[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Page 43595]
[FR Doc No: 2016-15794]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-93-000]

NextEra Energy Resources, LLC PSEG Companies v. ISO New England
Inc.; Notice of Complaint

    Take notice that on June 24, 2016, pursuant to section 206 of the
Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206, NextEra Energy Resources, LLC and PSEG Companies
(Complainants) filed a formal complaint against ISO New England Inc.
(Respondent) seeking revision of the ISO New England Inc.'s
Transmission, Markets and Services Tariff. Complainants assert that
such revisions will ensure that prices in ISO New England energy and
capacity markets will remain just and reasonable, as more fully
explained in the complaint.
    Complainants certifies that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on July 14, 2016.

    Dated: June 27, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-15794 Filed 7-1-16; 8:45 am]
 BILLING CODE 6717-01-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Rules and Regulations] [Pages 39775-39777] [FR Doc No: 2011-16881]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0404; FRL-9430-2]

Approval and Promulgation of Air Quality Implementation Plans;

Louisiana; Determination of Termination of Section 185 Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA has determined that the State of Louisiana is no

longer required to submit a section 185 fee program State

Implementation Plan (SIP) revision for the Baton Rouge ozone

nonattainment area to satisfy anti-backsliding requirements for the 1-

hour ozone standard. This determination (``Termination Determination'')

is based on complete, quality-assured monitoring data showing

attainment of the 1-hour ozone National Ambient Air Quality Standard

(NAAQS), which is due to permanent and enforceable emission reductions

implemented in the area.

DATES: This rule is effective August 8, 2011.

ADDRESSES: EPA has established a docket for this action under Docket

No. EPA-R06-OAR-2010-0404. All documents in the docket are listed in

the http://www.regulations.gov index. Publicly available docket

materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Planning Section (6PDL),

Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,

Texas 75202-2733. The file will be made available by appointment for

public inspection in the Region 6 FOIA Review Room between the hours of

8:30 a.m. and 4:30 p.m. weekdays except for legal holidays.

    Contact the person listed in the FOR FURTHER INFORMATION CONTACT

paragraph below to make an appointment. If possible, please make the

appointment at least two working days in advance of your visit. There

will be a fee of 15 cents per page for making photocopies of documents.

On the day of the visit, please check in at the EPA Region 6 reception

area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning

Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross

Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>,

fax (214)

665-7263, e-mail address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''

``us,'' or ``our'' is used, we mean EPA.

    Organization of this document. The following outline is provided to

aid in locating information in this preamble.

I. What action is EPA taking?

II. What is the background and legal rationale for this final

action?

III. What is the effect of this final action?

IV. What is EPA's final analysis?

    a. Attainment of the 1-Hour Ozone Standard

    b. Permanent and Enforceable Emission Reductions

V. What comments did EPA receive?

VI. Final Action

VII. Statutory and Executive Order Reviews

I. What action Is EPA taking?

    EPA has determined that Louisiana is no longer required to submit a

Clean Air Act section 185 fee program SIP revision for the Baton Rouge

1-hour ozone nonattainment area to satisfy anti-backsliding

requirements associated with the transition from the 1-hour ozone

standard to the 1997 8-hour ozone standard. This Termination

Determination is based on EPA's determination that the area is

attaining the 1-hour ozone standard due to permanent and enforceable

emission reductions implemented in the area. EPA's determination

terminates the area's obligation to submit a section 185 fee program

SIP revision for the 1-hour ozone standard.

II. What is the background and legal rationale for this final action?

    For a detailed description of the background and legal rationale

for this final action, see our proposed approval, published March 29,

2011 (76 FR 17368).

III. What is the effect of this final action?

    By finalizing this action, we are terminating the requirement for

the State of Louisiana to submit a CAA section 185 penalty fee 1-hour

ozone anti-backsliding SIP revision, which would have required major

stationary sources in the Baton Rouge area to pay fees as a penalty for

failure to attain the 1-hour ozone standard by the area's 1-hour ozone

attainment date.\1\

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    \1\ For the reasons set forth in the proposal to this final

action, a final approval of the Termination Determination for the 1-

hour standard section 185 measures will not be rescinded based on

subsequent monitored nonattainment for the 1-hour ozone standard.

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IV. What is EPA's final analysis?

    EPA's final Termination Determination is based upon EPA's

determination that the BR area is attaining the 1-hour ozone standard

due to permanent and enforceable emission reductions implemented in the

area, as detailed in our proposal for this final action.

a. Attainment of the 1-Hour Ozone Standard

    As noted above, EPA determined that the Baton Rouge 1-hour ozone

nonattainment area attained the 1-hour ozone NAAQS. For the details of

that determination see our final action at 75 FR 6570 (February 10,

2010). As discussed in our proposal, EPA has also determined that the

area continues to monitor attainment of the 1-hour ozone standard,

based on complete, quality-assured data for 2010. 76 FR 17368, March

29, 2011.

    EPA notes that, on September 9, 2010, EPA determined that the Baton

Rouge 1997 8-hour ozone nonattainment area also attained the 1997 8-

hour ozone NAAQS. For the details of that determination see our final

action at 75 FR 54778 (September 9, 2010).\2\

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    \2\ A final determination that attainment for the 8-hour

standard is due to permanent and enforceable emissions reductions

would provide an additional basis for a Termination Determination

for Baton Rouge, but EPA has not yet made such a determination and

therefore does not rely on that ground here.

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b. Permanent and Enforceable Emission Reductions

    EPA is finalizing its determination that the BR area demonstrated

that the observed air quality improvements with respect to the 1-hour

ozone standard are due to permanent and enforceable emission reductions

through the implementation of emission controls contained in the SIP

and in federal control measures. For a detailed analysis of these

permanent and enforceable measures, please see our proposal at 76 FR

17371-17372.

V. What comments did EPA receive?

    EPA received thirteen comment letters in response to the proposed

rulemaking. The comment letters are available for review in the docket

for this rulemaking. All commenters expressed support for our proposed

action, and no adverse comments were received. Comments were submitted

by American Chemistry Council, American Petroleum Institute or ``API'',

BASF, Entergy Gulf State Louisiana L.L.C, National Petrochemical &

Refiners Association (``NPRA''), PCS Nitrogen Fertilizer, Shell

Chemical LP, Syngenta Crop Protection LLC, Williams Olefins, LLC

(Williams), ExxonMobil, Calpine Corporation (Calpine), Louisiana

Chemical Association, the Baton Rouge Area Chamber, and the Louisiana

Mid-Continent Oil and Gas Association, (collectively, the

Associations), and Baker Botts (through the Section 185 Working Group

(the ``Group''). In addition to expressing support, some comments also

addressed additional points relating to requirements under section 185

and triggers for applicability, as well as other issues which EPA

considers to be outside the scope of this Termination Determination

rulemaking, which-addresses only the circumstances relating to

termination of the section 185 SIP obligation, and thus EPA need not

address such comments here.

VI. Final Action

    For the reasons set forth in the proposed rulemaking and in this

final rulemaking, EPA is finalizing its determination to terminate

(Termination Determination) the section 185 fee penalty requirement for

the Baton Rouge area for the 1-hour ozone standard. This final

determination is based on EPA's determination that the area has

attained and continues to attain the 1-hour ozone standard due to

permanent and enforceable emissions reductions.

