[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Notices]
[Page 1610-1611]
[DOCID:fr11ja11-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2246-058]

Yuba County Water Agency; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), Commencement of
Pre-Filing Process, and Scoping; Request for Comments on the PAD and
Scoping Document, and Identification of Issues and Associated Study
Requests

January 4, 2011.
    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 2246-058.
    c. Dated Filed: November 5, 2010.
    d. Submitted By: Yuba County Water Agency.
    e. Name of Project: Yuba River Hydroelectric Project.
    f. Location: The Yuba River Project facilities are located on the
western slope of the Sierra Nevada on the main stems of the Yuba River,
the North Yuba River, the Middle Yuba River, and Oregon Creek (a
tributary to the Middle Yuba River) in Yuba, Sierra, and Nevada
Counties, California. Portions of the Yuba River Project occupy lands
of the Plumas and Tahoe National Forests.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Curt Aikens, General Manager, Yuba
County Water Agency, 1220 F Street, Marysville, California 95901, 530-
741-6278.
    i. FERC Contact: Alan Mitchnick at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR Part 402 and (b) the California State
Historic Preservation Officer, as required by section 106, National

Historical Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the Yuba County Water
Agency as the Commission's non-federal representative for carrying out
informal consultation, pursuant to Section 7 of the Endangered Species
Act and section 106 of the National Historic Preservation Act.
    m. Yuba County Water Agency filed with the Commission a Pre-
Application Document (PAD; including a proposed process plan and
schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(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 at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
Documents may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's website
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. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    All filings with the Commission must include on the first page, the
project name (Yuba River Hydroelectric Project) and number (P-2246-
058), and bear the appropriate heading: ``Comments on Pre-Application
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,''
``Request for Cooperating Agency Status,'' or ``Communications to and
from Commission Staff.'' Any individual or entity interested in
submitting study requests, commenting on the PAD or SD1, and any agency
requesting cooperating status must do so by March 7, 2011.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings and Site Visit

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

Date and Time: Wednesday, February 2, 2011, 1 p.m. (PST)
Location: Yuba County Government Center, Conference Rooms 1 and 2, 915
8th Street, Marysville, California

Evening Scoping Meeting

Date and Time: Wednesday, February 2, 2011, 7 p.m. (PST)
Location: Yuba County Government Center, Conference Rooms 1 and 2, 915
8th Street, Marysville, California

    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's and Yuba County's mailing lists.
Copies of SD1 will be available at the scoping meetings, or may be
viewed on the web at http://www.ferc.gov, using the ``eLibrary'' link.
Follow the directions for accessing information in paragraph n. Based
on all oral and written comments, a Scoping Document 2 (SD2) may be
issued. SD2 may include a revised process plan and schedule, as well as
a list of issues, identified through the scoping process.

Site Visit

Date and Time: Tuesday, February 1, 2011, 8 a.m.-4:30 p.m. (PST)
Location: Meet at Yuba County Water Agency office, 1220 F Street,
Marysville, California

    Please notify Alan Mitchnick at<PHONE_NUMBER> or
<EMAIL_ADDRESS>by January 21, 2011, if you plan to attend the
site visit.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public record of the project.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-302 Filed 1-10-11; 8:45 am]
BILLING CODE 6717-01-P


words ``or included'' in Sec.  51.121(r)(2) was to eliminate any
possible mistaken inference that a state's obligation to maintain
NOX SIP Call emission controls might be contingent on
whether its SIP currently includes trading program provisions and to
reinforce that the Rule's emissions reductions are permanent and
enforceable.\62\ EPA does not consider this to be a substantive change
to the regulations.\63\ While the commenter contends that its request
for clarification about the need for any further action regarding its
SIP arises from the proposed insertion, the commenter has not explained
how, if at all, its interpretation of the post-NBTP transition
requirements might have been influenced by the proposed insertion, and
there is no indication that the commenter's interpretation has changed
from its interpretation before issuance of the proposal.\64\ Given the
lack of any apparent connection between the proposed revision and the
commenter's request for clarification, EPA interprets the comment as a
request for a determination concerning the commenter's SIP that is
outside the scope of the proposal. For this action, EPA did not propose
to make any determinations regarding whether any further action is or
is not necessary to address any specific state's post-NBTP transition
requirements. Accordingly, EPA is not making any such state-specific
determinations in this final action, either through express statements
or otherwise.
---------------------------------------------------------------------------

    \62\ 83 FR at 48760-61.
    \63\ EPA notes that the continued applicability of the post-NBTP
transition requirements following the replacement of the CAIR
seasonal NOX trading program by the original CSAPR
seasonal NOX trading program was discussed in the
preamble for the CSAPR final rule. 76 FR at 48325.
    \64\ Like several other states, when the NBTP was discontinued,
the commenter elected to include its large non-EGU boilers and
turbines in the replacement seasonal NOX trading program
established under CAIR, and EPA subsequently approved the removal of
the NBTP from its SIP. The commenter is thus a state whose SIP
``included'' a trading program approved under Sec.  51.121. The
commenter clearly is not contending that, prior to this action, it
believed the requirement to adopt control measures replacing the
NBTP no longer applied to it because its SIP no longer ``includes''
the NBTP and that, now, the insertion of the words ``or included''
would cause it to understand the requirement once again applies,
although such a contention would have internal logic and would be
consistent with the purpose of the proposed clarification. The
comment does not set forth the commenter's interpretation of Sec.
51.121(r)(2) prior to this action, but if the commenter is
contending that, prior to this action, it understood the requirement
to adopt replacement control measures applied to it and that, now,
the insertion of the words ``or included'' would cause it to believe
the requirement no longer applies, that contention would be
illogical. If the commenter is contending that the insertion of the
words ``or included'' would alter its interpretation concerning the
nature of the replacement control measures that can satisfy the
post-NBTP transition requirements, that contention would also be
illogical because with or without the added words, the post-NBTP
transition provision does not address the nature of replacement
control measures that states may or must adopt.
---------------------------------------------------------------------------

