[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74055-74056]
[DOCID:fr14de05-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27184; 812-13176]

The Integrity Funds, et al.; Notice of Application

December 8, 2005.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (``Act'') for an exemption from
section 12(d)(1)(F)(ii) of the Act.

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    Summary of Application: Applicants request an order to permit
certain registered open-end management investment companies relying on
section 12(d)(1)(F) of the Act to charge a sales load in excess of 1\1/
2\ percent.
    Applicants: Integrity Money Management, Inc. (the ``Adviser''),
Integrity Funds Distributor, Inc. (the ``Distributor''), and The
Integrity Funds on behalf of itself and certain series thereof, and
future registered open-end management investment companies and series
thereof advised by the Adviser or an entity controlling, controlled by,
or under common control with the Adviser or for which the Distributor
or any entity controlling, controlled by, or under common control with
the Distributor serves as principal underwriter (the ``Funds'').
    Filing Dates: The application was filed on March 17, 2005 and
amended on December 2, 2005.
    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 January 3, 2006 and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-9303; Applicants: Brenda Sem, c/o
Integrity Mutual Funds, Inc., 1 Main Street North, Minot, North Dakota
58703.

FOR FURTHER INFORMATION CONTACT: Keith A. Gregory, Senior Counsel, at
(202) 551-6815 or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Desk, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Integrity Funds is a Delaware statutory trust registered
with the Commission under the Act as an open-end management investment
company. The Integrity Funds currently consists of ten Funds.\1\ The
Adviser is registered as an investment adviser under the Investment
Advisers Act of 1940. The Distributor is the principal underwriter to
the Funds and is registered as a broker-dealer under the Securities
Exchange Act of 1934.
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    \1\ The Integrity All Season Fund (the ``All Season Fund'') is
the only existing Fund that currently intends to rely on the
requested relief. Any existing or future registered open-end
management investment company or series thereof that relies on the
order in the future will do so only in accordance with the terms and
conditions of the application.
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    2. Certain Funds, including the All Season Fund, intend to invest
all or a portion of their assets in the shares of various other
registered investment companies that are not part of the same ``group
of investment companies'' as defined in section 12(d)(1)(G)(ii) of the
Act as the Funds (``Underlying Funds'') in reliance on section
12(d)(1)(F) of the Act. Each of the Underlying Funds will be registered
as a closed-end investment company, an open-end investment company or
unit investment trust. The Underlying Funds may also be registered as
open-end investment companies or unit investment trusts that have
received exemptive relief to, among other things, issue shares of
limited redeemability that can be traded on an exchange at negotiated
prices (``Exchange-Traded Funds''). The Funds also may invest a portion
of their assets directly in equity or fixed income securities, and
other investments. Applicants request relief to permit the Funds to
charge a sales load in excess of the limit in section 12(d)(1)(F)(ii)
of the Act.

Applicants' Legal Analysis

A. Section 12(d)(1) of the Act

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company may acquire securities of another investment company
if those securities represent more than 3% of the acquired company's
total outstanding voting stock, more than 5% of the acquiring company's
total assets, or if the securities, together with the securities of any
other acquired investment companies, represent more than 10% of the
acquiring company's total assets. Section 12(d)(1)(B) of the Act
provides that no registered open-end investment company, its principal
underwriter and any broker or dealer may sell securities of the company
to another investment company if the sale will cause the acquiring
company to own more than 3% of the acquired company's voting stock, or
if the sale will cause more than 10% of the acquired company's voting
stock to be owned by investment companies.
    2. Section 12(d)(1)(F) of the Act provides that section 12(d)(1)
shall not apply to the acquisition by a registered investment company
of the securities of an investment company if, among other things, the
acquiring company and its affiliates immediately after the purchase own
no more than 3% of an acquired company's total outstanding stock and
the acquiring company does not charge a sales load in excess of 1\1/
2\%. Applicants state that the Funds will comply with section
12(d)(1)(F) in all respects except for the sales load limit of 1\1/2\%.
    3. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt persons or transactions from any provision of section 12(d)(1),
if and to the extent that such exemption is consistent with the public
interest and the protection of investors.
    4. Applicants request an order under section 12(d)(1)(J) exempting
them from the sales load limitation in section

12(d)(1)(F)(ii). Applicants have agreed, as a condition to the
requested relief, that any sales charges and/or service fees with
respect to shares of a Fund will not exceed the limits set forth in
Rule 2830 of the NASD Conduct Rules (``NASD Conduct Rules'') applicable
to a fund of funds. Applicants believe that it is appropriate to apply
the NASD's rule to the proposed arrangement instead of the sales load
limitation in section 12(d)(1)(F)(ii) because the proposed limit would
cap the aggregate sales charges that may be imposed by a fund of funds.
Applicants assert that the NASD's rule more accurately reflects today's
regulatory environment with respect to the methods by which investment
companies finance sales expenses. Applicants also state that the Funds
will incur brokerage commissions in connection with their purchase and
sale of shares of closed-end funds or Exchange-Traded Funds. The
commissions on such transactions will not differ from those customarily
incurred in connection with the purchase and sale of comparable
securities.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Funds will comply with section 12(d)(1)(F) in all respects
except for the sales load limitation of section 12(d)(1)(F)(ii).
    2. Any sales charges and/or service fees (as those terms are
defined in Rule 2830 of the NASD Conduct Rules) charged with respect to
shares of a Fund will not exceed the limits applicable to a fund of
funds as set forth in Rule 2830 of the NASD Conduct Rules.
    3. No Underlying Fund will acquire securities of any investment
company or company relying on section 3(c)(1) or 3(c)(7) of the Act in
excess of the limits contained in section 12(d)(1)(A) of the Act,
except to the extent that such Underlying Fund (a) receives securities
of another investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1)of the Act); or (b) acquires (or is deemed
to have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund to
(i) acquire securities of one or more affiliated investment companies
for short-term cash management purposes; or (ii) engage in interfund
borrowing and lending transactions.
    4. Prior to reliance on the requested order, the board of directors
or trustees (``Board'') of each Fund, including a majority of the Board
who are not ``interested persons'' (as defined in section 2(a)(19) of
the Act) (``Disinterested Directors''), shall find that the advisory
fees, if any, charged under the Fund's advisory contract(s) are based
on services provided that are in addition to, rather than duplicative
of, services provided under any Underlying Fund's advisory contract(s).
Such finding, and the basis upon which the finding was made, will be
recorded fully in the minute books of the appropriate Fund. In
addition, in connection with the approval of any investment advisory
contract pursuant to section 15 of the Act subsequent to such initial
determination, the Board of each Fund, including a majority of the
Disinterested Directors, shall find that the advisory fees, if any,
charged under the Fund's advisory contract(s) are based on services
provided that are in addition to, rather than duplicative of, services
provided pursuant to any Underlying Fund's advisory contract(s). Such
finding, and the basis upon which the finding was made, will be
recorded fully in the minute books of the appropriate Fund.
    5. The Board of each Fund will satisfy fund governance standards as
defined in rule 0-1(a)(7) under the Act by the compliance date for the
rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7302 Filed 12-13-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Page 23503]
[FR Doc No: 2016-09258]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0007]

