, supra note 3, at 36639.
---------------------------------------------------------------------------

    The Exchange's proposal to rename the title of Chapter 16 will
alleviate confusion as that Chapter incorporates by reference CBOE's
Chapter XVI rules that are subject to a proposed rule change to remove
references to the Chairman of the Board and replace them with CEO.
Moreover, the proposed rule change will eliminate a reference to the
Vice Chairman, a title that C2 no longer uses.
    Finally, the Exchange's proposal to amend Rule 6.33 to replace the
references to the Chairman of the Board with the CEO should update and
clarify which Exchange official is vested with the authorities
established in that rule. The Exchange represents that while
historically the Chairman of the Board also held the title of CEO,
currently, the two titles are held by different individuals.\18\ The
Exchange Bylaws confer different responsibilities on the Chairman of
the Board and the CEO.\19\ The proposed rule change will ensure that
the authority delegated pursuant to Rule 6.33 is consistent with the
roles and responsibilities established in the Bylaws.
---------------------------------------------------------------------------

    \18\ See id.
    \19\ See id. at 36640.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-C2-2016-005) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16854 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 58026-58027]
[DOCID:fr02oc06-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54500; File No. SR-NASDAQ-2006-025]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Regarding Fees for the New Nasdaq
Workstation and Weblink ACT

September 25, 2006.
    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 August 1, 2006, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. Nasdaq amended the proposed rule change
on September 20, 2006.\3\ Pursuant to Section 19(b)(3)(A)(ii) of the
Act \4\ and Rule 19b-4(f)(2) \5\ thereunder, Nasdaq has designated the
proposed rule change as establishing or changing a member due, fee, or
other charge, which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1. The effective date of the original
proposed rule change is August 1, 2006 and the effective date of the
amendment is September 20, 2006. For purposes of calculating the 60-
day abrogation period, the Commission considers the period to have
commenced on September 20, 2006, the date Nasdaq filed Amendment No.
1. See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    Nasdaq proposes to modify fees for the New Nasdaq Workstation
(``NNW'') and Weblink ACT. Nasdaq will implement the proposed rule
change on August 1, 2006. The text of the proposed rule change is
available at the Commission's Public Reference Room, at Nasdaq, and at
http://www.nasdaq.com.\6\

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

    \6\ Changes to the proposed rule text are marked to the rule
text thatappears in the electronic Nasdaq Manual found at
http://www.complinet.com/nasd.com as further amended on an immediately

effective basis by SR-NASDAQ-2006-024. Because the Nasdaq
Workstation and Weblink ACT are also used with respect to the
quotation, execution, and trade reporting systems operated by The
Nasdaq Stock Market, Inc. (``Nasdaq Inc.'') with respect to non-
Nasdaq securities, Nasdaq Inc. is also filing these proposed rule
changes as a modification to NASD Rule 7010(f). See SR-NASD-2006-
094.
---------------------------------------------------------------------------

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq is amending Rule 7015 to change fees associated with its
web-based New Nasdaq Workstation (``NNW'') and Weblink ACT products.
Since the NNW's inception as a replacement for the Nasdaq Workstation
II (``NWII'') last year, the fee for the NNW has been $435 per user per
month, plus $90 per month for data feeds included with the NNW, for a
total cost of $525 per user per month. Nasdaq is now reducing the fee
to $475 per user per month, including the cost of the data feeds
provided with the NNW. The change is designed to enhance the
competitiveness of the NNW in contrast to front-end applications
provided by broker-dealers and service bureaus, and, as discussed
below, also reflects decreasing demand for the product.
    Weblink ACT, also referred to as Nasdaq Workstation Post Trade, is
a Web-based application used for

submission of trade reports. As such, as Nasdaq begins to operate as a
national securities exchange, Weblink ACT provides basic front-end
access to the Trade Reporting Facility (``TRF'') operated by Nasdaq and
the National Association of Securities Dealers, Inc. (``NASD''),\7\ as
well as access to ACT functionality still offered by Nasdaq Inc. under
authority delegated by NASD.
---------------------------------------------------------------------------