IV. Final Action

    For the reasons discussed in the proposal, as supplemented by the
discussion in this document, EPA is finalizing amendments to the
NOX SIP Call regulations at 40 CFR 51.121 and 51.122 and
amendments to associated cross-references in the CSAPR regulations at
40 CFR 52.38. In place of the current requirement for states to include
provisions in their SIPs under which certain emissions sources must
monitor their seasonal NOX mass emissions according to 40
CFR part 75, the amended regulations will allow states to include
alternate forms of monitoring requirements in their SIPs for
NOX SIP Call purposes. Other amendments remove obsolete
provisions and clarify the remaining regulations but do not
substantively alter any current regulatory requirements.
    Descriptions of the individual proposed amendments are provided in
sections II.B. and II.C. of this document and further discussion is
provided in the proposal. EPA is finalizing the amendments generally as
proposed with the following further revisions, all of which EPA
considers to be non-substantive changes from the proposal:
     To improve clarity, the final regulatory text of Sec.
51.121(i)(4) is being revised from the proposed amended text in two
ways. First, the final revisions indicate that where a state chooses to
require part 75 monitoring for some or all large EGUs and large non-EGU
boilers and turbines for NOX SIP Call purposes, the ``full
set of'' monitoring, recordkeeping, and reporting provisions in subpart
H of part 75 must be required. The added words clarify that the
amendments do not authorize states to create partial versions of the
part 75 regulations that EPA would then have to administer on a state-
specific basis. Second, the final revisions remove a phrase indicating
that the amended text does not create any exception to any part 75
requirements that may apply to a source under another legal authority.
The removed phrase is unnecessary because, on its face, the amended
text merely gives states an option to require part 75 monitoring for
NOX SIP Call purposes and does not create or authorize any
exceptions to any requirements that may apply to any source under any
legal authority. EPA believes the text of the final amendment is
clearer and does not differ substantively from the text of the
amendment as proposed.
     As discussed in EPA's response to comments in section
III.B. of this document, the regulatory text expressing the
NOX SIP Call's emissions reduction requirements is being
further clarified by using more precise terminology and documenting the
definitions that already apply for two important terms. The final
revisions (1) use the standard term ``NOX ozone season
budget'' consistently, (2) specify emissions ``during the ozone
season'' where appropriate, (3) indicate the respective years of
applicability for the Phase I and final emissions budgets, and (4) add
definitions of the terms ``nitrogen oxides or NOX'' and
``ozone season'' to Sec.  51.121. The term ``nitrogen oxides or
NOX'' is defined as ``all oxides of nitrogen except nitrous
oxide (N2O), reported on an equivalent molecular weight
basis as nitrogen dioxide (NO2).'' The term ``ozone season''
is defined as ``the period from May 1 through September 30 of a year.''
The added definitions do not alter any regulatory requirements because
they are substantively identical to the definitions that already
explicitly apply for purposes of Sec.  51.122 and that have
historically been used in practice for purposes of Sec.  51.121 as
well.\65\ The additional revisions affect the regulatory text at Sec.
51.121(a)(3), (b)(1)(i) and (iii), (e)(1), (e)(2)(i) and (ii), (f)
introductory

text, (f)(2) introductory text, (f)(2)(i)(C), (g)(1), (g)(2)(i) and
(iii), (i), and (j)(1).
---------------------------------------------------------------------------

    \65\ See 40 CFR 51.122(a); see also id. Sec.  51.50 (definition
of ``nitrogen oxides'').
---------------------------------------------------------------------------

     Instead of being removed as proposed, the provision at
Sec.  51.121(d)(2) concerning procedural requirements for SIP
submissions is being revised to incorporate the updated procedural
requirements for SIP submissions at 40 CFR 51.103. In the proposal,\66\
EPA stated the intent for the completeness and format requirements in
Sec.  51.103 to apply to any future SIP submissions under Sec.  51.121.
The final revision makes such applicability explicit and is consistent
with several other provisions of Sec.  51.121 that similarly
incorporate requirements set forth in other sections of 40 CFR part 51.
---------------------------------------------------------------------------

    \66\ 83 FR at 48761.
---------------------------------------------------------------------------

     An additional editorial revision is being made to the text
of Sec.  51.121(k)(2). The revision clarifies the regulations by
standardizing citation formats.
    A redline-strikeout document showing the text of 40 CFR 51.121 and
51.122 with the amendments adopted in this action, including all the
proposed amendments to the NOX SIP Call regulations with the
further revisions just described, is available in the docket for this
action.
    The amendments finalized in this action are effective immediately
upon publication of the action in the Federal Register. This final
action is not subject to requirements specifying a minimum period
between publication and effectiveness under either Congressional Review
Act (CRA) section 801(a)(3), 5 U.S.C. 801(a)(3), or Administrative
Procedure Act (APA) section 553(d), 5 U.S.C. 553(d).
    CRA section 801(a)(3) generally prohibits a ``major rule'' from
taking effect earlier than 60 days after the rule is published in the
Federal Register. Generally, under CRA section 804(2), 5 U.S.C. 804(2),
a major rule is a rule that the Office of Management and Budget (OMB)
finds has resulted in or is likely to result in (1) an annual effect on
the economy of $100 million or more, (2) major cost or price increases,
or (3) other significant adverse economic effects. This action is not a
major rule for CRA purposes.
    As discussed in section VI.M. of this document, EPA is issuing the
amendments under CAA section 307(d). This provision does not include
requirements governing the effective date of a rule promulgated under
it and, accordingly, EPA has discretion in establishing the effective
date. While APA section 553(d) generally provides that rules may not
take effect earlier than 30 days after they are published in the
Federal Register, CAA section 307(d)(1) clarifies that ``[t]he
provisions of [APA] section 553 . . . shall not, except as expressly
provided in this section, apply to actions to which this subsection
applies.'' Thus, APA section 553(d) does not apply to the amendments.
Nevertheless, in making this final action effective immediately upon
publication, EPA has considered the purposes underlying APA section
553(d). The primary purpose of the prescribed 30-day waiting period is
to give affected parties a reasonable time to adjust their behavior and
prepare before a final rule takes effect. The amendments made in this
action do not impose any new regulatory requirements and therefore do
not necessitate time for affected sources to adjust their behavior or
otherwise prepare for implementation. Further, APA section 553(d)
expressly allows an effective date earlier than 30 days after
publication for a rule that ``grants or recognizes an exemption or
relieves a restriction.'' This action relieves an existing restriction
and allows EPA to approve SIPs with more flexible monitoring
requirements, which in turn could lead to reduced monitoring costs for
certain sources. Consequently, making the amendments effective
immediately upon publication of the action is consistent with the
purposes of APA section 553(d).