Public Assistance Program Minimum Standards

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on a proposed policy regarding minimum standards for Public
Assistance restoration of damaged facility projects.

DATES: Comments must be received by May 23, 2016.

ADDRESSES: Comments must be identified by docket ID FEMA-2016-0007 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal
Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC
20472-3100.

FOR FURTHER INFORMATION CONTACT: William Roche, Director, Public
Assistance Division, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2016-
0007. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, 8NE, 500 C
Street SW., Washington, DC 20472.

II. Background

    The purpose of the proposed policy is to establish minimum
standards for Public Assistance projects to promote resiliency and
increase achieved risk reduction under the authority of Stafford Act
Sec.  323, 42 U.S.C. 5165a and Sec.  406(e), 42 U.S.C. 5172. When using
Public Assistance funds to repair, replace or construct buildings
located in hazard-prone areas, applicants would use, at a minimum, the
hazard-resistant standards reflected or referenced in the International
Building Code (IBC). Costs associated with meeting these standards
would be eligible. The proposed policy language would replace Chapter
2:VII.C.2 of the Public Assistance Program and Policy Guide (PAPPG),
available at http://www.fema.gov/media-library/assets/documents/111781.
    The proposed policy does not have the force or effect of law.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2016-0007. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov. The final policy
will not have the force or effect of law.

    Authority:  42 U.S.C. 5165a, 5172; 44 CFR 206.226, 206.400.

David Bibo,
Acting Associate Administrator, Office of Policy and Program Analysis,
Federal Emergency Management Agency.
[FR Doc. 2016-09258 Filed 4-20-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21426-21427]
[FR Doc No: 2020-08184]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14856-002]

America First Hydro LLC; Notice of Application Tendered for
Filing With the Commission

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 14856-002.
    c. Date Filed: March 30, 2020.
    d. Applicant: America First Hydro LLC (America First Hydro).
    e. Name of Project: Lower Mousam Project.
    f. Location: The project is located on the Mousam River in York
County, Maine. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ian Clark, America First Hydro LLC; 65 Ellen
Ave, Mahopac, New York 10541,<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    i. FERC Contact: Michael Watts,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. The application is not ready for environmental analysis at this
time.
    k. Kennebunk Light and Power District currently owns and holds a
license to operate and maintain the Lower Mousam Project as FERC
Project No. 5362. On March 29, 2017, Kennebunk Light and Power District
filed a notice stating that it does not intend to file an application
for a subsequent license. In response to a solicitation notice issued
by the Commission on May 15, 2017, America First Hydro filed a pre-
application document and a notice of intent to file an application for
a license for the Lower Mousam Project, pursuant to 18 CFR 5.5 and 5.6.
Commission staff assigned Project No. 14856 for the licensing
proceeding initiated by America First Hydro's filing.
    l. Project Description:
    The existing Lower Mousam Project consists of the following three
developments:
Dane Perkins Development
    The Dane Perkins Development consists of: (1) A 12-foot-high, 83-
foot-long concrete gravity dam with a 50-foot-long spillway section
that has a crest elevation of 81.8 feet mean seal level (msl) plus 2.5-
foot-high flashboards; (2) a 25-acre impoundment with a normal maximum
elevation of 84.3 feet msl; (3) a powerhouse containing a single
turbine-generator unit rated at 150 kilowatts (kW); (4) a generator
lead connecting the turbine-generator unit to the regional grid; and
(5) appurtenant facilities.
Twine Mill Development
    The Twine Mill Development is located approximately 0.5 mile
downstream from the Dane Perkins Development and consists of: (1) An
18-foot-high, 223-foot-long concrete gravity dam with an 81-foot-long
spillway section that has a crest elevation of 68.8 feet msl plus 3.0-
foot-high flashboards; (2) a 12-acre impoundment with a normal maximum
elevation of 71.8 feet msl; (3) a powerhouse containing a single
turbine-generator unit rated at 300 kW; (4) a generator lead connecting
the turbine-generator unit to the