    \7\ Nasdaq expects that, consistent with current practice, most
NASD members seeking access to the TRF would use a proprietary
front-end system developed by the broker-dealer or a product offered
by a service bureau. Weblink ACT is designed as a basic front-end
system for low volume users.
---------------------------------------------------------------------------

    Since the introduction of NNW and Weblink ACT, a number of former
NWII users have opted to move to Weblink ACT rather than NNW,
reflecting a desire to use these Web-based products exclusively for
trade reporting, rather than active trading. Accordingly, Nasdaq
proposes to increase the comparatively low fees for Weblink ACT to
ensure that, as between NNW and Weblink ACT, fees are allocated
appropriately to allow recovery of Nasdaq's costs. Specifically, the
current $150 fee for Weblink ACT users that report a daily average of
20 or fewer trades during a month is being raised to $200, while the
$300 fee for higher volume users is being increased to $375.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(4) of the Act,\9\ in particular, in that the proposed rule change
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which Nasdaq operates or controls. The proposed rule
change reflects demand patterns for NNW and Weblink ACT and is designed
to ensure that as between the products, fees are allocated
appropriately to allow recovery of Nasdaq's costs.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and Rule 19b-4(f)(2) thereunder,\11\ in
that the proposed rule change establishes or changes a member due, fee,
or other charge. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-NASDAQ-2006-025 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2006-025. 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 NASDAQ. 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-NASDAQ-2006-025 and should be submitted on or before
October 23, 2006.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-16115 Filed 9-29-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Page 60375]
[FR Doc No: 2015-25389]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9842-006]

Mr. Ray F. Ward; Notice of Application Ready for Environmental
Analysis and Soliciting Comments, Recommendations, Terms and
Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor New License.
    b. Project No.: 9842-006.
    c. Date filed: August 28, 2014.
    d. Applicant: Mr. Ray F. Ward.
    e. Name of Project: Ward Mill Hydroelectric Project.
    f. Location: On the Watauga River, in the Township of Laurel Creek,
Watauga County, North Carolina. The project does not occupy lands of
the United States.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Andrew C. Givens, Cardinal Energy Service,
Inc., 620 N. West St., Suite 103, Raleigh, North Carolina 27603, (919)
834-0909.
    i. FERC Contact: Adam Peer<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-9842-006.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted, and is ready for
environmental analysis at this time.
    l. The Ward Mill Project consists of: (1) A 4.6 acre reservoir with
an estimated gross storage capacity of 16.3 acre-feet; (2) a 130-foot-
long by 20-foot-high dam; (3) a 14-footlong, 5-foot-wide, and 7.5-foot-
tall penstock made of rock, concrete and reinforced steel; (4) a
powerhouse containing two generating units for a total installed
capacity of 168 kilowatts; (5) interconnection with the utility at the
meter point on the southwest, exterior wall of the powerhouse; and (6)
appurtenant facilities. The project is estimated to generate from about
290,000 to about 599,000 kilowatt-hours annually. The dam and existing
facilities are owned by the applicant. No new project facilities are
proposed.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must (1) bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies should indicate which
recommendations are being submitted pursuant to section 10(j) of the
Federal Power Act (16 U.S.C. 803(j)). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

    Dated: September 30, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-25389 Filed 10-5-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Page 41180]
[FR Doc No: 2012-16958]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2074-002; ER10-2097-004.
    Applicants: Kansas City Power & Light Company, KCP&L Greater
Missouri Operations Company.
    Description: Kansas City Power and Light Company and KCP&L Greater
Missouri Operations Company submits their Triennial Market Power Update
for the Southwest Power Pool Region pursuant to Order No. 697.
    Filed Date: 6/28/12.
    Accession Number: 20120702-0004.
    Comments Due: 5 p.m. ET 8/27/12.