V. Impacts of the Amendments

    The only amendment being finalized in this action that
substantively alters existing regulatory requirements is the amendment
allowing states to revise their SIPs, for NOX SIP Call
purposes only, to establish monitoring requirements other than part 75
monitoring requirements. The amendments do not change any of the Rule's
existing regulatory requirements related to statewide emissions budgets
or enforceable mass emissions limits for large EGUs and large non-EGU
boilers and turbines. Accordingly, EPA expects that the amendments will
have no impact on emissions or air quality. However, EPA does expect
that the amendment to the Rule's monitoring requirements will
ultimately allow some sources to reduce their monitoring costs because
of alternate monitoring requirements established in SIP revisions
submitted and approved for their states. Because states, not EPA, will
decide whether to revise the monitoring requirements in their SIPs and
because EPA lacks complete information on the remaining monitoring
requirements that the sources would face, there is considerable
uncertainty concerning the amount of monitoring cost reductions that
may be facilitated by this action, and EPA did not present a
quantitative estimate of potential monitoring cost reductions in the
proposal. For purposes of the final action, based in part on improved
information obtained through comments, EPA has estimated a range of
potential annual monitoring cost reductions from $1.2 million to $3.3
million, with a midpoint estimate of $2.25 million, as further
discussed below. Given the absence of any change in emissions or air
quality, there would be no change in the public health and
environmental benefits attributable to the NOX SIP Call's
emissions reduction requirements, and the likely reductions in
monitoring costs therefore are expected to constitute positive net
benefits from this action.
    As of December 2018, EPA's records indicate that there are
approximately 315 existing large EGUs and large non-EGU boilers and
turbines in the NOX SIP Call region that could potentially
be affected by the monitoring amendment if all states were to revise
their SIPs.\67\ To estimate how many of these potentially affected
existing units may ultimately face alternate monitoring requirements
made possible by the monitoring amendment in this action, EPA is
relying on information obtained from states' comments. Six states
submitted comments expressing support for the proposed monitoring
amendment.\68\ While these comments do not in any way obligate the
states to submit SIP revisions with alternate monitoring requirements,
and additional states that did not submit comments could also choose to
submit SIP revisions, EPA believes that the comments provide a
reasonable basis for assuming, solely for purposes of developing an
estimate of this action's impacts, that the 102 existing units in these
six states will ultimately face alternate monitoring requirements of
some kind.\69\ According to the monitoring plans for these units, 34
units use both gas concentration CEMS

and stack gas flow rate CEMS, 35 units use gas concentration CEMS but
not stack gas flow rate CEMS, and 33 units use non-CEMS methodologies.
For purposes of estimating potential monitoring cost reductions, EPA
has focused on the units currently using CEMS because, as noted in the
proposal and in section II.B. of this document, EPA expects that units
already using non-CEMS methodologies under part 75 would experience
little or no reduction in monitoring costs from alternate monitoring
requirements.
---------------------------------------------------------------------------

    \67\ The spreadsheet referenced in note 54 supra identifies 317
potentially affected existing units. As noted in section II.B. of
this document, in the proposal for this action EPA indicated that
there were approximately 310 potentially affected existing units.
Several additional units started reporting emissions for
NOX SIP Call purposes in 2018.
    \68\ The six states are Indiana, Michigan, North Carolina, Ohio,
South Carolina, and West Virginia.
    \69\ The 102 units are the existing units identified in the
spreadsheet referenced in note 54 supra for these six states. While
any new units in these states that otherwise would have been
required to use CEMS methodologies for NOX SIP Call
purposes could also experience monitoring cost reductions, EPA
believes it is reasonable to ignore possible new units in preparing
this estimate due to the larger numbers of existing units.
---------------------------------------------------------------------------

    To represent the alternate monitoring requirements that the units
currently using CEMS could face in a manner that reflects the
substantial uncertainty on this issue, EPA has used a range of
assumptions. Specifically, to estimate the low end of the range, EPA
has assumed that the only change from current requirements is that the
34 units currently using both gas concentration CEMS and stack gas flow
rate CEMS will discontinue the use of stack gas flow rate CEMS. EPA
considers this assumption to be reasonable for purposes of estimating
potential monitoring cost reductions because requirements to use stack
gas flow rate CEMS are relatively uncommon in non-part 75 monitoring
regulations. EPA also believes the units currently using stack gas flow
rate CEMS are more likely than other potentially affected units to
continue to be subject to requirements to use gas concentration CEMS
because many of these units combust solid fuel and consequently may
have triggered emission control requirements and associated emissions
monitoring requirements under other regulations. To estimate the high
end of the range, EPA has assumed that in addition to the change just
described, the 35 units currently using only gas concentration CEMS
will switch to a non-CEMS methodology. While it is possible that some
of these units may also face continued requirements to use gas
concentration CEMS under other regulations, EPA believes the likelihood
that these units, none of which combust solid fuel, would be eligible
to use non-CEMS methodologies is greater than for the units that
currently use both gas concentration CEMS and stack gas flow rate CEMS.
    To estimate the monitoring cost reductions associated with the
assumed range of changes in monitoring requirements, EPA has used the
cost estimates for the various part 75 monitoring methodologies
contained in the information collection request (ICR) renewal prepared
in conjunction with this action for purposes of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.\70\ Based on the cost estimates in the ICR
renewal, EPA has estimated that the potential annual cost reduction
from discontinuing the use of stack gas flow rate CEMS--including
reductions in labor costs, non-labor operating and maintenance costs
(including contractor costs), and annualized capital costs--is
approximately $35,000 per unit, while the analogous potential annual
cost reduction from discontinuing the use of gas concentration CEMS is
approximately $60,000 per unit.\71\ Multiplying these per-unit amounts
by the respective numbers of units yields an estimated range of
potential annual monitoring cost reductions from $1.2 million to $3.3
million.\72\ The midpoint of this range is a potential reduction in
annual monitoring costs of $2.25 million.
---------------------------------------------------------------------------