VII. Statutory and Executive Order Reviews

    This action makes a determination of termination of the CAA section

185 penalty fee requirement based on attainment of the 1-hour ozone

standard due to permanent and enforceable emission reductions, and

results in the termination of the section 185 fee requirements for the

1-hour standard, and does not impose any additional requirements. 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);

     [Igr]s not subject to the 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 Clean Air Act; 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. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this action and

other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rules in the Federal Register. A major rule

cannot take effect until 60 days after it is published in the Federal

Register. This action is not a ``major rule'' as defined by 5 U.S.C.

804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of these actions must be filed in the United States

Court of Appeals for the appropriate circuit by September 6, 2011.

Filing a petition for reconsideration by the Administrator of these

final rules does not affect the finality of this action for the

purposes of judicial review nor does it extend the time within which a

petition for judicial review may be filed, and shall not postpone the

effectiveness of such rule or action. This action may not be challenged

later in proceedings to enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 23, 2011.

Al Armendariz,

Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0

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

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

Subpart T--Louisiana

0

2. Section 52.977 is amended by adding paragraph (c) to read as

follows:

Sec.  52.977  Control strategy and regulations: Ozone.

* * * * *

    (c) Determination to Terminate the Clean Air Act Section 185

Penalty Fee Requirement. Effective September 6, 2011 EPA has determined

that the State of Louisiana is no longer required to submit a section

185 fee program State Implementation Plan (SIP) revision for the Baton

Rouge ozone nonattainment area to satisfy anti-backsliding requirements

for the 1-hour ozone standard. This determination is based on EPA's

determination that the area has attained the 1-hour ozone standard due

to permanent and enforceable emissions reductions.

[FR Doc. 2011-16881 Filed 7-6-11; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86689-86693]
[FR Doc No: 2023-27404]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99127; File No. SR-NYSENAT-2023-28]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Harmonize
Rules 10.9261 and 10.9830

December 8, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on November 27, 2023, NYSE National, Inc. (``NYSE National'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the

proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. 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\ 15 U.S.C. 78a
    \3\ 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 harmonize Rules 10.9261 and 10.9830 with
recent changes by the Financial Industry Regulatory Authority, Inc.
(``FINRA'') that allow for video conference hearings under specified
conditions. The proposed rule change is available on the Exchange's
website at www.nyse.com, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to harmonize Rules 10.9261 (Evidence and
Procedure in Hearing) and 10.9830 (Hearing) with recent changes by
FINRA to its Rules 9261 and 9830 that allow for video conference
hearings under specified conditions.
Background
    In 2018, NYSE National adopted disciplinary rules modeled on the
disciplinary rules of its affiliate NYSE American LLC and the FINRA
Rule 8000 Series and Rule 9000 Series, and which set forth rules for
conducting investigations and enforcement actions.\4\
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    \4\ See Securities Exchange Act Release Nos. 83289 (May 17,
2018), 83 FR 23968, 23976 (May 23, 2018) (SR-NYSENAT-2018-02)
(``2018 Approval Order'').
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    In adopting disciplinary rules modeled on FINRA's rules, NYSE
National adopted the hearing and evidentiary processes set forth in
Rule 10.9261 and in Rule 10.9830 for hearings in matters involving
temporary and permanent cease and desist orders under the Rule 9800
Series. As adopted, the text of Rule 10.9261 is identical to the
counterpart FINRA rule. Rule 10.9830 is also identical to FINRA's
counterpart rule, except for conforming and technical amendments.\5\
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    \5\ See id.
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    In 2020, given the spread of COVID-19 and its effect on FINRA's
adjudicatory functions nationwide, FINRA filed a temporary rule change
to grant FINRA's Office of Hearing Officers (``OHO'') and the National
Adjudicatory Council (``NAC'') the authority to conduct certain
hearings by video conference if warranted by the current COVID-19-
related public health risks posed by in-person hearings. Among the
rules FINRA amended were FINRA Rules 9261 and 9830.\6\
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    \6\ See Securities Exchange Act Release Nos. 83289 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027). FINRA
also proposed to temporarily amend FINRA Rules 1015 and 9524. FINRA
Rule 1015 governs the process by which an applicant for new or
continuing membership can appeal a decision rendered by FINRA's
Department of Member Supervision under FINRA Rule 1014 or 1017 and
request a hearing which would be conducted by a subcommittee of the
NAC. See id. The Exchange has not adopted FINRA Rule 1015. FINRA
Rule 9524 governs the process by which a statutorily disqualified
member firm or associated person can appeal the Department's
recommendation to deny a firm or sponsoring firm's application to
the NAC. See id. Under the Exchange's version of Rule 9524, if the
Chief Regulatory Officer rejects the application, the member
organization or applicant may request a review by the Exchange Board
of Directors. This differs from FINRA's process, which provides for
a hearing before the NAC and further consideration by the FINRA
Board of Directors.
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    In its filing, FINRA represented that its protocol for conducting
hearings by video conference would ensure that such hearings maintain a
fair process for the parties by, among other things, FINRA's use of a
high quality, secure and user-friendly video conferencing service and
provision of thorough instructions, training and technical support to
all hearing participants.\7\ According to FINRA, the changes were a
reasonable interim solution to allow FINRA's critical adjudicatory
processes to continue to function while protecting the health and
safety of hearing participants.\8\
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    \7\ See 85 FR at 55713.
    \8\ See id.
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    Given that FINRA and OHO administer disciplinary hearings on the
Exchange's behalf pursuant to a regulatory services agreement
(``RSA''),\9\ and that the public health concerns addressed by FINRA's
amendments applied equally to the Exchange's disciplinary hearings, in
2020 the Exchange also temporarily amended its disciplinary rules to
allow virtual hearings.\10\ Both FINRA \11\ and the Exchange \12\
extended the temporary relief several times due to the continuing
public health risks and logistical challenges related to COVID-19,
including whether hearing participants could safely travel and abide by
state or local quarantine requirements. The Exchange's temporary
amendments to Rules 10.9261 and 10.9830 expired on April 30, 2023.\13\
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    \9\ FINRA's OHO administers all aspects of Exchange
adjudications, including assigning hearing officers to serve as NYSE
National hearing officers. A hearing officer from OHO will, among
other things, preside over the disciplinary hearing, select and
chair the hearing panel, and prepare and issue written decisions.
The Chief or Deputy Hearing Officer for all Exchange disciplinary
hearings are currently drawn from OHO and are all FINRA employees.
The Exchange believes that OHO will utilize the same video
conference protocol and processes for Exchange matters under the RSA
as it proposes for FINRA matters.
    \10\ See Securities Exchange Act Release No. 90137 (October 8,
2020), 85 FR 65087 (October 14, 2020) (SR-NYSENAT-2020-31).
    \11\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042);
Securities Exchange Act Release No. 91495 (April 7, 2021), 86 FR
19306 (April 13, 2021) (SR-FINRA-2021-006); Securities Exchange Act
Release No. 92685 (August 17, 2021), 86 FR 47169 (August 23, 2021)
(SR-FINRA-2021-019); Securities Exchange Act Release No. 93758
(December 13, 2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-
31); Securities Exchange Act Release No. 94430 (March 16, 2022), 87
FR 16262 (March 22, 2022) (SR-FINRA-2022-004); Securities Exchange
Act Release No. 95281 (July 14, 2022), 87 FR 43335 (July 20, 2022)
(SR-FINRA-2022-018); Securities Exchange Act Release No. 96107
(October 19, 2022), 87 FR 64526 (October 25, 2022) (SR-FINRA-2022-
029); and Securities Exchange Act Release No. 96746 (January 25,
2023), 88 FR 6346 (January 31, 2023) (SR-FINRA-2023-001).
    \12\ See Securities Exchange Act Release No. 90822 (December 30,
2020), 86 FR 627 (January 6, 2021) (SR-NYSENAT-2020-39); Securities
Exchange Act Release No. 91634 (April 22, 2021), 86 FR 22477 (April
28, 2021) (SR-NYSENAT-2021-11); Securities Exchange Act Release No.
92908 (September 9, 2021), 86 FR 51424 (September 15, 2021) (SR-
NYSENAT-2021-16); Securities Exchange Act Release No. 93919 (January
6, 2022), 87 FR 1804 (January 12, 2022) (SR-NYSENAT-2021-25);
Securities Exchange Act Release No. 94662 (April 11, 2022), 87 FR
22601 (April 15, 2022) (SR-NYSENAT-2022-03); Securities Exchange Act
Release No. 95476 (August 11, 2022), 87 FR 50668 (August17, 2022)
(SR-NYSENAT-2022-14); Securities Exchange Act Release No. 96262
(November 8, 2022), 87 FR 68540 (November 15, 2022) (SR-NYSENAT-
2022-24); and Securities Exchange Act Release No. 96868 (February 9,
2023), 88 FR 9930 (February 15, 2023) (SR-NYSENAT-2023-006).
    \13\ See Securities Exchange Act Release No. 96868 (February 9,
2023), 88 FR 9930 (February 15, 2023) (SR-NYSENAT-2023-006)
(extending the expiration date of the temporary rule amendments to,
among other rules, FINRA Rules 9261 and 9830 from January 31, 2023
to April 30, 2023). The temporary amendments expired on April 30,
2023, because the Exchange did not file another proposed rule change
again extending the temporary amendments beyond that date. See id.
at 9931.