regional grid; and (5) appurtenant facilities.
Kesslen Development
    The Kesslen Development is located approximately 2.5 miles
downstream from the Twine Mill Development and consists of: (1) An 18-
foot-high, 140-foot-long concrete gravity dam with a 114-foot-long
spillway section that has a crest elevation of 42.2 feet msl plus 1.5-
foot-high flashboards; (2) a 20-acre impoundment with a normal maximum
elevation of 43.7 feet msl; (3) a powerhouse containing a single
turbine-generator unit rated at 150 kW; (4) a generator lead connecting
the turbine-generator unit to the regional grid; and (5) appurtenant
facilities.
    The current license requires an instantaneous minimum flow of 60
cubic feet per second (cfs) or inflow, whichever is less, downstream of
the Kesslen Development from April 1 through June 1 each year; and a
minimum flow of 5 cfs or inflow downstream of the Kesslen Development
from June 2 through March 31. The licensee operates the project in a
run-of-river mode on a voluntary basis.
    America First Hydro proposes to increase the installed generation
capacity at the Dane Perkins Development by replacing the existing 150-
kW turbine-generator unit with two turbine-generator units that have a
combined capacity of 270 kW. America First Hydro proposes to disconnect
the generating equipment at the Kesslen Development and allow all flow
to pass over the dam. America First Hydro also proposes to continue
operating the project in a run-of-river mode.
    m. Locations of the Application: A copy of the application may be
viewed on the Commission's website 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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY).
    n. 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.
    o. Procedural Schedule: On December 19, 2019, Commission staff
suspended the Integrated Licensing Process for the project until
America First Hydro filed the final license application. The suspension
held the pre-filing process in abeyance, including the milestones for
the study process. In accordance with 18 CFR 5.20, Commission staff
will notify America First Hydro on or before April 29, 2020, as to
whether or not the application substantially conforms to the pre-filing
consultation and filing requirements of the Commission's regulations.
To the extent that the application is not patently deficient,
Commission staff will issue a revised process plan and schedule that
includes milestones and dates for the filing and review of America
First Hydro's outstanding study reports. After America First Hydro
completes and files the outstanding study reports, Commission staff
will issue a revised procedural schedule with target dates for the
post-filing milestones listed below.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready for    TBD.
 Environmental Analysis.
Filing of recommendations, preliminary      TBD.
 terms and conditions, and fishway
 prescriptions.
Commission issues Environmental Assessment  TBD.
 (EA).
Comments on EA............................  TBD.
Modified terms and conditions.............  TBD.
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    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the Notice
of Ready for Environmental Analysis.

    Dated: April 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-08184 Filed 4-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70486-70487]
[FR Doc No: 2021-26748]

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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: EC22-16-000.
    Applicants: Energy Center Paxton LLC, KKR Thor Bidco, LLC.
    Description: Supplement to November 15, 2021 Application for
Authorization Under Section 203 of the Federal Power Act of Energy
Center Paxton LLC.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5256.
    Comment Date: 5 p.m. ET 12/17/21.

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

    Docket Numbers: ER22-46-002.
    Applicants: Parkway Generation Essex, LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 12/1/2021.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5176.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-87-001.
    Applicants: Southwest Power Pool, Inc., Basin Electric Power
Cooperative.
    Description: Tariff Amendment: Southwest Power Pool, Inc. submits
tariff filing per 35.17(b): 3843 Basin/Saskatchewan Power Corp Inter
Agr-Amended Filing to be effective 12/15/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5239.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-94-001.
    Applicants: Basin Electric Power Cooperative.
    Description: Tariff Amendment: Basin Electric Submission of
Amendment to Interconnection Agreement in ER22-94 to be effective 7/10/
2020.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5150.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-541-000.
    Applicants: NSF Chaumont Site 1 LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: NSF Chaumont Site 1 LLC
submits tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 12/17/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5206.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-542-000.
    Applicants: NSF Chaumont Site 2 LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: NSF Chaumont Site 2 LLC
submits tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 12/17/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5215.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-543-000.
    Applicants: NSF Chaumont Site 3 LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: NSF Chaumont Site 3 LLC
submits tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 12/17/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5220.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-544-000.
    Applicants: NSF Chaumont Site 4 LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: NSF Chaumont Site 4 LLC
submits tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 12/17/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5225.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-545-000.
    Applicants: NSF Chaumont Site 5 LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: NSF Chaumont Site 5 LLC
submits tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 12/17/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5229.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-546-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Rock Creek Provisional Large
Gen Interconnection Agrmt to be effective 12/2/2021.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5231.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-547-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 901 to
be effective 11/19/2020.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5235.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-548-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OATT, Behind
the Meter Generation Business Rules on Status Changes to be effective
2/2/2022.
    Filed Date: 12/3/21.
    Accession Number: 20211203-5244.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-549-000.
    Applicants: The Valence Group, LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 12/15/2021.
    Filed Date: 12/6/21.

    Accession Number: 20211206-5000.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-550-000.
    Applicants: Chambersburg Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreement
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5001.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-551-000.
    Applicants: Rockford Power, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreement
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5002.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-552-000.
    Applicants: Rockford Power II, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreements
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5003.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-553-000.
    Applicants: Troy Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreement
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5004.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-554-000.
    Applicants: LSP University Park, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreement
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5005.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-555-000.
    Applicants: University Park Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Letter Agreement
and Requests for Waivers to be effective 1/25/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5006.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-556-000.
    Applicants: ISO New England Inc. & New England Power Pool.
    Description: ISO New England Inc. and New England Power Pool filing
of Installed Capacity Requirements, Hydro-Quebec Interconnection
Capability Credits and Related Values for 2022-2023, 2023-2024 and
2024-2025 Annual Reconfiguration Auction.
    Filed Date: 11/30/21.
    Accession Number: 20211130-5348.
    Comment Date: 5 p.m. ET 12/21/21.

    Docket Numbers: ER22-558-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Extend Tariff
Administration between SPP and SPA through 06/30/2023 to be effective
1/1/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5097.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-559-000.
    Applicants: Westlands Transmission, LLC.
    Description: Sec.  205(d) Rate Filing: Third Amended Transmission
Service Agreement, Rate Schedule No. 1 to be effective 12/7/2021.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5108.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-560-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-STEC Second Amended
and Restated Interconnection Agreement to be effective 2/6/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5136.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-561-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP submits one FA with City
of Danville re: SA No. 2104 to be effective 2/5/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5171.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-562-000.
    Applicants: Assembly Solar, LLC.
    Description: Sec.  205(d) Rate Filing: SFA amendment filing 2021 to
be effective 12/7/2021.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5181.
    Comment Date: 5 p.m. ET 12/27/21.