    \70\ See section VI.C. infra.
    \71\ See Information Collection Request Renewal for the
NOX SIP Call: Supporting Statement (September 2018) at 12
(Table 6-2), available in the docket for this action. The $35,000
estimate is the rounded difference between the sum of the amounts in
the labor, O&M, and annualized capital cost columns on line 6(a) and
the sum of the amounts in the same columns on line 6(b). The $60,000
estimate is the rounded difference from the same calculation
performed using the amounts on lines 6(b) and 6(c) instead.
    \72\ Calculation of low end of range: 34 units x $35,000 per
unit = $1.2 million.
    Calculation of high end of range: 35 units x $60,000 per unit +
$1.2 million = $3.3 million.
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory
action. This final rule provides meaningful burden reduction by
allowing states to establish lower-cost monitoring requirements in
their SIPs for some sources as alternatives to part 75 monitoring
requirements. Because states, not EPA, will decide whether to revise
the monitoring requirements in their SIPs and because EPA lacks
complete information on the remaining monitoring requirements that the
sources would face, there is considerable uncertainty regarding the
amount of monitoring cost reductions that may occur, but EPA has
quantified an estimated range in section V of this document. In
addition, the proposal's qualitative discussion of the potential
monitoring cost reductions \73\ is summarized in section II.B. of this
document.
---------------------------------------------------------------------------

    \73\ 83 FR at 48761-62.
---------------------------------------------------------------------------

C. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the Paperwork Reduction Act. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2060-0445. However, to reflect the
amendment allowing states to establish potentially lower-cost
monitoring requirements for some sources as alternatives to the current
part 75 monitoring requirements, EPA submitted an information
collection request (ICR) renewal to OMB in conjunction with the
proposal for this action. The ICR document prepared by EPA, which has
been assigned EPA ICR number 1857.08, can be found in the docket for
this action. None of the comments that EPA received during the public
comment period for the proposal addressed the ICR renewal.
    Like the current ICR, the ICR renewal reflects the information
collection burden and costs associated with part 75 monitoring
requirements for sources that are subject to part 75 monitoring
requirements under the SIP revisions addressing states' NOX
SIP Call obligations and that are not subject to part 75 monitoring
requirements under the Acid Rain Program or a CSAPR trading program.
The ICR renewal is generally unchanged from the current ICR except that
the renewal reflects projected decreases in the numbers of sources that
would perform part 75 monitoring for NOX SIP Call purposes
based on an assumption (made only for purposes of estimating
information collection burden and costs for the ICR renewal) that, over
the course of the 3-year renewal period, some states will revise their
SIPs to replace part 75 monitoring requirements for some sources with
lower-cost monitoring requirements. As under the current ICR, all
information collected from sources under the ICR renewal will be
treated as public information.
    Respondents/affected entities: Fossil fuel-fired boilers and
stationary combustion turbines that have heat input capacities greater
than 250 mmBtu/hr or serve electricity generators

with nameplate capacities greater than 25 MW and that are not subject
to part 75 monitoring requirements under another program.
    Respondents' obligation to respond: Mandatory if elected by the
state (40 CFR 51.121(i)(4) as amended).
    Estimated number of respondents: 340 (average over 2019-2021
renewal period).
    Frequency of response: Quarterly, occasionally.
    Total estimated burden: 131,945 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $19,143,004 (per year), includes $8,256,087
annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves
this ICR renewal, the Agency will announce that approval in the Federal
Register.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act, 5 U.S.C. 601-612. In making this determination, the
impact of concern is any significant adverse economic impact on small
entities. An agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, has no net burden, or otherwise has a
positive economic effect on the small entities subject to the rule.
This action does not directly regulate any entity, but simply allows
states to establish potentially lower-cost monitoring requirements for
some sources and generally streamlines existing regulations. EPA has
therefore concluded that this action will either relieve or have no net
regulatory burden for all affected small entities.

E. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector. This action simply allows states to establish
potentially lower-cost monitoring requirements for some sources and
generally streamlines existing regulations.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This
action simply allows states to establish potentially lower-cost
monitoring requirements for some sources and generally streamlines
existing regulations.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. This action simply
allows states to establish potentially lower-cost monitoring
requirements for some sources and generally streamlines existing
regulations. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk. This action simply allows states to establish potentially
lower-cost monitoring requirements for some sources and generally
streamlines existing regulations.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action is not subject to Executive Order
12898 because it does not establish an environmental health or safety
standard. This action simply allows states to establish potentially
lower-cost monitoring requirements for some sources and generally
streamlines existing regulations. Consistent with Executive Order 12898
and EPA's environmental justice policies, EPA considered effects on
low-income populations, minority populations, and indigenous peoples
while developing the original NOX SIP Call. The process and
results of that consideration are described in the Regulatory Impact
Analysis for the NOX SIP Call.

L. Congressional Review Act

    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

M. Determinations Under CAA Section 307(b) and (d)

    CAA section 307(b)(1), 42 U.S.C. 7607(b)(1), indicates which United
States Courts of Appeals have venue for petitions of review of final
actions by EPA. This section provides, in part, that petitions for
review must be filed in the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) if (i) the Agency action consists of
``nationally applicable regulations promulgated, or final action taken,
by the Administrator,'' or (ii) the action is locally or regionally
applicable, but ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.'' This
action amends existing regulations that apply to 20 states and the
District of Columbia, and thus the action applies to the same 21
jurisdictions. The existing regulations were promulgated to address
interstate transport of air pollution across the eastern half of the
nation and the resulting emissions reductions have been relied on as a
basis for actions redesignating areas in at least 20 states to
attainment with one or more NAAQS.