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    Recently, the Commission approved FINRA's proposal to make the
temporary amendments regarding video conference hearings permanent,
with some modifications, to permit the use of video conferences for
reasons beyond COVID-19.\14\ Specifically, FINRA amended, among other
rules, FINRA Rules 9261 and 9830 to extend OHO's authority to order
hearings by video conference to other similar situations in which
proceeding in person could endanger the health or safety of the
participant or alternatively would be impracticable (e.g., an uncommon
situation or extraordinary circumstances such as a natural disaster or
terrorist attack that caused travel to be cancelled for an extended
period of time).\15\ As approved, OHO has discretion to determine
whether the circumstances for a video hearing have been met and can act
quickly if a future unexpected event impairs their ability to conduct
in-person hearings safely.\16\ In addition, OHO has authority to order
hearings to occur by video conference based on a motion, which was not
permitted under the previous temporary amendments to FINRA Rules 9261
and 9830.\17\
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    \14\ See Securities Exchange Act Release Nos. 98029 (August 4,
2023), 88 FR 51879 (August 4, 2023) (SR-FINRA-2023-008) (Order
Approving a Proposed Rule Change To Amend FINRA Rules 1015, 9261,
9341, 9524, 9830 and Funding Portal Rule 900 (Code of Procedure) To
Permit Hearings Under Those Rules To Be Conducted by Video
Conference) (``FINRA Approval Order'').
    \15\ See FINRA Approval Order, 88 FR at 51880.
    \16\ See id.
    \17\ See id.
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    As the FINRA Approval Order noted, FINRA represented that it will
utilize the same protocols for conducting video conference hearings as
those employed under the temporary amendments, including using a high
quality, secure, user-friendly video conferencing service and providing
thorough instructions, training, and technical support to all hearing
participants.\18\ In addition, the FINRA Approval Order noted that,
according to FINRA, the parties could file a joint motion requesting
the hearing to occur, in whole or in part, by video conference based on
a showing of good cause. In-person hearings, however, would remain the
default method for conducting hearings.\19\
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    \18\ See id.
    \19\ See id.
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    Further, as noted in the FINRA Approval Order, given the nature of
evidentiary hearings,\20\ which often occur over multiple days and
generally include numerous documents in evidence and witness testimony,
motions for a hearing by video conference would need to be joined by
all parties, and even joint motions could be denied if the adjudicator
determines that good cause has not been shown.\21\ According to FINRA,
OHO would have reasonable discretion based on a joint motion of the
parties to exercise its authority to determine whether a hearing should
occur by video conference under the proposed rule change.\22\ Moreover,
in deciding whether to schedule a hearing by video conference, OHO
could consider and balance a variety of factors including, for example
and without limitation, a hearing participant's individual health
concerns and access to the connectivity and technology necessary to
participate in a video conference hearing. Additionally, as noted
above, OHO may consider whether a situation is uncommon or there are
extraordinary circumstances.\23\
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    \20\ As used herein, ``evidentiary hearings'' refers to hearings
conducted before OHO under Rules 10.9261 and 10.9830. See id., 88 FR
at 51880, n. 25.
    \21\ See id. at 51881.
    \22\ See id.
    \23\ See text accompanying note 15, supra.
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    Finally, the FINRA Approval Order noted that for approximately two
and a half years, while the temporary amendments were in effect, OHO
successfully conducted numerous hearings by video conference using
Zoom, a system which was vetted by FINRA's information technology
staff.\24\ FINRA stated that this use of video conference technology
has been an effective and efficient alternative to in-person
hearings.\25\
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    \24\ See FINRA Approval Order, 88 FR at 51880.
    \25\ See id.
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    As discussed below, the Exchange proposes to delete the temporary
rule text in Rule 10.9261 and Rule 10.9830 permitting video conferences
that expired earlier this year and replace it with rule text based on
FINRA's recently approved amendments to its Rules 9261 and 9830
permitting video conference hearings under specified conditions.
Proposed Rule Change
    NYSE National Rule 10.9261(b) provides that if a disciplinary
hearing is held, a party shall be entitled to be heard in-person, by
counsel, or by the party's representative. Similarly, NYSE National
Rule 10.9830 outlines the requirements for hearings for temporary and
permanent cease and desist orders. NYSE National Rule 10.9830(a),
however, does not specify that a party shall be entitled to be heard
in-person, by counsel, or by the party's representative. Consistent
with FINRA's temporary amendment to FINRA Rules 9261 and 9830 that
expired earlier this year, both NYSE National rules temporarily granted
the Chief or Deputy Chief Hearing Officer temporary authority to order,
upon consideration of COVID-19-related public health risks presented by
an in-person hearing, that a hearing under those rules be conducted by
video conference.
    The Exchange proposes to delete the temporary amendments to Rules
10.9261 and 10.9830 and conform these rules to FINRA Rules 9261 and
9830 as recently amended. The Exchange would add text to the rules
permitting the Chief or Deputy Chief Hearing Officer to order the
hearing to be conducted in whole or in part by video conference
consistent with the FINRA Approval Order either based upon an
assessment that proceeding in person may endanger the health or safety
of the participants or would be impracticable or upon consideration of
a joint motion of the parties for good cause shown. As noted, FINRA has
adopted a detailed and thorough protocol to ensure that hearings
conducted by video conference will maintain a fair process for the
parties.\26\ Moreover, the proposed rule change would modernize
existing procedures and allow parties who jointly prefer video
conference to potentially save travel costs and time. As proposed, the
use of video conferences would be limited and controlled, and in-person
hearings would continue to be the default method for conducting
hearings.\27\ Furthermore, the proposed rule includes procedural
safeguards to ensure fairness, such as the requirement for evidentiary
hearings that any motions be joined by all parties and show good
cause.\28\ The Exchange believes that this is a reasonable procedure to
follow in hearings under Rules 10.9261 and 10.9830 chaired by a FINRA
employee.
---------------------------------------------------------------------------