    Docket Numbers: ER22-563-000.
    Applicants: American Electric Power Service Corporation,
Appalachian Power Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits one FA with City of Danville re SA No. 2104 to be effective 2/
5/2022.
    Filed Date: 12/6/21.
    Accession Number: 20211206-5194.
    Comment Date: 5 p.m. ET 12/27/21.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF21-629-001; EL21-89-000.
    Applicants: Hecate Energy Blair Road LLC, Hecate Energy Blair Road
LLC.
    Description: Refund Report of Hecate Energy Blair Road LLC, et al.
    Filed Date: 12/2/21.
    Accession Number: 20211202-5274.
    Comment Date: 5 p.m. ET 12/23/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: December 6, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26748 Filed 12-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53991-53993]
[FR Doc No: 2021-21111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93111; File No. SR-NASDAQ-2021-072]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Equity 7, Section 118 of the Fee Schedule

September 23, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 14, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's pricing schedule at
Equity 7, Section 118(a), as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
schedule of credits, at Equity 7, Section 118(a). Specifically, the
Exchange proposes to eliminate an existing credit of $0.0030 per share
for members that meet specified volume requirements on both Nasdaq and
the Nasdaq Options Market (``NOM'') when adding liquidity and that
qualify for Tier 4 of the MARS program on NOM.
    The Exchange currently provides a $0.0030 per share executed credit
for a member with displayed quotes/orders (other than Supplemental
Orders or Designated Retail Orders) that provide more than 0.65% of
Consolidated Volume on Nasdaq during the month, and the member must
also qualify for Tier 4 of NOM's MARS program during the month. To
qualify for the Tier 4 MARS program, a Participant must have an average
daily volume (``ADV'') of at least 20,000 Eligible Contracts in a month
that are executed and that added liquidity.
    The Exchange proposes to eliminate the credit on all tapes as it
has not been effective in accomplishing its intended purpose, which is
to incent members to increase their liquidity adding activity on both
Nasdaq and NOM. Although the Exchange amended the credit in April
2021to incentivize members to increase the extent of their liquidity
providing activity on Nasdaq,\3\ no members have received this credit
since the Exchange last amended the credit and it has served to neither
meaningfully increase activity on the Exchange or NOM nor improve the
quality of those markets since April 2021. Moreover, no member
currently qualifies for the credit. The Exchange therefore proposes to
eliminate it.
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    \3\ Securities Exchange Act Release No. 91619 (April 21, 2021),
79 FR 22291, (April 27, 2021).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The proposal is also consistent with
Section 11A of the Act relating to the establishment of the national
market system for securities.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposal Is Reasonable
    The Exchange's proposal is reasonable in several respects. As a
threshold matter, the Exchange is subject to significant competitive
forces in the market for equity securities transaction services that
constrain its pricing determinations in that market. The fact that this
market is competitive has long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .'' \6\
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    \6\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \7\
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    \7\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
equity security transaction services. The Exchange is only one of
several equity venues to which market participants may direct their
order flow. Competing equity exchanges offer similar tiered pricing
structures to that of the Exchange, including schedules of rebates and
fees that apply based upon members achieving certain volume thresholds.

    Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules. Within the
foregoing context, the proposal represents a reasonable attempt by the
Exchange to update its fee schedule when certain credits are
ineffective in increasing its liquidity and market share relative to
its competitors.
    The Exchange believes that it is reasonable to eliminate its
existing $0.0030 per share executed credit for a member (1) with shares
of liquidity provided in all securities through one or more of its
Nasdaq Market Center MPIDs that represent more than 0.65% of
Consolidated Volume during the month and (2) that qualifies for Tier 4
of the MARS program on The Nasdaq Options Market during the month. As
discussed above, the Exchange has observed that historically no members
have received this credit, and no member currently qualifies for it.
The credit has served to neither meaningfully increase activity on the
Exchange or NOM nor improve the quality of those markets. Under these
circumstances, the Exchange believes it is reasonable to eliminate the
credit and reallocate its limited resources to more effective incentive
programs.
    The Exchange notes that those market participants that are
dissatisfied with the proposal is free to shift their order flow to
competing venues that offer more generous pricing or less stringent
qualifying criteria.
The Proposal Is an Equitable Allocation of Credits
    The Exchange believes its proposal will allocate its charges and
credits fairly among its market participants.
    The Exchange believes that is an equitable allocation to eliminate
its existing $0.0030 per share executed credit for a member (1) with
shares of liquidity provided in all securities through one or more of
its Nasdaq Market Center MPIDs that represent more than 0.65% of
Consolidated Volume during the month and (2) that qualifies for Tier 4
of the MARS program on The Nasdaq Options Market during the month. As
discussed above, the Exchange has observed that historically, no member
has received this credit since the Exchange amended the credit in April
2021, and no member currently qualifies for it. The credit has served
to neither meaningfully increase activity on the Exchange or NOM nor
improve the quality of those markets. Under these circumstances, the
Exchange believes it is equitable to eliminate the credit and
reallocate its limited resources to more effective incentive programs.
    Any participant that is dissatisfied with the proposal is free to
shift their order flow to competing venues that provide more generous
pricing or less stringent qualifying criteria.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that its proposal is not unfairly
discriminatory. As an initial matter, the Exchange believes that
nothing about its volume-based tiered pricing model is inherently
unfair; instead, it is a rational pricing model that is well-
established and ubiquitous in today's economy among firms in various
industries--from co-branded credit cards to grocery stores to cellular
telephone data plans--that use it to reward the loyalty of their best
customers that provide high levels of business activity and incent
other customers to increase the extent of their business activity. It
is also a pricing model that the Exchange and its competitors have long
employed with the assent of the Commission. It is fair because it
enhances price discovery and improves the overall quality of the equity
markets.
    The proposal to eliminate one of the Exchange's transaction credits
is not unfairly discriminatory because no members have received this
credit since March 2021 and currently, no member qualifies for the
credit, such that its elimination is fair and will have limited impact.
The Exchange has limited resources with which to apply to incentives,
and it must allocate those limited resources in a manner that
prioritizes areas of greatest need and potential effect.
    Any participant that is dissatisfied with the proposal is free to
shift their order flow to competing venues that provide more generous
pricing or less stringent qualifying criteria.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that its proposal will place any
category of Exchange participant at a competitive disadvantage.
    The proposed elimination of one of the Exchange's existing
transaction credits will have minimal competitive effect insofar as the
credit has not been utilized by any member since March 2021. The
Exchange notes that it offers other means to attain similar credit
tiers.
    The Exchange notes that its members are free to trade on other
venues to the extent they believe that the remaining credits are not
attractive. As one can observe by looking at any market share chart,
price competition between exchanges is fierce, with liquidity and
market share moving freely between exchanges in reaction to fee and
credit changes.
Intermarket Competition
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its credits and fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own credits and
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which credit or fee changes in this market may impose any burden on
competition is extremely limited.
    The proposed eliminated credit is reflective of this competition
because, even as one of the largest U.S. equities exchanges by volume,
the Exchange has less than 20% market share, which in most markets
could hardly be categorized as having enough market power to burden
competition. Moreover, as noted above, price competition between
exchanges is fierce, with liquidity and market share moving freely
between exchanges in reaction to fee and credit changes. This is in
addition to free flow of order flow to and among off-exchange venues
which comprises upwards of 50% of industry volume.
    In sum, if the change proposed herein is unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\8\ the Exchange has
designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2021-072 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2021-072. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-072 and should be submitted
on or before October 20, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21111 Filed 9-28-21; 8:45 am]
BILLING CODE 8011-01-P