The states affected under the regulations and relying on the resulting
emissions reductions are located in multiple EPA Regions and Federal
judicial circuits. Previous final actions promulgating and amending the
existing regulations were nationally applicable and reviewed in the
D.C. Circuit. For these reasons, the Administrator determines that this
final action is nationally applicable or, in the alternative, is based
on a determination of nationwide scope and effect for purposes of
section 307(b)(1). Thus, pursuant to section 307(b), any petitions for
review of this final action must be filed in the D.C. Circuit within 60
days from the date this final action is published in the Federal
Register.
    CAA section 307(d), 42 U.S.C. 7607(d), contains rulemaking and
judicial review provisions that apply to certain EPA actions under the
CAA including, under section 307(d)(1)(V), ``such other actions as the
Administrator may determine.'' In accordance with section 307(d)(1)(V),
the Administrator determines that the provisions of section 307(d)
apply to this final action. EPA has complied with the procedural
requirements of section 307(d) during the course of this rulemaking.

List of Subjects

40 CFR Part 51

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

40 CFR Part 52

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

    Dated: February 26, 2019.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons stated in the preamble, parts 51 and 52 of chapter
I of title 40 of the Code of Federal Regulations are amended as
follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart G--Control Strategy

Sec.  51.121  [Amended]

0
2. Section 51.121 is amended by:
0
 a. Revising the section heading;
0
 b. Removing and reserving paragraph (a)(2);
0
 c. Revising paragraph (a)(3);
0
 d. In paragraph (b)(1) introductory text, removing the text ``section,
the'' and adding in its place the text ``section, each'';
0
 e. In paragraph (b)(1)(i), adding the words ``during the ozone
season'' after the words ``NOX emissions'', adding the words
``applicable NOX ozone season'' before the word ``budget'',
and removing the text ``(except as provided in paragraph (b)(2) of this
section),'' and adding in its place a semicolon;
0
f. In paragraph (b)(1)(ii), removing the period and adding in its place
``; and'';
0
 g. In paragraph (b)(1)(iii), adding the words ``NOX ozone
season'' before the word ``budget'';
0
 h. Removing and reserving paragraph (b)(2);
0
i. In paragraph (c)(1), removing the text ``With respect to the 1-hour
ozone NAAQS:'';
0
 j. In paragraph (c)(2), removing the text ``With respect to the 1-hour
ozone NAAQS, the portions of Missouri, Michigan, and Alabama'' and
adding in its place the text ``The portions of Alabama, Michigan, and
Missouri'';
0
k. Removing and reserving paragraph (d)(1);
0
 l. Revising paragraph (d)(2);
0
 m. In paragraph (e)(1), adding the words ``ozone season'' before the
word ``budget'';
0
 n. Revising paragraph (e)(2)(i);
0
o. In paragraph (e)(2)(ii)(A), adding the words ``ozone season'' before
the word ``budget'';
0
p. In paragraph (e)(2)(ii)(B), removing the text ``De Kalb'' and adding
in its place the text ``DeKalb'';
0
 q. In paragraph (e)(2)(ii)(E), removing the text ``St. Genevieve,''
and after the text ``St. Louis City,'' adding the text ``Ste.
Genevieve,'';
0
 r. Removing paragraphs (e)(3), (4), and (5);
0
 s. In paragraphs (f) introductory text and (f)(2) introductory text,
adding the words ``ozone season'' before the word ``budget'';
0
 t. In paragraph (f)(2)(i)(B), removing the words ``mass
NOX'' and adding in their place the words ``NOX
mass'';
0
u. In paragraph (f)(2)(i)(C), removing ``paragraphs (f)(2)(i)(A) or
(f)(2)(i)(B)'' and adding in its place ``paragraph (f)(2)(i)(A) or
(B)'' and adding the words ``ozone season'' before the word ``budget'';
0
 v. In paragraph (f)(2)(ii), removing the text ``(b)(1) (i)'' and
adding in its place the text ``(b)(1)(i)'';
0
w. In paragraph (g)(1), adding the words ``ozone season'' before the
word ``budget'';
0
x. In paragraph (g)(2)(i), adding the words ``during the ozone season''
after the words ``mass emissions'', adding the words ``ozone season''
before the word ``budget'', and removing the text ``as set forth for
the State in paragraph (g)(2)(ii) of this section,'';
0
y. Removing and reserving paragraph (g)(2)(ii);
0
 z. In paragraph (g)(2)(iii), adding the words ``during the ozone
season'' after the words ``mass emissions'';
0
aa. In paragraph (h), removing the words ``of this part'';
0
bb. In paragraph (i) introductory text, adding the words ``ozone
season'' before the word ``budget'';
0
 cc. In paragraphs (i)(2) and (3), removing the words ``of this part'';
0
 dd. Revising paragraphs (i)(4) and (5);
0
 ee. In paragraph (j)(1), adding the words ``ozone season'' before the
word ``budget'';
0
 ff. In paragraph (k)(2), removing the text ``CAA'' and adding in its
place the text ``CAA, 42 U.S.C. 7414'';
0
 gg. In paragraphs (l) and (m), removing the phrase ``of this part''
everywhere it appears;
0
 hh. In paragraph (n), removing the text ``Sec.  52.31(c) of this
part'' and adding in its place the text ``40 CFR 52.31(c)'' and
removing the text ``Sec.  52.31 of this part'' and adding in its place
the text ``40 CFR 52.31'';
0
 ii. In paragraph (o), removing the words ``of this part'';
0
 jj. Removing and reserving paragraphs (p) and (q); and
0
 kk. Revising paragraph (r).
    The revisions read as follows:

Sec.  51.121  Findings and requirements for submission of State
implementation plan revisions relating to emissions of nitrogen oxides.