    \26\ See text accompanying notes 7 & 18, supra.
    \27\ See FINRA Approval Order, 88 FR at 51882.
    \28\ See id.
---------------------------------------------------------------------------

    To effectuate these changes, the Exchange proposes to add the
following deletions (bracketed) and additions (italicized) to Rule
10.9261(b):

    If a hearing is held, a Party shall be entitled to be heard in
person, by counsel, or by the Party's representative. [Upon
consideration of the current public health risks presented by an in-
person hearing, the Chief Hearing Officer or Deputy Chief Hearing
Officer may, on a temporary basis, determine that the hearing shall
be conducted, in whole or in part, by video conference.]Upon a
determination that proceeding in person may endanger the health or
safety of the participants or would be impracticable, or upon
consideration of a joint motion of the Parties for good cause shown,
the Chief Hearing Officer or Deputy Chief Hearing

Officer may, in the exercise of reasonable discretion, order the
hearing to be conducted, in whole or in part, by video conference.

    The proposed text is identical to the language adopted by
FINRA.\29\
---------------------------------------------------------------------------

    \29\ See Exchange Act Release No. 97403 (May 4, 2023), 88 FR
28645 (May 4, 2023) (File No. SR-FINRA-2023-008) (Notice of Filing
of a Proposed Rule Change To Amend FINRA Rules 1015, 9261, 9341,
9524, 9830 and Funding Portal Rule 900 (Code of Procedure) To Permit
Hearings Under Those Rules To Be Conducted by Video Conference).
---------------------------------------------------------------------------

    Similarly, the Exchange proposes the following deletions and
additions to Rule 10.9830(a):

    The hearing shall be held not later than 15 days after service
of the notice and filing initiating the temporary cease and desist
proceeding, unless otherwise extended by the Chief Hearing Officer
or Deputy Chief Hearing Officer for good cause shown. If a Hearing
Officer or Hearing Panelist is recused or disqualified, the hearing
shall be held not later than five days after a replacement Hearing
Officer or Hearing Panelist is appointed. [Upon consideration of the
current public health risks presented by an in-person hearing, the
Chief Hearing Officer or Deputy Chief Hearing Officer may, on a
temporary basis, determine that the hearing shall be conducted, in
whole or in part, by video conference.]Upon a determination that
proceeding in person may endanger the health or safety of the
participants or would be impracticable, or upon consideration of a
joint motion of the Parties for good cause shown, the Chief Hearing
Officer or Deputy Chief Hearing Officer may, in the exercise of
reasonable discretion, order the hearing to be conducted, in whole
or in part, by video conference.

    Once again, the proposed language is identical to the language
adopted by FINRA.\30\
---------------------------------------------------------------------------

    \30\ See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\31\ in general, and furthers the objectives of Section
6(b)(5),\32\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\33\
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b).
    \32\ 15 U.S.C. 78f(b)(5).
    \33\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule changes support the
objectives of the Act by harmonizing Exchange rules modeled on FINRA's
rules, resulting in less burdensome and more efficient regulatory
compliance. As previously noted, the additional text proposed for Rule
10.9261 and Rule 10.9830 is identical to the text in the counterpart
FINRA rules. As such, the proposed rule change would facilitate rule
harmonization among self-regulatory organizations with respect to the
conduct of video conference hearings, thereby fostering cooperation and
coordination with persons engaged in facilitating transactions in
securities and will remove impediments to and perfect the mechanism of
a free and open market and a national market system.
    The Exchange believes that the proposed rule change protects
investors and the public interest by permitting the use of broadly
available technology to allow hearings to proceed by video conference
under certain circumstances. The Exchange's disciplinary proceedings
serve a critical role in providing investor protection and maintaining
fair and orderly markets by, for example, sanctioning misconduct and
preventing further customer harm by members and associated persons. The
proposed rule change would encourage the prompt resolution of these
cases while preserving fair process. The Exchange believes that this is
especially important in matters where temporary and permanent cease and
desist orders are sought because the proposed rule change would enable
those hearings to proceed without delay, thereby enabling the Exchange
to take immediate action to stop significant, ongoing customer harm, to
the benefit of the investing public.
    The proposed rule change promotes efficiency by permitting hearings
to occur by video conference in situations where the hearings would
otherwise be postponed for an uncertain period of time. Moreover, as
noted, FINRA will utilize the same protocols for conducting video
conference hearings as those employed under the temporary amendments,
including using a high quality, secure, user-friendly video
conferencing service and providing thorough instructions, training, and
technical support to all hearing participants.\34\ Moreover, the Chief
or Deputy Chief Hearing Officer may take into consideration, among
other things, a hearing participant's individual health concerns and
access to the connectivity and technology necessary to participate in a
video conference hearing.\35\
---------------------------------------------------------------------------

    \34\ See FINRA Approval Order, 88 FR at 51880.
    \35\ See id. at 51881 & n. 36.
---------------------------------------------------------------------------

    For the same reasons, the Exchange believes that the proposed
changes are designed to provide a fair procedure for the disciplining
of members and persons associated with members, consistent with
Sections 6(b)(7) and 6(d) of the Act.\36\ The Exchange believes that
the proposed rule change provides a fair procedure by allowing hearings
to proceed by video conference not only due to public health or safety
reasons, but also at a party or the parties' request for reasons
particular to them. The Chief or Deputy Chief Hearing Officer could
allow a hearing to proceed by video conference in the exercise of
reasonable discretion and subject to procedural safeguards that ensure
fairness, including the requirement that any motions be joined by all
parties and show good cause. Overall, the proposed rule change
represents a significant step toward modernizing disciplinary process
procedures in a manner that preserves in-person hearings but allows for
the use of video conference technology under certain circumstances.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(7) and 78f(d).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but is rather intended
solely to create permanent rules that would allow video conference
hearings if OHO determines that proceeding in person may endanger the
health or safety of the participants or would be impracticable, or
where both parties prefer doing so and show good cause, thereby
providing greater harmonization with approved FINRA rules.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section