1The total estimated number of facilities is 516. The total number cited in the NODA is 522. The difference is a single facility with an approximate survey weight of 5 that was deemed not to discharge. That decision was made after December 2003.

2A facility in the 20,000 to 100,000 lb/ yr category belongs to a 17th company that also owns in scope (> 100,000 lb/ yr) facilities. In order to avoid double counting this company, it is not included in the count of companies in the 20,000 to 100,000 lb/ yr group.

1 Date: 7 May 2004 To: Renee Johnson , EPA From: Maureen F. Kaplan and Ian Cadillac, ERG Subject: Technical Directive No. 3, Items 1 and 2 Description and Economic Impact Analysis of CAAP Facilities that Produce Between 20,000 to 100,000 lb/ yr in Flow Through, Recirculating, and Net Pen Systems 1. Description 1.1 Facility Counts There are approximately 257 facilities with production between 20,000 to 100,000 lb/ yr based on the detailed questionnaire. The estimated number of in scope facilities is 259.1 That is, the 100,000 lb/ yr threshold selected by EPA reduced the number of facilities within the scope of the rule by about half. Table 1 summarizes the number of commercial and noncommercial facilities by production system.

1.2 Commercial Facilities Of the 81 commercial facilities, 36 ( or 44 percent) report unpaid labor and or management. Thirty five ( or 43 percent) are unprofitable in the facility closure analysis before the inclusion of incremental pollution control costs. The 81 ( weighted) commercial facilities are represented by 16 unweighted companies2 with the following organizational structure: 7 sole proprietorships, 2 partnerships ( 1 limited and 1 general), 4 S Corporations, and 3 C Corporations. In other words, approximately 41 percent of the organizations are sole proprietorships. Of the 16 companies, all but one are small businesses.

Table 2 summarizes the differences between the group of facilities that EPA excluded from the rule ( 20,000 to 100,000 lb/ yr) and the in scope facilities (> 100,000 lb/ yr). Overall, then, facilities that produce between 20,000 and 100,000 lb/ yr are more likely to be sole proprietorships, more dependent on unpaid labor and management, belong to a small business, and less likely to be profitable. 2 Table 1 Number and Types of Facilities with Annual Production between 20,000 and 100,000 Pounds Estimated Number of Facilities Production System Owner Initial Facility Count Baseline Closures In Analysis [ 1] In Analysis that Incur Costs In Cost Totals [ 2]

Continuous Commercial 81 35 46 41 47 Discharge Noncommercial 175 NA 175 175 175 Net Pen Commercial 0 0 0 0 0 Noncommercial 1 NA 1 0 1 Total Commercial 81 35 46 41 47 Noncommercial 176 NA 176 176 176 Totals may not sum due to rounding NA: not applicable. [ 1] In analysis counts are calculated by subtracting out baseline closures from the initial facility count. [ 2] Start up operations are in the cost totals but have insufficient information to be in the economic analysis.

Table 2 Comparison of Out of Scope and In Scope Commercial Facilities Flow through, Recirculating, and Net Pen Systems Percentage of Group with Characteristic Out of Scope ( 20,000 to 100,000 lb/ yr) In Scope (> 100,000 lb/ yr)

Report unpaid labor and/ or management 44.4% 0.3%

Baseline failure 43.2% 31.8%

Organizational structure is sole proprietorship 43.8% 11.4%

Small Business 93.3% 31.4% 3 1.2 Noncommercial Facilities The 176 noncommercial facilities in the detailed questionnaire data that produce between 20,000 to 100,000 lb/ yr include:

# 154 Government facilities # 7 Alaska nonprofit organizations # 1 Academic/ research facilities # 14 Tribal facilities Only government facilities ( State or Federal hatcheries) are considered in scope ( annual production > 100,000 lb) based on the detailed questionnaire data. In contrast, the 20,000 to 100,000 lb/ yr group of facilities encompasses three additional types of organizations: Alaska nonprofits, Tribal facilities, and academic/ research facilities.

2. Impact Analysis 2.1 Commercial Facilities Table 3 summarizes the impact on this group of facilities. If a facility if financially healthy enough to pass the baseline analysis, it is healthy enough to remain open under Option A or Option B. None of the commercial companies experience a change in financial health or suffer impaired credit. Nearly one in five facilities, however, fail the 3 percent sales test threshold and none fail the 5 percent sales test threshold.