    Docket Numbers: ER10-2172-010; ER11-2016-005; ER10-2184-010; ER10-
2183-007; ER10-1048-007; ER10-2176-011; ER10-2192-010; ER11-2056-004;
ER10-2178-010; ER10-2174-010; ER11-2014-007; ER11-2013-007; ER10-3308-
009; ER10-1017-006; ER10-1020-006; ER10-1145-006; ER10-1144-005; ER10-
1078-006; ER10-1079-006; ER10-1080-006; ER11-2010-007; ER10-1081-006;
ER10-2180-010; ER11-2011-006; ER11-2009-006; ER11-3989-005; ER10-1143-
006; ER11-2780-003; ER11-2007-005; ER12-1223-004; ER11-2005-007.
    Applicants: Baltimore Gas and Electric Company, Cassia Gulch Wind
Park LLC, CER Generation, LLC, CER Generation II, LLC Commonwealth
Edison Company, Constellation Energy Commodities Group, Inc.,
Constellation Energy Commodities Group Maine, LLC, Constellation Mystic
Power, LLC, Constellation NewEnergy, Inc., Constellation Power Source
Generation, Inc., Cow Branch Wind Power, L.L.C., CR Clearing, LLC,
Criterion Power Partners, LLC, Exelon Energy Company, Exelon Framingham
LLC, Exelon Generation Company, LLC, Exelon New Boston, LLC, Exelon New
England Power Marketing, LP, Exelon West Medway, LLC, Exelon Wind 4,
LLC, Exelon Wyman, LLC Handsome Lake Energy, LLC, Harvest Windfarm,
LLC, Michigan Wind 1, LLC, Michigan Wind 2, LLC, PECO Energy Company,
Safe Harbor Water Power Corporation, Tuana Springs Energy, LLC, Wildcat
Wind, LLC, Wind Capital Holdings, LLC.
    Description: Notice of Non-Material Change in Status of Exelon MBR
Entities.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5297.
    Comments Due: 5 p.m. ET 7/20/12.

    Docket Numbers: ER12-1989-001.
    Applicants: SunPower Corporation, Systems.
    Description: SunPower Corporation, Systems submits tariff filing
per 35.17(b): SunPower Corporation, Systems MBR Filing to be effective
7/7/2012.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5080.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2195-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii) FTR Annual and Monthly Auction Changes--Part 1 of 2 to
be effective 10/1/2011.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5073.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2195-001.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.17(b): Amendment to FTR Annual and Monthly Changes--Part 1 of 2 to
be effective 10/1/2012.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5113.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2196-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii) Cancellation Submission of 1522R1 Kansas City Power &
Light Co. LGIA to be effective 6/5/2012.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5093.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2197-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per
35.13(a)(2)(iii) KEPCo, Revs to Attachment A--Delivery Points (09/01/
12) to be effective 9/1/2012.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5115.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2198-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination for
Conservation Services Group.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5119.
    Comments Due: 5 p.m. ET 7/24/12.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 3, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-16958 Filed 7-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37333-37334]
[FR Doc No: 2022-13294]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0510; FRL-9949-01-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed consent decree in Our Children's
Earth Foundation v. Regan, No. 3:22-cv-00695-WHA (N.D. CA). On February
2, 2022, Plaintiff Our Children's Earth Foundation filed a complaint in
the United States District Court for the Northern District of
California alleging that the Environmental Protection Agency (EPA or
the Agency) failed to perform certain non-discretionary duties in
accordance with the Act to take action on several Nevada SIP submittals
by the required deadlines. The proposed consent decree would establish
deadlines for EPA to take specified actions.

DATES: Written comments on the proposed consent decree must be received
by July 22, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0510, online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Emily Seidman, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone<PHONE_NUMBER>; email address [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0510) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    The electronic version of the public docket for this action
contains a copy of the proposed consent decree and is available through
https://www.regulations.gov. You may use https://www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and access those documents in
the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.''