    (a) * * *
    (3) As used in this section, these terms shall have the following
meanings:
    Nitrogen oxides or NOX means all oxides of nitrogen except nitrous
oxide (N2O), reported on an equivalent molecular weight
basis as nitrogen dioxide (NO2).
    Ozone season means the period from May 1 to September 30 of a year.
    Phase I SIP submission means a SIP revision submitted by a State on
or before October 30, 2000 in compliance with paragraph (b)(1)(ii) of
this section to limit projected NOX emissions during the
ozone season from sources in the

relevant portion or all of the State, as applicable, to no more than
the State's Phase I NOX ozone season budget under paragraph
(e) of this section.
    Phase II SIP submission means a SIP revision submitted by a State
in compliance with paragraph (b)(1)(ii) of this section to limit
projected NOX emissions during the ozone season from sources
in the relevant portion or all of the State, as applicable, to no more
than the State's final NOX ozone season budget under
paragraph (e) of this section.
* * * * *
    (d) * * *
    (2) Each SIP submission under this section must comply with Sec.
51.103 (regarding submission of plans).
    (e) * * *
    (2)(i) The State-by-State amounts of the Phase I and final
NOX ozone season budgets, expressed in tons, are listed in
Table 1 to this paragraph (e)(2)(i):

     Table 1 to Paragraph (e)(2)(i)--State NOX Ozone Season Budgets
------------------------------------------------------------------------
                                    Phase I NOX ozone   Final NOX ozone
                                      season budget      season budget
               State                   (2004-2006)         (2007 and
                                                          thereafter)
------------------------------------------------------------------------
Alabama...........................            124,795            119,827
Connecticut.......................             42,891             42,850
Delaware..........................             23,522             22,862
District of Columbia..............              6,658              6,657
Illinois..........................            278,146            271,091
Indiana...........................            234,625            230,381
Kentucky..........................            165,075            162,519
Maryland..........................             82,727             81,947
Massachusetts.....................             85,871             84,848
Michigan..........................            191,941            190,908
Missouri..........................  .................             61,406
New Jersey........................             95,882             96,876
New York..........................            241,981            240,322
North Carolina....................            171,332            165,306
Ohio..............................            252,282            249,541
Pennsylvania......................            268,158            257,928
Rhode Island......................              9,570              9,378
South Carolina....................            127,756            123,496
Tennessee.........................            201,163            198,286
Virginia..........................            186,689            180,521
West Virginia.....................             85,045             83,921
------------------------------------------------------------------------

* * * * *
    (i) * * *
    (4) If the revision contains measures to control fossil fuel-fired
NOX sources serving electric generators with a nameplate
capacity greater than 25 MWe or boilers, combustion turbines or
combined cycle units with a maximum design heat input greater than 250
mmBtu/hr, then the revision may require some or all such sources to
comply with the full set of monitoring, recordkeeping, and reporting
provisions of 40 CFR part 75, subpart H. A State requiring such
compliance authorizes the Administrator to assist the State in
implementing the revision by carrying out the functions of the
Administrator under such part.
    (5) For purposes of paragraph (i)(4) of this section, the term
``fossil fuel-fired'' has the meaning set forth in paragraph (f)(3) of
this section.
* * * * *
    (r)(1) Notwithstanding any provisions of subparts A through I of 40
CFR part 96 and any State's SIP to the contrary, with regard to any
ozone season that occurs after September 30, 2008, the Administrator
will not carry out any of the functions set forth for the Administrator
in subparts A through I of 40 CFR part 96 or in any emissions trading
program provisions in a State's SIP approved under this section.
    (2) Except as provided in 40 CFR 52.38(b)(10)(ii), a State whose
SIP is approved as meeting the requirements of this section and that
includes or included an emissions trading program approved under this
section must revise the SIP to adopt control measures that satisfy the
same portion of the State's NOX emissions reduction
requirements under this section as the State projected such emissions
trading program would satisfy.

Sec.  51.122  [Amended]

0
 3. Section 51.122 is amended by:
0
 a. In paragraph (c)(1)(ii), removing the text ``pursuant to a trading
program approved under Sec.  51.121(p) or'';
0
 b. In paragraph (e), removing the first sentence;
0
 c. In paragraph (f), removing the paragraph heading; and
0
 d. Removing the second paragraph (g).

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart A--General Provisions

Sec.  52.38  [Amended]

0
 5. In Sec.  52.38, paragraphs (b)(8)(ii), (b)(8)(iii)(A)(2),
(b)(9)(ii), and (b)(9)(iii)(A)(2) are amended by removing the text
``Sec.  51.121(p)'' and adding in its place the text ``Sec.  51.121''.

[FR Doc. 2019-03854 Filed 3-7-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73262-73263]
[FR Doc No: 2015-29868]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31905; 812-14451]

ETF Series Solutions and U.S. Global Investors, Inc.; Notice of
Application November 18, 2015

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

ACTION: Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(a) of
the Act and Rule 18f-2 under the Act, as well as from certain
disclosure requirements in Rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

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

Applicants:  ETF Series Solutions (the ``Trust''), a Delaware statutory
trust registered under the Act as an open-end management investment
company with multiple series, and U.S. Global Investors, Inc., a Texas
corporation registered as an investment adviser under the Investment
Advisers Act of 1940 (``the ``Adviser,'' and, collectively with the
Trust, the ``Applicants'').