2.2 Noncommercial Facilities 2.2.1 Budget and RelatedTests Table 4 summarizes the budget tests for noncommercial facilities while Table 5 compares the budget test results for the in scope and out of scope noncommercial facilities for Option B. Note that substantially higher percentages of the out of scope noncommercial facilities fail the test thresholds. EPA's decision matrix for economic achievability considers facilities that incur costs that are 10 percent or greater of the facility budget to incur stress.

No Tribal or academic/ research facility fails the 5% budget test. No Alaska nonprofit facility incurs costs in excess of 5% of salmon revenues. 4 Table 3 Economic Effects Existing Commercial Operations with Annual Production Between 20,000 to 100,000 Pounds Budget Threshold Estimated Number of Facilities for Which Impacts Can be Assessed Option A Option B Closure Analysis 46 0 0 Additional Analysis Criteria Sales test > 3% 47 10 10 Sales test > 5% 47 0 0 Sales test > 10% 47 0 0 Company Change in Financial Health 16 0 0 Credit test > 80% 9 0 0 Table 4 Noncommercial Operations with Annual Production Between 20,000 to 100,000 Pounds Number of Facilities Estimated to Exceed Budget Threshold Budget Threshold Estimated Number of Facilities Option A Option B 3% 168 16 47 5% 168 12 30 10% 168 8 23 5 Table 5 Comparison of Budget Test Results for Out of Scope and In Scope Noncommercial Facilities Option B Flow through, Recirculating, and Net Pen Systems Budget Test Threshold Out of Scope ( 20,000 to 100,000 lb/ yr) In Scope (> 100,000 lb/ yr)

3% 28.0% 18.8%

5% 17.9% 11.4%

10% 13.7% 5.4%

2.2.2 User Fee Test Table 6 summarizes the results of the user fee test for noncommercial facilities that fail the budget test. Typically, more than half the facilities that fail the budget test report no revenues from user fees.

Table 6 Noncommercial Operations with Annual Production Between 20,000 to 100,000 Pounds Number of Facilities Estimated to Exceed Budget Threshold Budget Threshold Estimated Number of Facilities Option A Option B 3% Total Failing 16 47 No User Fee 12 31 > 10% Increase 4 15 5% Total Failing 12 30 No User Fee 8 16 > 10% Increase 4 15 10% Total Failing 8 23 No User Fee 8 11 > 10% Increase 0 11 6 3. Barrier to Entry Analysis To evaluate potential effects to new aquaculture facilities, EPA examined possible barriers to entry to a new commercial facility with annual production planned to be in the 20,000 lb to 100,000 lb range resulting from the final CAAP rule. First, EPA examines the proportion of commercial facilities that incur no costs under each option ( Table 7). Fewer than one in ten facilities incur no costs under Options A or B.

Second, EPA examines the proportion of commercial facilities with no land or capital costs under each option. Nearly two thirds of the facilities incur no land or capital costs under Options A or B. That is, although almost all facilities incur costs, the costs are annual costs rather than land or capital for two of every three facilities.

Third, for the subset of companies with incremental land or capital costs, EPA examines the ratio of those costs to total company assets. This comparison is calculated on company data because asset data were collected only at the company level. ( Facility weights cannot be used for the company analyses.) EPA calculates the ratio for each company and took the average of the ratios. The incremental land and capital costs, where they were incurred, are nearly 1.5 percent of total assets, see Table 8.

Table 7 Percent of Facilities Costed by Option for Facilities Producing Between 20,000 to 100,000 Pounds/ Year No Land or Option Total Costed Percent Not Costed Percent Capital Costs Percent Option A 81 76 93% 5 7% 52 64% Option B 81 76 93% 5 7% 52 64% Option 1 81 76 93% 5 7% 81 100% Option 2 81 76 93% 5 7% 52 64% Option 3 81 81 100% 0 0% 11 14% 7 Table 8 Average Ratio of Land and Capital Costs over Total Assets for Facilities Producing Between 20,000 to 100,000 Pounds/ Year Only Facilities All With Land/ Option Facilities Capital Costs Option A 0.53% 1.42% Option B 0.53% 1.42% Option 1 0.00% NA Option 2 0.53% 1.42% Option 3 4.21% 4.81%

NA: No facilities exist


[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Notices]
[Page 26775]
[FR Doc No: 2012-10905]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4057-DR; Docket ID FEMA-2012-0002]

Kentucky; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4057-DR), dated March 6, 2012,
and related determinations.

DATES: Effective Date: April 12, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of March 6, 2012.

    Adair County for Public Assistance.
    Bath County for Public Assistance (already designated for
Individual Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-10905 Filed 5-4-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Rules and Regulations]
[Pages 54910-54913]
[FR Doc No: 2014-21573]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0659; FRL-9916-43-Region-8]

Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Revisions to the Wyoming Air Quality Standards and
Regulations; Ambient Standards for Nitrogen Oxides and for Ozone

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a State Implementation Plan (SIP) revision
submitted by the State of Wyoming. The revision affects Wyoming's Air
Quality Standards and Regulations (WAQSR) regarding ambient standards
for nitrogen oxides (NOX) and for ozone. This action is
being taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective November 14, 2014 without further notice,
unless EPA receives adverse comment by October 15, 2014. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0659, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-Mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, EPA, Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. Such
deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30
p.m., excluding federal holidays. Special arrangements should be made
for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0659. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA, without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129.
EPA requests that if at all possible, you contact the individual listed
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Pratt, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303)
312-6575<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (ii) The initials CFR mean the Code of Federal Regulations.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials NAAQS mean National Ambient Air Quality
Standard.
    (v) The initials NOX mean or refer to oxides of
nitrogen (NO, NO2, NO3).
    (vi) The initials ppb mean or refer to parts per billion.
    (vii) The initials ppm mean or refer to parts per million.
    (viii) The initials SIP mean or refer to State Implementation
Plan.
    (ix) The initials WAQSR mean Wyoming Air Quality Standards and
Regulations.
    (x) The words Wyoming and State mean the State of Wyoming.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. Background of Wyoming's Submissions