19(b)(3)(A)(iii) of the Act \37\ and Rule 19b-4(f)(6) thereunder.\38\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\39\
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \38\ 17 CFR 240.19b-4(f)(6).
    \39\ Rule 19b-4(f)(6)(iii) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change, along with a brief description and
text of the proposed rule change, at least five business days prior
to the date of filing of the proposed rule change, or such shorter
time as designated by the Commission. The Exchange has satisfied
this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \40\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\41\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \40\ 17 CFR 240.19b-4(f)(6).
    \41\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \42\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSENAT-2023-28 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-NYSENAT-2023-28. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
    All submissions should refer to file number SR-NYSENAT-2023-28 and
should be submitted on or before January 4, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
---------------------------------------------------------------------------

    \43\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27404 Filed 12-13-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52383-52384]
[FR Doc No: 2011-21399]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2011-0126]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for public comment on proposed collection of
information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes one collection of information for which
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before October 21, 2011.

ADDRESSES: You may submit comments, identified by the docket number in
the heading of this document, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments on
the electronic docket site by clicking on ``Help'' or ``FAQ.''
     Hand Delivery: 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Regardless of how you submit comments, you should mention the
docket number of this document.
    You may call the Docket Management Facility at<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Kil-Jae Hong, NHTSA, 1200 New Jersey
Avenue SE., W52-232, NPO-520, Washington, DC 20590. Ms. Hong's
telephone number is<PHONE_NUMBER> and e-mail address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5CFR
1320.8(d), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information for which
the agency is seeking approval from OMB:
    Title: 49 CFR 575--Consumer Information Regulations (sections 103
and 105) Quantitative Research.
    OMB Control Number: Not Assigned.
    Form Number: None.
    Affected Public: Passenger vehicle consumers.

    Requested Expiration Date of Approval: Three years from approval
date.
    Abstract: The Energy Independence and Security Act of 2007 (EISA),
enacted in December 2007, included a requirement that the National
Highway Traffic Safety Administration (NHTSA) develop a consumer
information and education campaign to improve consumer understanding of
automobile performance with regard to fuel economy, Greenhouse Gases
(GHG) emissions and other pollutant emissions; of automobile use of
alternative fuels; and of thermal management technologies used on
automobiles to save fuel. In order to effectively achieve the
objectives of the consumer education program and fulfill its statutory
obligations, NHTSA proposes a multi-phased research project to gather
the data and apply analyses and results from the project to develop the
consumer information program and education campaign. NHTSA has
conducted qualitative research and is now requesting to conduct follow-
up quantitative research with consumers to assess current levels of
knowledge surrounding these issues, explore current available fuel
economy-related content for clarity and understanding, evaluate
potential consumer-facing messages and their potential to encourage
consumers to seek more fuel economy-related information from NHTSA, and
explore communications channels in which these messages should be
present. The research will allow NHTSA to refine the fuel economy-
related content and consumer-facing messaging that will be used
throughout the consumer education campaign by identifying what relevant
issues consumers care more about and what information they still need
to make more informed purchase and driver behavior decisions.
    Estimated Annual Burden: 1,333.33 hours.
    Number of Respondents: 4,000.
    NHTSA proposed to conduct two research phases. For the first phase,
NHTSA conducted one type of qualitative research consisting of two (2)
focus groups in each of four (4) cities. The results of that research
phase were used to inform the quantitative phase of research which this
notice addresses. This quantitative research will consist of an online
survey that will require approximately 20 minutes for each respondent
to complete, and will require 4,000 participants. NHTSA plans to
administer this study one time.
    The estimated annual burden hour for the second phase of research
is 1,333.33 hours (20 minutes x 4,000 participants). Based on the
Bureau of Labor and Statistics' median hourly wage (all occupations) in
the May 2010 National Occupational Employment and Wage Estimates, NHTSA
estimates that it will take an average of $16.27 per hour for
professional and clerical staff to gather data, develop and distribute
material. Therefore, the agency estimates that the cost associated with
the burden hours is $21,693.28 ($16.27 per hour x 1,333.33 burden
hours).
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Issued on: August 17, 2011.
Gregory A. Walter,
Senior Associate Administrator, Policy and Operations.
[FR Doc. 2011-21399 Filed 8-19-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28913-28915]
[FR Doc No: 2021-11369]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0007]

Nationally Recognized Testing Laboratory Program Regulation;
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comments.

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

SUMMARY: OSHA requests comments concerning the proposed extension of
the information collection requirements specified by the Program
Regulation for Nationally Recognized Testing

Laboratories (the Regulation). The Regulation specifies procedures that
organizations must follow to apply for, and to maintain, OSHA's
recognition to test and certify equipment, products, or material for
safe use in the workplace.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 27, 2021.

ADDRESSES:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2017-0014).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Washington, DC; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent burden, conducts a preclearance consultation
program to provide the public with an opportunity to comment on
continuing information collection requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection from employers as necessary or appropriate for enforcement
of the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires OSHA to obtain such information
with minimum burden upon employers, especially those operating small
businesses, and to reduce to the maximum extent feasible unnecessary
duplication of efforts in obtaining information (29 U.S.C. 657).
    A number of standards issued by OSHA contain requirements that
specify employers use only equipment, products, or material tested or
approved by a Nationally Recognized Testing Laboratory (NRTL). These
requirements ensure that employers use safe and efficacious equipment,
products, or materials in complying with the standards. Accordingly,
OSHA promulgated the Program Regulation for Nationally Recognized
Testing Laboratories, 29 CFR 1910.7 (the Regulation). The Regulation
specifies procedures that organizations must follow to apply for, and
to maintain, OSHA's recognition to test and certify equipment,
products, or material for safe use in the workplace.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    1. Whether the proposed information collection requirements are
necessary and useful for the proper performance of the agency's
functions;
    2. The accuracy of OSHA's estimate of the burden (time and costs)
of the information collection requirements, including the validity of
the methodology and assumptions used;
    3. The quality, utility, and clarity of the information collected;
and
    4. Ways to minimize the burden on organizations that must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA proposes to extend the Office of Management and Budget's (OMB)
approval of the collection of information requirements specified by the
Regulation. The agency revised the estimate of the number of audits it
conducts each year upward, from 44 to 47, because the agency has
recognized three additional NRTLs, bringing the total number of
recognized laboratories to 23. This revised estimate accounts for the
increased burden hours to complete paperwork, from 1,523 to 1,571 and
the increased total costs to respondents resulting from collections of
information, from $728,352 to $757,440. The agency also revised its
average hourly rate estimate for an electrical engineer upward, from
$47.41 to $74.18, based on current BLS data. This revised estimate and
the agency's revised estimate for the number of audits it conducts each
year accounts for the increased cost estimates to complete paperwork,
from $72,205.43 to $116,589.45. The agency will summarize the comments
submitted in response to this Notice, and will include this summary in
the request to OMB to revise the approval of these information
collection requirements.
    Type of Review: Extension of a currently approved information
collection.
    Title: Definition and Requirements of a Nationally Recognized
Testing Laboratory (29 CFR 1910.7).
    OMB Control Number: 1218-0147.
    Affected Public: Business or other for-profit.
    Number of Respondents: 23.
    Frequency of Recordkeeping: On occasion.
    Total Responses: 145.94.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 1,571.71.
    Estimated Cost (Operation and Maintenance): $757,440.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0007). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail

additional materials in reference to an electronic or facsimile
submission, you must submit them to the OSHA Docket Office (see the
section of this notice titled ADDRESSES). The additional materials must
clearly identify electronic comments by your name, date, and the docket
number so that the agency can attach them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health authorized the preparation of this
notice. The agency is issuing this notice pursuant to Section 8(g)(2)
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), OSHA's Program Regulation for Nationally Recognized Testing
Laboratories, 29 CFR 1910.7, and the Paperwork Reduction Act of 1995
(44 U.S.C 3506 et seq.).