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by Our
Children's Earth Foundation seeking to compel the Agency to approve,
disapprove, or conditionally approve, in whole or in part, several
Nevada SIP submittals by the required deadlines. Specifically, the
proposed consent decree would require that the appropriate EPA official
or officials sign a notice or notices of final rule for publication in
the Federal Register to approve, disapprove, conditionally approve, or
approve in part and conditionally approve in part: by February 28,
2023, the Nevada Infrastructure SIP for 2012 p.m. 2.5 submittal and the
PM Revised Air Quality Standards and Definitions submittal; and by
April 1, 2023, seven submittals revising the Clark County Air Quality
Regulations portion of the Nevada SIP and the non-transport provisions
of the Nevada 2015 Ozone i-SIP submittal.
    On April 21, 2022 and May 19, 2022, final rules were published in
the Federal Register approving in full, eight Nevada submittals
revising the Clark County Air Quality Regulations portion

of the SIP, and Plaintiff's claims are therefore moot as to those
submittals.
    In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
the Agency will accept written comments relating to the proposed
consent decree. EPA or the Department of Justice may withdraw or
withhold consent to the proposed consent decree if the comments
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0510, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
    Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2022-13294 Filed 6-21-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14276-14278]
[FR Doc No: 2023-04504]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0158; FRL-10541-02-R4]

Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen
Oxides SIP Call Alternative Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a revision to the Tennessee State Implementation Plan (SIP)
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), through a letter dated August
11, 2021. This revision establishes alternative monitoring,
recordkeeping, and reporting requirements under the Nitrogen Oxides
(NOX) SIP Call. EPA is approving these changes pursuant to
the Clean Air Act (CAA or Act).

DATES: This rule is effective April 7, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0158. All documents in the docket
are listed on the 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 protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Eastman Chemical Company (Eastman) petitioned TDEC to adopt revised
permit conditions applicable to its Kingsport, Tennessee facility with
an alternative monitoring option for this large non-EGU, along with
corresponding revised recordkeeping and reporting conditions. This
petition resulted in the issuance of the permit for Eastman included as
part of TDEC's SIP submittal. The changes allow Eastman to address the
NOX SIP Call's requirements for enforceable limits on ozone
season NOX mass emissions through alternative monitoring and
reporting methodologies. The August 11, 2021, source-specific SIP
revision submitted by TDEC contains the permit provisions that TDEC
modified to specifically address the alternative monitoring provisions
allowed under the NOX SIP Call and requests conditional
approval of those provisions into the SIP.
    Through a notice of proposed rulemaking (NPRM), published on
January 11, 2023 (88 FR 1533), EPA proposed to conditionally approve
into Tennessee's SIP Tennessee Air Pollution Control Board operating
permit No. 077509 for Eastman, state effective on August 11, 2021, to
provide alternative NOX monitoring and reporting for Natural
Gas-Fired Boilers 25-29 (PES B-253-1) at this facility in accordance
with 40 CFR 51.121(i). TDEC requests that this approval be conditioned
on Tennessee's commitment to modify the provisions at Chapter 1200-03-
27.12(11) to specify allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs
subject to the NOX SIP Call, such as the alternative
monitoring and reporting provisions in permit No. 077509. The details
of Tennessee's submission, as well as the background and EPA's
rationale for conditionally approving the changes, are described in
more detail in the January 11, 2023, NPRM. Comments on the January 11,
2023, NPRM were due on or before February 10, 2023.