    On January 30, 2013 the State of Wyoming submitted to EPA a formal
revision package detailing portions of rulemaking R-20 as revisions to
Wyoming's SIP. These revisions amend the WAQSR. In particular, Wyoming
has revised Chapter 2, ``Ambient Standards,'' section 3, ``Ambient
standards for nitrogen oxides,'' section 6, ``Ambient standards for
ozone,'' and section 12, ``Incorporation by reference.''
    The Wyoming Environmental Quality Council made these changes by
amending WASQR Chapter 2, including sections 3, 6 and 12, via
rulemaking R-20 on October 5, 2012. In accordance with the Wyoming
Administrative Procedures Act, the revisions were forwarded to the
Wyoming Governor's Office where they were approved, and then
transmitted to the Wyoming Secretary of State's office and became
effective on December 19, 2012. All necessary State reviews and
approvals have been secured.
    Chapter 2, section 3, the nitrogen oxides ambient standard, was
revised to make the State nitrogen oxides standard consistent with the
federal regulations, but no more stringent than federal standards.
Chapter 2, section 6, the ozone ambient standard, was revised to make
the State ozone standard consistent with the federal regulations, but
no more stringent than federal standards. Section 12 of Chapter 2,
``Incorporation by reference,'' was revised to adopt by reference Part
50--National Primary and Secondary Ambient Air Quality Standards, from
the Code of Federal Regulations (CFR) revised as of July 1, 2011.

III. EPA's Evaluation of Wyoming's Submissions

    The SIP revisions in the January 30, 2013 submittal that we are
acting on in this document involve the WASQR Chapter 2, ``Ambient
Standards,'' section 3, ``Ambient standards for nitrogen oxides,''
section 6, ``Ambient standards for ozone,'' and section 12,
``Incorporation by reference.'' To determine if Wyoming's submissions
should be approved by EPA, EPA must evaluate the submissions for
consistency with the CAA and EPA regulations.
    Chapter 2, section 3, the nitrogen oxides ambient standard, was
amended to make the State nitrogen oxides ambient standards consistent
with federal standards, but no more stringent than federal standards.
The section now sets the level of the primary annual ambient air
quality standard for oxides of nitrogen as: 53 Parts per billion (ppb),
annual average concentration, measured in the ambient air as nitrogen
dioxide; the level of the primary 1-hour ambient air quality standard
for oxides of nitrogen as 100 ppb, 1-hour average concentration,
measured in the ambient air as nitrogen dioxide; and, the level of the
secondary ambient air quality standard for nitrogen dioxide as 0.053
parts per million (ppm), annual arithmetic mean concentration. The
change defines that the levels of the standards are measured by: A
reference method based on 40 CFR part 50, Appendix F; or, a federal
equivalent method designated in accordance with 40 CFR part 53. The
revision defines that the annual primary standard is met when the
annual average concentration in a calendar year is less than or equal
to 53 ppb, as determined in accordance with Appendix S of 40 CFR part
50 for the annual standard, and that the 1-hour primary standard is met
when the three-year average of the annual 98th percentile of the daily
maximum 1-hour average concentration is less than or equal to 100 ppb,
as determined in accordance with Appendix S of 40 CFR part 50 for the
1-hour standard. Further, the revision details that the secondary
standard is attained when the annual arithmetic mean concentration in a
calendar year is less than or equal to 0.053 ppm, rounded to three
decimal places, and finally that to demonstrate attainment, an annual
mean must be based upon hourly data that are at least 75 percent
complete or upon data derived from manual methods that are at least 75
percent complete for the scheduled sampling days in each calendar
quarter. These revisions correlate with 40 CFR 50.11(a) through (g),
bringing the applicable portions of the WASQR in compliance with the
requirements of 40 CFR part 50 as of the January 30, 2013 date of
Wyoming's submittal.
    Also in the rulemaking, Chapter 2, section 6 was revised to make
the State ozone standards consistent with federal standards, but no
more stringent than federal standards. The section now sets the level
of the 8-hour primary and secondary ambient air quality standards for
ozone as 0.075 ppm daily maximum 8-hour average, measured by a
reference method based on Appendix D to 40 CFR part 50 and designated
in accordance with 40 CFR part 53 or an equivalent method designated in
accordance with 40 CFR part 53. It also defines that the 8-hour primary
and secondary standard ozone ambient air quality standards are met at
an ambient air quality monitoring site when the 3-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentration
is less than or equal to 0.075 ppm, as determined in accordance with 40
CFR part 50, Appendix P. These revisions correlate with 40 CFR 50.15(a)
and (b), bringing the applicable portions of the WASQR in compliance
with the requirements of 40 CFR part 50 as of the January 30, 2013 date
of Wyoming's submittal.
    Finally, in rulemaking R-20, Chapter 2, section 12 ``Incorporation
by reference'' was revised to adopt by reference from the CFR for July
1, 2011. These changes correlate with the applicable requirements of 40
CFR part 50 as of the January 30, 2013 date of Wyoming's submittal.
    EPA has reviewed Wyoming's rule amendments and additions analyzed
above. The rules mirror applicable language in 40 CFR part 50. The
changes quoted above provide the regulation necessary for the State to
determine compliance with the CAA for the nitrogen oxides and ozone
NAAQS. Therefore, these WAQSR changes and additions are consistent with
the CAA and EPA regulations. As a result, EPA is approving a SIP
revision submitted by the State of Wyoming consisting of the above
discussed applicable portions of rulemaking R-20 submitted on January
30, 2013 to EPA.

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, EPA cannot approve a SIP revision
if the revision would interfere with any applicable requirements
concerning attainment and reasonable further progress toward attainment
of the NAAQS or any other applicable requirement of the Act. In
addition, section 110(l) requires that each revision to an
implementation plan submitted by a state shall be adopted by such state
after reasonable notice and public hearing.
    The Wyoming SIP revisions that EPA approves in this rulemaking do
not

interfere with attainment of the NAAQS or any other applicable
requirement of the Act. The applicable portions of Wyoming's rulemaking
R-20 simply makes the State nitrogen oxides and ozone ambient standards
consistent with federal standards, but no more stringent than federal
standards, and adopts by reference as appropriate from the CFR for July
1, 2011. The revisions were adopted after reasonable public notice, and
after a public hearing held on October 5, 2012. All necessary State
reviews and approvals have been secured. Therefore, CAA section 110(l)
requirements are satisfied.