Filing Dates:  The application was filed April 28, 2015, and amended on
September 25, 2015.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 14, 2015, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Susan B. McGee and
James L. Love, U.S. Global Investors, Inc., 7900 Callaghan Road, San
Antonio, TX 78229; and Michael D. Barolsky, ETF Series Solutions, 615
E. Michigan Street, Milwaukee, WI 53202.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Senior Counsel, at
(202) 551-6868, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to the Funds
pursuant to an investment advisory agreement with the Trust (the
``Investment Management Agreement'').\1\ The Adviser will provide the
Funds with continuous and comprehensive investment management services
subject to the supervision of, and policies established by, each Fund's
board of trustees (``Board'').\2\ The Investment Management Agreement
permits the Adviser, subject to the approval of the Board, to delegate
to one or more sub-advisers (each, a ``Sub-Adviser'' and collectively,
the ``Sub-Advisers'') the responsibility to provide the day-to-day
portfolio investment management of each Fund, subject to the
supervision and direction of the Adviser. The primary responsibility
for managing the Funds will remain vested in the Adviser. The Adviser
will hire, evaluate, allocate assets to and oversee the Sub-Advisers,
including determining whether a Sub-Adviser should be terminated, at
all times subject to the authority of the Board.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to any existing and
any future series of the Trust and any other registered open-end
management company or series thereof that: (a) Is advised by the
Adviser or its successor or by a person controlling, controlled by,
or under common control with the Adviser or its successor (each,
also an ``Adviser''); (b) uses the manager of managers structure
described in the application; and (c) complies with the terms and
conditions of the application (any such series, a ``Fund'' and
collectively, the ``Funds''). For purposes of the requested order,
``successor'' is limited to an entity that results from a
reorganization into another jurisdiction or a change in the type of
business organization.
    \2\ Certain Funds (each, a ``Feeder Fund'') may invest
substantially all of their assets in a ``Master Fund'' pursuant to
Section 12(d)(1)(E) of the Act.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Sub-Advisers pursuant to Sub-
Advisory Agreements and materially amend existing Sub-Advisory
Agreements without obtaining the shareholder approval required under
Section 15(a) of the Act and Rule 18f-2 under the Act.\3\ Applicants
also seek an exemption from the Disclosure Requirements to permit a
Fund to disclose (as both a dollar amount and a percentage of the
Fund's net assets): (a) The aggregate fees paid to the Adviser and any
Wholly-Owned Sub-Advisers; and (b) the aggregate fees paid to Sub-
Advisers other than Affiliated Sub-Advisers and Wholly-Owned Sub-
Advisers; and (c) the fee paid to each Affiliated Sub-Adviser
(collectively, ``Aggregate Fee Disclosure'').
---------------------------------------------------------------------------

    \3\ The requested relief will not extend to any Sub-Adviser,
other than a Wholly-Owned Sub-Adviser, that is an affiliated person,
as defined in Section 2(a)(3) of the Act, of a Fund, a Feeder Fund
or the Adviser, other than by reason of serving as a sub-adviser to
one or more of the Funds (``Affiliated Sub-Adviser''). A ``Wholly-
Owned Sub-Adviser'' is (1) an indirect or direct ``wholly owned
subsidiary'' (as such term is defined in Section 2(a)(43) of the
Act) of the Adviser for that Fund, or (2) a sister company of the
Adviser for that Fund that is an indirect or direct wholly-owned
subsidiary of the same company that, indirectly or directly, wholly
owns the Adviser.
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the Application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Fund shareholders and notification about sub-
advisory changes and enhanced Board oversight to protect the interests
of the Funds' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the Application, the Advisory
Agreements will remain subject to shareholder approval, while the role
of the Sub-Advisers is substantially similar to that of individual
portfolio managers, so that requiring shareholder approval of Sub-
Advisory Agreements would impose unnecessary delays and expenses on the
Funds. Applicants believe that the requested relief from the Disclosure
Requirements meets this standard because it will improve the Adviser's
ability to negotiate fees paid to the Sub-Advisers that are more
advantageous for the Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29868 Filed 11-23-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5414-5415]
[FR Doc No: 2020-01590]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order on Intent To Revoke Market-Based Rate Authority

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
Mint Energy, LLC.......................  ER10-1110-000
Westmoreland Partners..................  ER10-2291-001
E-T Global Energy, LLC.................  ER11-2039-001
BBPC, LLC..............................  ER11-3028-002
Amerigreen Energy, Inc.................  ER11-3879-001
Mac Trading, Inc.......................  ER11-4447-000
Liberty Hill Power LLC.................  ER12-1202-001
Imperial Valley Solar Company (IVSC) 1,  ER12-1170-003
 LLC.
Lexington Power & Light, LLC...........  ER15-455-000
Clear Choice Energy, LLC...............  ER13-183-000
Energy Discounters, LLC................  ER14-663-001
Infinite Energy Corporation............  ER14-2421-000
North Energy Power, LLC................  ER15-626-000
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2018), and 18 CFR part 35 (2019), require, among other things, that
all rates, terms, and conditions for jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports.\1\
---------------------------------------------------------------------------

    \1\ Revised Pub. Util. Filing Requirements, Order No. 2001, 99
FERC ] 61,107, reh'g denied, Order No. 2001-A, 100 FERC ] 61,074,
reh'g denied, Order No. 2001-B, 100 FERC ] 61,342, order directing
filing, Order No. 2001-C, 101 FERC ] 61,314 (2002), order directing
filing, Order No. 2001-D, 102 FERC ] 61,334, order refining filing
requirements, Order No. 2001-E, 105 FERC ] 61,352 (2003), order on
clarification, Order No. 2001-F, 106 FERC ] 61,060 (2004), order
revising filing requirements, Order No. 2001-G, 120 FERC ] 61,270,
order on reh'g and clarification, Order No. 2001-H, 121 FERC ]
61,289 (2007), order revising filing requirements, Order No. 2001-I,
125 FERC ] 61,103 (2008). See also Filing Requirements for Elec.
Util. Serv. Agreements, 155 FERC ] 61,280, order on reh'g and
clarification, 157 FERC ] 61,180 (2016) (clarifying Electric
Quarterly Reports reporting requirements and updating Data
Dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate
authorization to file Electric Quarterly Reports summarizing
contractual and transaction information related to their market-based
power sales as a condition for retaining that authorization.\2\
Commission staff's review of the Electric Quarterly Reports indicates
that the following thirteen public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
Mint Energy, LLC, Westmoreland Partners, E-T Global Energy, LLC, BBPC,
LLC, Amerigreen Energy, Inc., Mac Trading, Inc., Liberty Hill Power
LLC, Imperial Valley Solar Company (IVSC) 1, LLC, Lexington Power &
Light, LLC, Clear Choice Energy, LLC, Energy Discounters, LLC, Infinite
Energy Corporation, and North Energy Power, LLC. This order notifies
these public utilities that their market-based rate authorizations will
be revoked unless they comply with the Commission's requirements within
fifteen days of the date of issuance of this order.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Elect. Energy, Capacity and Ancillary
Servs. by Public Utils., Order No. 816, 153 FERC ] 61,065 (2015),
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Market-
Based Rates for Wholesale Sales of Elec. Energy, Capacity and
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295
(2007), at P 3, clarified, 121 FERC ] 61,260 (2007), order on reh'g,
Order No. 697-A, 123 FERC ] 61,055 (2008), clarified, 124 FERC ]
61,055, order on reh'g, Order No. 697-B, 125 FERC ] 61,326 (2008),
order on reh'g, Order No. 697-C, 127 FERC ] 61,284 (2009), order on
reh'g, Order No. 697-D, 130 FERC ] 61,206 (2010), aff'd sub nom.
Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011).
---------------------------------------------------------------------------

    3. In Order No. 2001, the Commission stated that,

[i]f a public utility fails to file a[n] Electric Quarterly Report
(without an appropriate request for extension), or fails to report
an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.[\3\]
---------------------------------------------------------------------------

    \3\ Order No. 2001, 99 FERC ] 61,107 at P 222.