II. Response to Comments

    EPA received three sets of supportive comments on the NPRM and one
set of adverse comments, all from members of the general public.\1\ EPA
summarizes

and responds to the set of adverse comments below.
---------------------------------------------------------------------------

    \1\ The comment ``in support of the EPA approving [the] TN Air
Pollution Control Board, for the Eastman Chemical Company,'' is
unclear and may be based on a misunderstanding regarding the nature
of this rulemaking. To clarify, EPA is not approving the Tennessee
Air Pollution Control Board. EPA is conditionally approving a permit
issued to Eastman by the Tennessee Air Pollution Control Board into
Tennessee's SIP.
---------------------------------------------------------------------------

    Comment: The commenter claims that the State's proposal regarding
alternative monitoring and reporting requirements is ``vague'' and
``harmful'' and would set a ``dangerous precedent'' by establishing
``conditions beneath already lax federal regulations'' that would
enable states and industry to ``seek a carve-out for a particular law
instead of complying with rules designed to provoke compliance with
good neighbor provisions.'' According to the commenter, this approach
would allow the establishment of standards ``that could not register a
problem if it occurred or give the company permission to develop lax,
uninformed, and purposefully negligent reporting and monitoring
requirements.''
    Response: EPA disagrees with the commenter. As discussed in the
January 11, 2023, NPRM, EPA revised its NOX SIP Call rules
at 40 CFR 51.121 in 2019 to make Part 75 monitoring, recordkeeping, and
reporting optional for subject sources, such that a SIP may establish
alternative monitoring for NOX SIP Call budget units if the
SIP containing the alternative meets the general requirements of 40 CFR
51.121(f)(1) and (i)(1). These general requirements ensure that
alternative monitoring is sufficient to determine whether sources are
in compliance with the NOX SIP Call budgets. Tennessee
utilized this flexibility in modifying Eastman's air permit to allow
for alternative monitoring and in submitting that permit to EPA for
incorporation into its SIP. The permit conditions contain clear and
specific alternative monitoring provisions that EPA described in detail
in the NPRM, and the SIP revision containing those provisions satisfies
40 CFR 51.121. More specifically, the level of detail and monitoring
rigor required by 40 CFR part 75, Appendices D and E (as an alternative
to the methodologies in 40 CFR 75.12 and 40 CFR 75.17) are adequate to
ensure that Eastman is in compliance with its source-specific
allocation of Tennessee's NOX SIP Call budget.\2\ Compliance
with the NOX monitoring provisions within 40 CFR part 75,
Appendices D and E is required by Condition 2 of Tennessee Air
Pollution Control Board operating permit No. 077509, which is being
conditionally approved into Tennessee's SIP.
---------------------------------------------------------------------------

    \2\ Furthermore, as discussed in Section III of the NPRM,
NOX emissions from Eastman's affected units are
substantially below the facility's NOX budget, and the
work practice requirements of 40 CFR part 63, subpart DDDDD
(periodic tune-ups) provide additional assurance that the boilers
are operating properly.
---------------------------------------------------------------------------

III. 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, and as discussed in Section I of this preamble and the January
11, 2023, NPRM, EPA is finalizing the incorporation by reference of
Tennessee Air Pollution Control Board operating permit No. 077509 for
Eastman, state effective on August 11, 2021, into the Tennessee SIP.
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,
these materials have been approved by EPA for inclusion in the SIP,
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 in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is taking final action to conditionally approve Tennessee Air
Pollution Control Board operating permit No. 077509 for Eastman, state
effective August 11, 2021, for incorporation into the Tennessee SIP.
These changes were submitted by Tennessee on August 11, 2021. As
discussed in more detail in the January 11, 2023 NPRM, these changes to
Tennessee's SIP are approved subject to the condition that Tennessee
meets its commitment to submit a SIP revision modifying the provisions
of TAPCR 1200-03-27.12(11) to specify permissible non-Part 75
alternative monitoring and reporting methodologies, as allowed under 40
CFR 51.121(i)(1) and (4), by 12 months from the date of this final
approval. If the State fails to submit this revision on or before 12
months from the date of final approval of this action, the conditional
approval will become a disapproval pursuant to CAA section 110(k)(4).

V. 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
conditionally 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 May 8, 2023. 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, Reporting and
recordkeeping requirements.

    Dated: February 28, 2023.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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 RR--Tennessee

0
2. In Sec.  52.2219, add paragraph (b) to read as follows:

Sec.  52.2219  Conditional approval.