V. Final Action

    EPA is approving SIP revisions that Wyoming submitted to EPA on
January 30, 2013. The Environmental Quality Council of the Wyoming
Department of Environmental Quality adopted revisions to Chapter 2,
``Ambient Standards,'' section 3, ``Ambient standards for nitrogen
oxides,'' section 6, ``Ambient standards for ozone,'' and section 12,
``Incorporation by reference,'' of the WAQSR as revisions to the SIP.
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are filed. This rule will be effective November 14, 2014 without
further notice unless we receive adverse comments by October 15, 2014.
If we receive adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if we receive adverse comments on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 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
rule 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.
section 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 November 14, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organization compounds.

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

    Dated: August 25, 2014.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart ZZ--Wyoming

0
2. In Sec.  52.2620, the table in paragraph (c)(1) is amended under
Chapter 2 by revising the entries for sections 3 and 6

and section 12, as added at 79 FR 50840, August 26, 2014, and effective
October 27, 2014, to read as follows:

Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                                     State adopted
           State citation                     Title/subject          and effective    EPA approval date and citation              Explanations
                                                                         date                      \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Chapter 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 3...........................  Ambient standards for             10/5/2012,  09/15/2014,                        .................................
                                       nitrogen oxides..                12/19/2012  [insert Federal Register
                                                                                citation]

                                                                      * * * * * * *
Section 6...........................  Ambient standards for ozone.      10/5/2012,  09/15/2014,                        .................................
                                                                        12/19/2012  [insert Federal Register
                                                                                citation]

                                                                      * * * * * * *
Section 12..........................  Incorporation by reference..      10/5/2012,  09/15/2014,                        .................................
                                                                        12/19/2012  [insert Federal Register
                                                                                citation]

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this
  column for that particular provision.

* * * * *
[FR Doc. 2014-21573 Filed 9-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]
[Page 62517-62518]
[DOCID:fr12oc10-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13802-000]

California Water Service Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

October 1, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit exemption.
    b. Project No.: 13802-000.
    c. Date filed: June 29, 2010.
    d. Applicant: California Water Service Company.
    e. Name of Project: Palos Verdes Energy Recovery Project.
    f. Location: The proposed Palos Verdes Energy Recovery Project
would be located at 5837 Crest Road West, City of Rancho Palos Verdes
in Los Angeles County, California. The land on which all the project
structures are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Erin McCauley, P.E., Manager of Design,
California Water Service Company, 1720 North First Street, San Jose, CA
95112-4598, Telephone<PHONE_NUMBER>.
    i. FERC Contact: Jake Tung, telephone<PHONE_NUMBER>, and e-mail
address<EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
and location of the proposed project in a closed system, as well as the
resource agency consultation letters filed with the application, the
60-day timeframe specified in 18 CFR 4.43(b) for filing all comments,
motions to intervene, protests, recommendations, terms and conditions,
and prescriptions is shortened to 30 days from the issuance date of
this notice. All reply comments filed in response to comments submitted
by any resource agency, Indian tribe, or person, must be filed with the
Commission within 45 days from the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii).
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. The Commission strongly encourages electronic
filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in 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.
    l. Description of Project: The proposed Palos Verdes Energy
Recovery Project would consist of: (1) A proposed concrete pad located
above the existing vault with no physical changes to the existing
cement infrastructure; (2) one reverse-pump turbine generator unit with
a rated capacity of 325 kW; (3) the turbine generator unit to be
installed within the pipeline using custom piping, T-flanges and
electronic valves; and (4) appurtenant facilities. The project
construction is tentatively scheduled to begin in December 2010 and to
be commissioned in January 2011. The project would produce an estimated
annual generation of 2,000,000 kilowatt-hours that would be sold to
Southern California Edison.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street,
NE., Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number
(P-13802) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676. For TTY, call (202) 502-
8659. A copy is also available for review and reproduction at the
address in item h above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.

    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``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 protesting or intervening; 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 may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original and seven copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy Regulatory Commission, at the above address. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.
    r. Waiver of Pre-filing Consultation: In a letter dated April 1,
2010, the applicant requested the agencies' support to waive the
Commission's consultation requirements under 18 CFR 4.38(c). On June 4,
2010, the U.S. Fish and Wildlife Service (FWS) recommended that a
habitat assessment be completed to assess the potential for federally
listed species to occur within the project area. In response, the
applicant provided a report stating that the proposed construction will
have no impact to federally listed species. No other comments were
received. Therefore, we intend to accept the consultation that has
occurred on this project during the pre-filing period and we intend to
waive pre-filing consultation under section 4.38(c), which requires,
among other things, conducting studies requested by resource agencies,
and distributing and consulting on a draft exemption application.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25511 Filed 10-8-10; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved the lives of loved ones and I hope to have everyone I care about, and friends of friends, etc...to eventually stop smoking, and there has never been a more pleasurable and safer route to do so than what our e-cigs have allowed. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


 From:	Gina McCarthy/DC/USEPA/US To<EMAIL_ADDRESS>Janet McCabe/DC/USEPA/US@EPA, John Hannon/DC/USEPA/US@EPA, <EMAIL_ADDRESS>Date:	06/14/2012 07:56 PM Subject:	ES

I spoke with Bob and he suggests that we make the following revision to the first paragraph and delete the later reference

Sections 108 and 109 of the Clean Air Act (CAA) govern the establishment, review, and revision, as appropriate, of the national ambient air quality standards (NAAQS) to protect public health and welfare. The CAA requires periodic review of the air quality criteria  -  the science upon which the standards are based  -  and the standards themselves. This proposed rulemaking is being done pursuant to these statutory requirements. The schedule for this proposed rule is set out in a court order.