    Signed at Washington, DC, on May 21, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-11369 Filed 5-27-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42341-42342]
[FR Doc No: 2017-18941]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER17-2391-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp OATT--Misc
Revisions to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5082.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2392-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Pacificorp EIM MBR
Application_August 31 2017 to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5096.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2393-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2017-08-31 Transferred
Frequency Response Agreement Grant County to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5113.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2394-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Tariff NPC
08.31.17 to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5118.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2395-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Tariff
Volume No. 7 SPPC 08.31.17 to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5122.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2396-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits Settlement
Payment Agreement No. 4767 to be effective 8/8/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5134.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2397-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSCo-PSCoES-LGIA-464-0.0.0
Filing to be effective 9/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5137.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2398-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2017-08-31 Transferred
Frequency Response Agreement Chelan County to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5141.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2399-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Sec.  205(d) Rate Filing: Revised EAI-Benton WDS
Agreement to be effective 9/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5146.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2400-000.
    Applicants: SP Butler Solar, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
and Initial Baseline Tariff Filing to be effective 9/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5153.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2401-000.
    Applicants: SP Decatur Parkway Solar, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
and Initial Baseline Tariff Filing to be effective 9/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5154.
    Comments Due: 5 p.m. ET 9/21/17.

    Docket Numbers: ER17-2402-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2017-08-31 Westerm O'Neill
Generator Scheduling Agreement to be effective 11/1/2017.
    Filed Date: 8/31/17.
    Accession Number: 20170831-5155.
    Comments Due: 5 p.m. ET 9/21/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

     Dated: August 31, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-18941 Filed 9-6-17; 8:45 am]
 BILLING CODE 6717-01-P


Plant Number:  82-02-006

Company:  MidAmerican Energy Company  -  Riverside Generating Station

Contact Person:
Responsible Party:
Douglas Haiston
Same
Unit Manager

(563) 333-8503

<EMAIL_ADDRESS>

6001 State Street

Bettendorf, IA 52722

                          Project/Process Description

                                LNG Vaporizers

 Equipment Location:	6001 State Street
 			  	Bettendorf, IA 52722

 Project Number: 18-194

 Project Description: (1) Modify NESHAP applicability and (2) Create a "Collection of Air Permits" for the LNG Vaporizers (EU-70 and EU-71) at Plant Number 82-02-006.

 Date:  07/03/2018

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

The permits in this document are issued in accordance with 567 Iowa Administrative Code Chapter 22, and are issued subject to the terms and conditions contained in this document.  Issuance of the permits in this document shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP), and any other requirements of local, state, and federal law.  If any permit contained in this document is modified, superseded, expires, or for any other reason changes or ceases to exist, the status of that permit shall not affect the validity or enforceability of any other permit contained in this document.

                                     Under the Direction of the Director of the
                                                Department of Natural Resources

               "Collection of Air Permits" Description Table

                                     EP ID
                                     EU ID
                                 Description
                                   Maximum
                                    Design
                                   Capacity
                             CE Description and ID
                                 Stack Testing
                                 Permit Number

                                     EP-70
                                     EU-70
LNG Vaporizer #1
                         23.196 MMBtu/hr, natural gas

                                     None
                                      No

                                  06-A-027-S2

                                     EP-71
                                     EU-71
LNG Vaporizer #2
                         23.196 MMBtu/hr, natural gas

                                     None
                                      No

                                  06-A-028-S2

                               PERMIT CONDITIONS

1. Emission Limits  -  Per Emission Point

The owner or operator is required to report all emissions as required by law, regardless of whether a specific emission limit has been established in any permit contained in this "Collection of Air Permits."  The following emission limits for each of the listed emission points shall not be exceeded:

                                     EP ID
                                   Pollutant
                                   lb/hr[1]
                                 Other Limits
                                Reference/Basis

EP-70

EP-71

Particulate Matter (PM)  -  State
                                      NA
                                0.6 lb/MMBtu[1]
                           567 IAC 23.3(2)"b"(3)

Opacity
                                      NA
                                  40%[2], [3]
                            567 IAC 23.3(2)"d"

Sulfur Dioxide (SO2)
                                      NA
                                   500 ppmv
                            567 IAC 23.3(3)"e"

Nitrogen Oxides (NOx)
                                    2.0[5]
                                      NA
                                See Footnote 4

[1] The emission limit is expressed as the average of three (3) runs.

[2] The emission limit is based on a six (6) minute average

[3] An exceedance of the indicator opacity of 25% will require the owner or operator to promptly investigate the emission unit and make corrections to operations or equipment associated with the exceedance.  If exceedances continue after the corrections, the Department may require additional proof to demonstrate compliance (e.g., stack testing).

[4] The emission limit was established under Project Number 06-005 to demonstrate this project was not a significant increase for purposes of the Prevention of Significant Deterioration (PSD) program.

2. Compliance Demonstration(s)

                       Compliance Demonstration Table

                                     EP ID
                                   Pollutant
                            Compliance Methodology
                                   Frequency
                                Test Run Time
                                  Test Method

EP-70

EP-71

PM - State

                                     None

                                      NA

                                    1 hour
40 CFR 60, Appendix A, Method 5
40 CFR 51 Appendix M, Method 202

Opacity
                                     None
                                      NA
                                    1 hour
40 CFR 60, Appendix A, Method 9

SO2
                                     None
                                      NA
                                    1 hour
40 CFR 60, Appendix A, Method 6C

NOx
                                     None
                                      NA
                                    1 hour
40 CFR 60, Appendix A, Method 7E

Stack testing is not required for the emission points described in this "Collection of Air Permits" this time.

If stack testing is required by a construction permit, the owner or the owner's authorized agent shall use the test method and run time listed in the "Compliance Demonstration Table" unless another testing methodology is approved by the Department prior to testing.

Each emissions compliance test must be approved by the Department. Unless otherwise specified by the Department, each stack test shall consist of three (3) separate runs.  The arithmetic mean of three (3) acceptable test runs shall apply for compliance, unless otherwise indicated by the Department.