* * * * *
    (b) Tennessee submitted a source-specific SIP revision to EPA on
August 11, 2021, regarding the Eastman Chemical Company's Kingsport,
Tennessee facility, along with a commitment to modify the provisions at
Tennessee Air Pollution Control Regulation 1200-03-27.12(11) to specify
allowable non-Part 75 permissible alternative monitoring and reporting
methodologies for large industrial non-EGUs subject to the
NOX SIP Call. EPA conditionally approved the August 11,
2021, SIP revision in an action published in the Federal Register on
March 8, 2023. If Tennessee fails to meet its commitment by March 8,
2024, the conditional approval will become a disapproval on March 8,
2024.

0
3. In Sec.  52.2220, add an entry for ``Eastman Chemical Company'' at
the end of the table in paragraph (d) to read as follows:

Sec.  52.2220   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                      State
         Name of source            Permit No.    effective date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Eastman Chemical Company.......          077509       8/11/2021  3/8/2023, [Insert   Conditional approval based
                                                                  citation of         on TDEC's commitment to
                                                                  publication].       modify the provisions at
                                                                                Chapter 1200-03-27.12(11)
                                                                                to specify allowable non-
                                                                                Part 75 permissible
                                                                                alternative monitoring and
                                                                                reporting methodologies
                                                                                for large industrial non-
                                                                                EGUs subject to the NOX
                                                                                SIP Call.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-04504 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P


Could EPA better describe various options that could be considered if
emissions standards or other remedies are considered, including
incentives or other flexible mechanisms?  Consider for example that
approximately 60% of Forest Service aircraft are piston aircraft using
leaded aviation fuel, including a several floatplanes. Many of these are
firefighting aircraft that are critical to the protection of lives and
property.  A primary concern with this proposal is that many of the
aircraft that we own or operate are so old that they no longer have a
manufacturer to support engine modifications to meet any new standard or
conversions to unleaded fuel. Consequently, this burden would most
likely fall on the current owners, and could reduce the current fleet of
firefighting aircraft. Hence, the Forest Service would like the EPA and
FAA to consider alternative options or additional incentives for owners
and operators to replace piston aircraft with turbine powered aircraft.
This could result in the same benefits of reduced lead emissions without
the research and development costs of converting piston engines to
unleaded fuel.

The exposure section should have references for all relevant statements
and assertions.  The exposure section seems to use quite a few
characterizations that are not supported by referenced literature, such
as the descriptions of land use near airports (ex: “Airports are often
surrounded by …recreational sport facilities…”), “airports are
especially attractive to young children…” and “programs .. provide
outdoor observation facilities and picnic facilities for families..”.
“Personal gardens, community gardens…” etc are all
characterizations that are not referenced.  Perhaps there is a
background document EPA could cite?

In the count of schools within 1km of an airport, could EPA break out
preschools, elementary schools, middle schools, high schools and
colleges?  This is relevant because vulnerable populations are typically
very young (pre-school and elementary / grammer school).

Could EPA provide references to support the statement on p 11 and
Section VI “The data described in Section VI of this ANPR indicate
that lead levels in ambient air on and near airports servicing
piston-fired aircraft are higher than lead levels in areas not directly
influenced by a lead source”.  This statement seems to characterize
all airports relative to all other areas, and implies we have a great
deal of information about lead levels and airports and other areas.  If
so, that information should be discussed more fully as it is important
for the entire document.

We recommend that the language on p 14 in the “Background on Leaded
Aviation Gasoline” section be deleted or moved, because it describes
airports not Gasoline.  If the language is necessary, perhaps move it
into a section about airports?  (“Over 3,000 of the 20,000 airport
facilities … if this fuel was all 100LL, it would account for
approximately 34,00 tons of lead emitted into the air.”)

The draft ANPRM should try to focus on referenced materials and
published studies.  For example, “If this fuel was all 100LL, it would
account for approximately 34,00 tons of lead emitted into the air.”
EPA has other estimates, such as NEI, to represent source contribution.