    4. The Commission further stated that,
[o]nce this rule becomes effective, the requirement to comply with
this rule will supersede the conditions in public utilities' market-
based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.[\4\]
---------------------------------------------------------------------------

    \4\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of market-based rate sellers that failed to
submit their Electric Quarterly Reports.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Elec. Quarterly Reports, 82 FR 60,976 (Dec. 26,
2017); Elec. Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec.
Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
---------------------------------------------------------------------------

    6. Sellers must file Electric Quarterly Reports consistent with the
procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact
filing dates for Electric Quarterly Reports are prescribed in 18 CFR
35.10b (2019). As noted above, Commission staff's review of the
Electric Quarterly Reports for the period up to the third quarter of
2019 identified thirteen public utilities with market-based rate
authorization that failed to file Electric Quarterly Reports.
Commission staff contacted or attempted to contact these entities to
remind them of their regulatory obligations. Despite these reminders,
the public utilities listed in the caption of this order have not met
these obligations. Accordingly, this order notifies these public
utilities that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within fifteen
days of the issuance of this order.
---------------------------------------------------------------------------

    \6\ Elec. Mkt. Transparency Provisions of Section 220 of the
Fed. Power Act, Order No. 768, 140 FERC ] 61,232 (2012), order on
reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013), order on reh'g,
Order No. 768-B, 150 FERC ] 61,075 (2015).
    \7\ See Revisions to Elec. Quarterly Report Filing Process,
Order No. 770, 141 FERC ] 61,120 (2012).
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Reports in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within fifteen
days of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.

    8. If any of the above-captioned market-based rate sellers does not
wish to continue having market-based rate authority, it may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel its market-based rate tariff.
    The Commission orders:
    (A) Within fifteen days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility subject to this order fails to make the filings required in
this order, the Commission will revoke that public utility's market-
based rate authorization and will terminate its electric market-based
rate tariff. The Secretary is hereby directed, upon expiration of the
filing deadline in this order, to promptly issue a notice, effective on
the date of issuance, listing the public utilities whose tariffs have
been revoked for failure to comply with the requirements of this order
and the Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.

    Issued: January 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01590 Filed 1-29-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Page 22411]
[FR Doc No: 2017-09839]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0564; Special Conditions No. 25-573-SC]

Special Conditions: Dassault Aviation Model Falcon 900EX
Airplane; Electronic System-Security Protection From Unauthorized
External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions, request for comment; withdrawal.

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

SUMMARY: The FAA is withdrawing a previously published special
conditions for the Dassault Aviation (Dassault) Model Falcon 900EX
airplane. We are withdrawing the special conditions in response to
Dassault's comments, submitted to the Federal Docket on December 5,
2014.

DATES: This withdrawal of special conditions is effective on Dassault
on April 7, 2017.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2014, the Federal Register published a Final
Special Conditions, Request for Comment, Docket No. FAA-2014-0564,
Special Conditions No. 25-573-SC (79 FR 68107), for the Dassault Model
Falcon 900EX airplane on the subject of electronic system-security
protection from unauthorized external access.
    Note that the original publication of the special conditions
incorrectly indicates, in the document header, Special Conditions No.
25-XXX-SC. This withdrawal document reflects the correct special
conditions number.

Reason for Withdrawal

    The FAA withdraws Special Conditions No. 25-573-SC after
considering comments Dassault submitted during the public-comment
period. Dassault's comment, in pertinent part, is as follows, with
minor edits for clarity:

    The Proposed Special Conditions indicate that they are
applicable to the ``new Model 900EX airplane.'' This statement is
factually wrong. Dassault believes that these special conditions
were intended for a Dassault Aviation Services (DAS) supplemental
type certificate (STC) regarding the replacement of the display unit
on the Dassault Model 900EX airplane (FAA project number ST07490NY-
T). Furthermore, previous discussions between the FAA and DAS led to
the conclusion that the STC for the replacement of the display unit
on the Dassault Model 900EX airplane (FAA project number ST07490NY-
T) did not contain any changes involving the connectivity to the
avionics system. Accordingly, there is no specific vulnerability to
the systems due to the replacement of the display unit. Therefore,
there was no novelty in the STC that would require the issuance of
the proposed special conditions. The STC was approved in [2014]
(ST03371NY) without any special conditions on this subject.
    In view of the foregoing, Dassault Aviation respectfully
requests that the FAA rescind [Special Conditions No. 25-573-SC].

    The FAA agrees with Dassault's comments and withdraws the special
conditions. These special conditions are not included in, and are not a
part of, the type certificate for the Dassault Model Falcon 900EX
airplane.

Conclusion

    This action affects only the special conditions indicated above for
the Dassault Model Falcon 900EX airplane.
    In light of Dassault's comments, the FAA agrees that these special
conditions are not necessary, and that withdrawal of the special
conditions is not detrimental to the operation of the airplane.
Accordingly, pursuant to the authority delegated to me by the
Administrator, Special Conditions No. 25-573-SC is withdrawn.
    The FAA finds that good cause exists to make this withdrawal of
special conditions effective upon issuance.

    Issued in Renton, Washington, on April 7, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-09839 Filed 5-15-17; 8:45 am]
BILLING CODE 4910-13-P