Per 567 IAC 25.1(7)"a", at the Department's request, a pretest meeting shall be held not later than fifteen (15) days before the owner or operator conducts the compliance demonstration.  A testing protocol shall be submitted to the Department no later than fifteen (15) days before the owner or operator conducts the compliance demonstration.  Representatives from the Department shall attend this meeting, along with the owner and the testing firm, if any.  It shall be the responsibility of the owner to coordinate and schedule the pretest meeting.  A representative of the Department shall be allowed to witness the test(s).  The Department shall reserve the right to impose additional, different, or more detailed testing requirements.

2. Compliance Demonstration(s) (Continued)

The owner shall be responsible for the installation and maintenance of test ports.  The unit(s) being sampled shall be operated in a normal manner at its maximum continuous output as rated by the equipment manufacturer, or the rate specified by the owner as the maximum production rate at which this unit(s) will be operated. In cases where compliance is to be demonstrated at less than the maximum continuous output as rated by the manufacturer, and it is the owner's intent to limit the capacity to that rating, the owner may submit evidence to the Department that this unit(s) has been physically altered so that capacity cannot be exceeded, or the Department may require additional testing, continuous monitoring, reports of operating levels, or any other information deemed necessary by the Department to determine whether this unit(s) is in compliance.

3.  Emission Point Characteristics

This emission points shall conform to the specifications listed below:

                                     EP ID
                                 Stack Height
                            (feet, from the ground)
                                Discharge Style
                            Stack Outlet Dimension
                                   (inches)
                             Exhaust Temperature
                                     (°F)
                            Exhaust Flowrate (scfm)
                                     EP-70
                                      36
                             Vertical, obstructed
                                      24
                                      245
                                     4,800
                                     EP-71
                                      36
                             Vertical, obstructed
                                      24
                                      245
                                     4,800

The temperature and flowrate are intended to be representative and characteristic of the design of the permitted emission point.  The Department recognizes that the temperature and flow rate may vary with changes in the process and ambient conditions.  If it is determined that any of the emission point characteristics above are different than the values stated, the owner or operator shall submit a request either by electronic mail or written correspondence to the Department within thirty (30) days of the discovery to determine if a permit amendment is required, or submit a permit application requesting to amend the permit.

4.  Federal Standards

 New Source Performance Standards (NSPS):

 The following subparts apply to the small industrial steam generating units described in this "Collection of Air Permits":

                                     EU ID
                                    Subpart
                                     Title
                                     Type
                           State Reference (567 IAC)
                          Federal Reference (40 CFR)
                                     EU-70

                                     EU-71

                                       A
General Provisions
                                      NA
                                    23.1(2)
                              §60.1  -  §60.19

                                     Dc[1]
Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
                       Gas-fired steam generating units
                               23.1(2)"lll"
                             §60.40c  -  §60.48c

      [1] At the time of this permit issuance, the Department has adopted by reference amendments to NSPS, Subpart Dc through January 20, 2011. However, Plant No. 82-02-006 must comply will all applicable amendments to Subpart Dc.

 National Emission Standards for Hazardous Air Pollutants (NESHAP):

 The LNG vaporizers described in this "Collection of Air Permits" are of the source category, but not subject to 40 CFR Part 63, Subpart JJJJJJ (National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources), because each of these units meets the definition of "gas-fired boiler" in  §63.11237 of Subpart JJJJJJ.

5.  Operating Requirements and Associated Recordkeeping

Unless specified by a federal regulation, all records as required by these permits shall be kept on-site for a minimum of two (2) years and shall be available for inspection by the Department.  Records shall be legible and maintained in an orderly manner.  The operating requirements and associated recordkeeping requirements for these permits shall be:

 The steam generating units described in this "Collection of Air Permits" shall combust only natural gas.

 The owner or operator shall operate and maintain steam generating units described in this "Collection of Air Permits" according to good engineering practices.

 The owner or operator shall maintain records of all inspection and maintenance activities and any action resulting from these.

 The owner or operator shall comply with the applicable standards in 40 CFR Part 60, Subpart Dc [§60.40c - §60.48c], including those not specifically mentioned in this permit.

 Per 40 CFR §60.48c(g)(1), the owner or operator shall record and maintain records of the amount of fuel combusted by each of the steam generating units described in this "Collection of Air Permits" during each operating day.  As an alternative to this requirement, the owner or operator may elect to:

 Record and maintain records of the amount of fuel combusted by each steam generating unit during each calendar month [40 CFR §60.48c(g)(2)]; or

 Record and maintain records of the total amount of each steam generating unit fuel delivered to the property during each calendar month [40 CFR §60.48c(g)(3)].

6.  Continuous Emission Monitoring

Continuous emission monitoring is not required by this permit at this time.

7.  Department Review

These permits are issued under the authority of 567 Iowa Administrative Code (IAC) 22.3.  The proposed equipment has been evaluated for conformance with Iowa Code Chapter 455B; 567 IAC Chapters 20  -  35; and 40 Code of Federal Regulations (CFR) Parts 51, 52, 60, 61, and 63 and has the potential to comply.  These permits are issued based on information submitted by the applicant.  Any misinformation, false statements or misrepresentations by the applicant or by the applicant's representative(s) shall cause the affected permit or permits to be void.

No review has been undertaken on the engineering aspects of the equipment or control equipment other than the potential of that equipment for reducing air contaminant emissions.  The Department assumes no liability, directly or indirectly, for any loss due to damage to persons or property caused by, resulting from, or arising out of the design, installation, maintenance or operation of the proposed equipment.

8.  Owner and Operator Responsibility

These permits are for the construction and operation of specific emission unit(s), control equipment, and emission point(s) as described in these permits and in the applications for these permits.  The permit holder, owner, and operator of the facility shall assure that the installation of the equipment listed in these permits conform to the design in the application (i.e. type, maximum rated capacity, etc.).  No person shall construct, install, reconstruct or alter any of the emission unit(s), or emission point(s), or the associated control equipment without the required amended permit(s).

Any owner or operator of the specified emission unit(s), emission point(s), or associated control equipment, including any person who becomes an owner or operator subsequent to the issuance date of the affected permit(s), is responsible for assuring that the installation, operation, and maintenance of the equipment listed in the permit(s) is in compliance with the provisions of the permit(s) and all other applicable requirements  and that adequate operation and maintenance is provided to ensure that no condition of air pollution is created.

9.  Transferability

Unless the equipment is portable, these permit(s) are not transferable from one location to another or from one piece of equipment to another.  See Condition 12.A.(2) for notification requirements for relocating portable equipment (567 IAC 22.3(3)"f").

10.  Construction

 General Requirements:
      It is the owner's responsibility to ensure that construction conforms to the final plans and specifications as submitted.

      In permit amendments, all provisions of the original permit remain in full force and effect unless they are specifically changed by the permit amendment.  If a proposed project is not timely completed, the owner or operator shall seek a permit amendment in order to revert back to the most recent previous version of the permit.  The previous, unchanged permit provisions are included in the amendment for your convenience only and are unappealable.