Is the endangerment finding based on current conditions, or possible
forecasted conditions?  EPA mentions on p 15: “As described in III.B
of this ANPR, the is a slight growth in the activity of general aviation
aircraft projected to 2025.”  Also, on p 59, there is a section on
Projections for Future Growth.  Should readers infer that an
endangerment finding is based on forecasted conditions, not current
conditions, or is this statement irrelevant?

If forecasts are relevant and retained in the text, forecast
uncertainties should be clearly discussed and comment taken on forecast
estimates.

Could EPA provide a citation on p 60 for “…prior AQCDs for Lead.”

What flexibility does EPA have to wait to promulgate this ANPRM until
the information is available that EPA discusses?  EPA seems to be
relying on only 1 study (Santa Monica Airport) to understand emissions
of lead from piston-engine aircraft, and that study is not yet complete.
 Furthermore, monitoring for airports have been proposed but is not yet
finalized by EPA, and in fact EPA may not have finished reviewing public
comments on the monitoring reconsideration.

Given that there is not a monitoring network at airports now, how do
monitoring studies show “…an increase in lead levels in ambient
air…” as described in the first line on p 65?  Or should this read
“higher levels at airports with piston aircraft than at airports
without piston aircraft”?

Please provide information on the study design for the Santa Monica
Study, for example why monitors were placed in certain locations, how
that would help identify lead gradient, and why only two short time
periods were adopted for the study.

Could EPA explain why“..analogies to gradients in ultrafine PM are
relevant” (p66).  PM is both formed from precursors (unlike lead) and
emitted from motor vehicles that are typically restricted to roads,
whereas aircraft are not restricted to roads.

Is the model referenced on p70 available for public review, or is it in
the docket?

Please confirm on p70 that EPA plans to use the study of one airport to
characterize that airport, and not to generalize to other airports which
may have dramatically different conditions.

EPA might intend to say that use of leaded avgas in piston-fired
aircraft is one of the larger sources of current emissions instead of
“The continued use of lead in avgas by piston-engine aircraft is a
significant source of lead to the environment.”  On p71.

Does higher ambient concentration of lead result from concentrated
emissions (airports) or from the fact that emissions occur at various
altitudes?  P71 (and agin on p72) reads: “Piston-engine aircraft
emissions of lead occur at ground level as well as at flying altitude.
Consequently, lead from this source is concentrated near airports but is
also deposited over a large geographic area potentially contributing to
higher ambient concentrations in many communities.”

Could EPA define the term “fresh emissions”.  Does this mean
“current emissions”, or refer to something else?

Could EPA provide references for the background documents or analysis
that supports the characterization of land use around airports.  (for
Example: “Airports are often surrounded by a variety of land uses
including recreational sport facilities, ….”o p 72-73)

Could EPA explain the statement on p74:  “The limited ambient lead
monitoring data near airports presented in Section IV of this ANPR
suggests that for some airports this analysis will underestimate the
actual number of people potentially exposed to elevated levels of
ambient lead from piston-engine powered aircraft.”

Could EPA provide analysis of Slow, Medium and Busy airports and the
number of residences, schools, etc located within 1km.  We suggest
deciling the airports by LTO, then counting the residences, schools, and
parks located with 1km of the airports in each decile.  This analysis
will help explain how representative are the airports in the limited
studies available and other airports in the US.

Could EPA provide more information on which airports are located very
close to community gardens or other crop production sites.

The Section “Bioaccumulation of Lead” should clarify that it refers
only to the environment, not to human tissue.

Please consider replacing the phrase “EPA is concerned about” with
“EPA requests comment on”.

When will the Santa Monica study be available?

Has monitoring begun at airports listed on p95?

On p96, please clarify which information will be available in 2010 and
which will be available in 2011 or later.

Please describe the limitations and uncertainties associated with the
modeling EPA outlines on p98.