      The permit or amendment shall become void if any one of the following conditions occurs:
 the construction or implementation of the proposed project, as it affects each emission point permitted herein, is not initiated within eighteen (18) months after the permit issuance date; or
  the construction or implementation of the proposed project, as it affects each emission point permitted herein, is not completed within thirty-six (36) months after the permit issuance date; or
 the construction or implementation of the proposed project, as it affects each emission point permitted herein, is not completed within a time period specified elsewhere in the permit.

 Changes to Plans and Specifications:
The owner or operator shall amend the permit or amendment prior to startup of the equipment if:
 Any changes are made to the final plans and specifications submitted for the proposed project; or
 The permit becomes void.

Changes to the final plans and specification shall include changes to plans and specifications for permitted equipment and control equipment and the specified operation thereof.

 Amended Permits:
The owner or operator may continue to act under the provisions of the previous permit for the affected emission unit(s) and emission point, together with any previous amendment to the permit, until one of the following conditions occurs:
          The proposed project authorized by this amendment is completed as it affects the emission unit(s) and emission point permitted herein; or
          This current amendment becomes void.

11.  Excess Emissions

Per 567 IAC 24.1(1), excess emissions during a period of startup, shutdown, or cleaning of control equipment are not a violation of the emission standard if it is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions except when another regulation applicable to the unit or process provides otherwise.  Cleaning of control equipment, which does not require the shutdown of process equipment, shall be limited to one (1) six-minute period per one (1) hour period.

An incident of excess emissions other than the above is a violation and may be subject to criminal penalties according to Iowa Code 455B.146A.  If excess emissions are occurring, either the control equipment causing the excess shall be repaired in an expeditious manner, or the process generating the emissions shall be shutdown within a reasonable period of time, as specified in 567 IAC 24.1.

An incident of excess emissions shall be orally reported by telephone, electronic mail or in person to the appropriate field office within eight (8) hours of, or at the start of the first working day following the onset of the incident (See Permit Condition 12.B.1). A written report of an incident of excess emissions shall be submitted as a follow-up to all required initial reports within seven (7) days of the onset of the upset condition (See Permit Condition 12.B.2).

12.  Notification, Reporting, and Recordkeeping

These requirements shall apply to each permit included in this "Collection of Air Permits."

 The owner or operator shall furnish the Department the following written notifications:
          Per 567 IAC 22.3(3)"b":
             The date construction, installation, or alteration is initiated postmarked within thirty (30) days following initiation of construction, installation, or alteration.
             The actual date of startup, postmarked within fifteen (15) days following the start of operation.
          Per 567 IAC 22.3(3)"f," when portable equipment for which a permit has been issued is to be transferred from one location to another, the Department shall be notified:
          At least fourteen (14) days before equipment relocation if the equipment will be located in a nonattainment area for the National Ambient Air Quality Standards (NAAQS) or a maintenance area for the NAAQS.
          At least seven (7) days before equipment relocation.
          Per 567 IAC 22.3(8), a new owner shall notify the Department of the transfer of equipment ownership within thirty (30) days of the occurrence.  The notification shall include the following information:
             The date of ownership change; the name, address, and telephone number of the responsible official, the contact person, and the owner of the equipment both before and after the ownership change; and the construction permit number(s) of the equipment changing ownership.
          Unless specified per a federal regulation, the owner or the owner's authorized agent shall notify the Department in writing not less than thirty (30) days before a required test or performance evaluation of a continuous emission monitor [567 IAC 25.1(7)].  The notification shall include:
             The time; the place; the name of the person who will conduct the tests; and other information as required by the Department.
         If the owner or operator does not provide timely notice to the Department, the Department shall not consider the test results or performance evaluation results to be a valid demonstration of compliance with the applicable rules or permit conditions.  Upon written request, the Department may allow a notification period of less than thirty (30) days.

 The owner or operator shall furnish the Department with the following reports:
 Per 567 IAC 24.1(2), an incident of excess emissions as defined in 567 IAC 20.2 shall be reported within eight (8) hours or at the start of the first working day following the onset of the incident.  The report may be made by electronic mail, in person or by telephone.
 Per 567 IAC 24.1(3), a written report of an incident of excess emissions as defined in 567 IAC 20.2 shall be submitted as a follow-up to all required initial reports to the Department within seven (7) days of the onset of the upset condition.
 Operation of this emission unit(s) or control equipment outside of those operating parameters specified in Permit Condition 5 in accordance to the schedule set forth in 567 IAC 24.1.
 Per 567 IAC 25.1(6), the owner or operator of any facility required to install a continuous monitoring system or systems shall provide quarterly reports to the Director, no later than thirty (30) calendar days following the end of the calendar quarter, on forms provided by the Director.
 Per 567 IAC 25.1(7), a written compliance demonstration report for each compliance testing event, whether successful or not, postmarked not later than six (6) weeks after the completion of the test period unless other regulations provide for other notification requirements.  In that case, the more stringent reporting requirement shall be met.

 All data, records, reports, documentation, construction plans, and calculations required under each permit in this "Collection of Air Permits" shall be available at the plant during normal business hours for inspection and copying by federal, state, or local air pollution regulatory agencies and their authorized representatives, for a minimum of two (2) years from the date of recording unless otherwise required by another applicable law (i.e. NSPS, NESHAP, etc.)

12.  Notification, Reporting, and Recordkeeping (Continued)

 Information regarding any permit in this "Collection of Air Permits" shall be sent to the attention of the following individuals based on the type of information being submitted:  change in ownership (Air Quality Bureau Records Center), permit correspondence (Construction Permit Supervisor), stack testing correspondence (Stack Test Coordinator), and reports and notifications (Compliance Unit Supervisor and DNR Field Office).  The addresses are:

Air Quality Bureau
Iowa Department of Natural Resources
502 East 9th Street
Des Moines, IA  50319
Telephone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Washington Field Office #6
Iowa Department of Natural Resources
1023 West Madison Street
Washington, IA 52353
Telephone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>

13.  Appeal Rights

All conditions within an original permit may be appealed, subject to the appeal rights set forth in 561 IAC Chapter 7.  Amended conditions within a permit amendment may be appealed, subject to the appeal rights set forth in 561 IAC Chapter 7.  In permit amendments, all provisions of the original permit remain in full force and effect unless they are specifically changed by the permit amendment.  The previous, unchanged permit provisions are included in the amendment for your convenience only and are unappealable.

14.  Permit History

                                  Project No.
                                  Permit No.
                                  Description
                                 Stack Testing
                                     Date

                                    06-005

                                   06-A-027
                     Original Permit for Emission Point 70
                              (LNG Vaporizer #1)

                                      Yes

                                  01/20/2006

                                    06-005

                                   06-A-028
                     Original Permit for Emission Point 71
                              (LNG Vaporizer #2)

                                      Yes

                                  01/20/2006

                                    06-353
                                  06-A-027-S1

                       Modify Recordkeeping Requirement

                                      Yes

                                  06/29/2006

                                  06-A-028-S1

                                    18-194

                                  06-A-027-S2
(1) Modify NESHAP applicability and (2) Create a "Collection of Air Permits" for the LNG vaporizers (EU-70 and EU-71) at Plant Number 82-02-006

                                      No

                                  07/03/2018

                                  06-A-028-S2

                                 END OF PERMIT