Summary of interagency working comments on draft rule under EO 12866.

These comments do not necessarily represent the views of OMB and are
subject to further policy review.


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52845-52846]
[FR Doc No: 2016-18880]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-160-000.
    Applicants: Virginia Electric and Power Company.
    Description: Application for Authorization under Section 203 of the
Federal Power Act and Requests for Waivers, Shortened Comment Period
and Expedited Consideration of Virginia Electric and Power Company.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5227.
    Comments Due: 5 p.m. ET 8/22/16.

    Docket Numbers: EC16-161-000.
    Applicants: R. R. Donnelley & Sons Company, LSC Communications US,
LLC.
    Description: Application for authorization under Section 203 of the
Federal Power Act and request for waivers and expedited action of R.R.
Donnelley & Sons Company.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5239.
    Comments Due: 5 p.m. ET 8/22/16.

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

    Docket Numbers: ER16-2306-001.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: SCE Resubmits Revised Appendix 6.2
to WDAT GIP to be effective 7/29/2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5000.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2358-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Original WMPA SA No. 4505,
Queue No. Z2-097 to be effective 7/13/2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5046.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2359-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Amendment to First Revised
WMPA SA No. 4184, Queue No. Z2-106 to be effective 12/9/2015.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5075.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2360-000.
    Applicants: Great Western Wind Energy, LLC.
    Description: Baseline eTariff Filing: Great Western Wind Energy
Initial MBR Application and Notice Waiver Request to be effective 10/1/
2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5080.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2361-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Amendment to Original WMPA
SA No. 4259, Queue No. Z1-110 to be effective 7/22/2015.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5088.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2362-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: PSCo-WAPA-Rosedale Const.
Agrmt. NOC 378 0.1.0 to be effective 10/3/2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5097.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2363-000.
    Applicants: Bluestem Wind Energy, LLC.
    Description: Baseline eTariff Filing: Bluestem Wind Energy LLC MBR
Application to be effective 10/3/2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5100.
    Comments Due: 5 p.m. ET 8/23/16.

    Docket Numbers: ER16-2364-000.
    Applicants: Algonquin SKIC 10 Solar, LLC.
    Description: Baseline eTariff Filing: Application for Order
Accepting Initial Tariff to be effective 8/15/2016.
    Filed Date: 8/2/16.
    Accession Number: 20160802-5102.
    Comments Due: 5 p.m. ET 8/23/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern

time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18880 Filed 8-9-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Page 64563]
[FR Doc No: 2016-22731]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of All Energy Corp., and As Seen On TV, Inc.; Order
of Suspension of Trading

September 16, 2016.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
All Energy Corp. (CIK No. 1103384), a delinquent Delaware corporation
with its principal place of business listed as Johnston, Iowa, with
stock quoted on OTC Link (previously, ``Pink Sheets'') operated by OTC
Markets Group, Inc. (``OTC Link'') under the ticker symbol AFSE,
because it has not filed any periodic reports since the period ended
September 30, 2014. On December 16, 2014, All Energy Corp. was sent a
delinquency letter by the Division of Corporation Finance requesting
compliance with its periodic filing obligations, and All Energy Corp.
received the delinquency letter on December 22, 2014, but failed to
cure its delinquencies.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
As Seen On TV, Inc. (CIK No. 1432967), a Florida corporation with its
principal place of business listed as Austin, Texas, with stock quoted
on OTC Link under the ticker symbol ASTV, because it has not filed any
periodic reports since the period ended December 31, 2014. On December
9, 2015, As Seen On TV, Inc. was sent a delinquency letter by the
Division of Corporation Finance requesting compliance with its periodic
filing obligations, and As Seen On TV, Inc. received the delinquency
letter on December 12, 2015, but failed to cure its delinquencies.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
September 16, 2016, through 11:59 p.m. EDT on September 29, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-22731 Filed 9-16-16; 4:15 pm]
 BILLING CODE 8011-01-P