[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Pages 39392-39395]
[FR Doc No: 2013-15697]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69857; File No. SR-BATS-2013-037]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Requirements of the Competitive Liquidity Provider Program

June 25, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 20, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.8 to eliminate the
requirement that Competitive Liquidity Providers (``CLPs'') have
information barriers between the CLP unit and the Member's customer,
research, and investment banking business because CLPs already are
subject to principles-based Exchange rules governing the misuse of
nonpublic, material information.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant 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 eliminate the requirement in subparagraph
(c)(6) of Interpretation and Policy .02 to Rule 11.8 that the business
unit of a Member acting as a CLP maintain adequate information barriers
between the CLP unit and the Member's customer, research, and
investment banking business. The Exchange believes that the information
barrier requirement is unnecessary because CLPs already are subject to
the Exchange's existing principles-based rules governing the misuse of
nonpublic, material information. Elimination of the information barrier
requirement clarifies that CLPs have the flexibility to adapt their
policies and procedures as appropriate to reflect changes to their
business model, business activities, or the securities market. The
Exchange believes that its rules clearly identify prohibited conduct
(i.e., misuse of material, non-public information) without further
requiring CLPs to establish and maintain specific compliance mechanisms
(e.g., information barriers).

Background

    The CLP Program and its requirements are set out in Interpretation
and Policy .02 to Rule 11.8, the rule that contains the obligations
applicable to Exchange Market Makers. A CLP is a Member that
electronically enters proprietary orders into the systems and
facilities of the Exchange. It is obligated to maintain a bid or an
offer at the NBB or NBO in each assigned security in round lots
consistent with the requirements of Interpretation and Policy .02 to
Rule 11.8. CLPs are subject to both a daily quoting requirement to be
eligible to receive financial incentives and a monthly quoting
requirement to remain qualified as a CLP. A CLP that does not meet the
CLP daily requirement is not eligible to receive the financial
incentives of the CLP Program. A CLP that does not meet the CLP monthly
quoting requirements is subject to certain non-regulatory penalties,
including the potential to lose its CLP status.
    To qualify as a CLP, a Member is required to be a registered Market
Maker in good standing with the Exchange, consistent with Rules 11.5
through 11.8. Further, the Exchange requires each Member seeking to
qualify as a CLP to have and maintain: (1) adequate

technology to support trading through the systems and facilities of the
Exchange; (2) one or more unique identifiers that identify to the
Exchange CLP trading activity in assigned CLP securities; (3) adequate
trading infrastructure to support trading activity, which includes
support staff to maintain operational efficiencies in the CLP program
and adequate administrative staff to manage the Member's participation
in the CLP Program; (4) quoting and volume performance that
demonstrates an ability to meet the CLP quoting requirement in each
assigned security on a daily and monthly basis; (5) a disciplinary
history that is consistent with just and equitable business practices;
and (6) with respect to the business unit of the Member acting as a
CLP, adequate information barriers between the CLP unit and the
Member's customer, research, and investment banking business.

Proposed Rule Change

    The Exchange believes it is appropriate to delete subparagraph
(c)(6) of Interpretation and Policy .02 to Rule 11.8, which requires
that the business unit of the Member acting as a CLP have in place
adequate information barriers between the CLP unit and the Member's
customer, research, and investment banking business. Instead, the
Exchange believes that its rules governing the misuse of material
nonpublic information provide an appropriate principles-based approach
to preventing the market abuses addressed by subparagraph (c)(6).\3\
The Exchange, therefore, believes that specifically requiring
information barriers is unnecessary.
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    \3\ The Exchange adopted these principles-based rules in
February 2010. See Securities Exchange Act Release No. 61574
(February 23, 2010), 75 FR 9455 (March 2, 2010).
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    The requirement that exchange market makers, in general, have in
place information barriers between a market making unit and other
business units traces its roots from concerns that an inappropriate
sharing of material, non-public information between the market making
unit and other business units of a member could result in the misuse of
non-public information, manipulation and other improper trading
practices, as well as give rise to conflicts of interest.\4\ One such
concern is that a market maker or affiliate engaging in other business
activities might trade on non-public information that the market maker
acquired through its market making activities.\5\ Another concern is
that a market maker may misuse material, non-public information
received from its other business activities, such as trading based on a
change in the firm's buy or sell recommendation.\6\
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    \4\ See, e.g., Securities Exchange Act Release No. 61336 (Jan.
12, 2010), 75 FR 2908, 2910 (Jan. 19, 2010) (``CBOE Rule 8.91
addresses concerns arising from the potential for the sharing of
material non-public information between a DPM's market making
activities and other business activities of the DPM or its
affiliates.''); Securities Exchange Act Release No. 58328 (Aug. 7,
2008), 73 FR 48260, 48265 (Aug. 18, 2008) (``The restrictions in
current NYSE Rule 98 and related rules are intended to address two
primary concerns. The first concern is the potential that an
affiliate could unfairly use non-public information, such as
information on a specialist's book or information regularly provided
to him by other market participants because of his central role as a
primary market specialist. . . . The second concern is that a
specialist unit could favor its affiliates by providing orders
placed by the affiliate with more favorable executions and by
providing useful market information to the affiliated firm (or to
its broker on the exchange trading floor) but not to others. In some
cases, such conflicts of interest could result in the specialist
neglecting his duty to make a fair and orderly market by giving an
affiliate's principal or agency orders a more favorable
execution.''); see also Broker-Dealer Policies and Procedures
Designed to Segment the Flow and Prevent the Misuse of Material
Nonpublic Information, Securities and Exchange Commission Division
of Market Regulation, March 1990.
    \5\ See Securities Exchange Act Release No. 61574 (February 23,
2010), 75 FR 9455, 9458 (March 2, 2010).
    \6\ Id.
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    Exchanges have recently adopted principles-based rules intended to
prevent such market abuses, rather than specific sets of requirements
designed to accomplish the same end, such as the information barriers
set out in subparagraph (c)(6). NYSE Arca, Inc. (``NYSE Arca''), Nasdaq
Stock Market, LLC (``Nasdaq''), and the Exchange, for example, have
amended their rules to eliminate specific information barrier
requirements for Members.\7\ Those exchanges have instead enacted
principles-based approaches that permit Members to develop and apply
their own policies and procedures to, among other things, prohibit and
prevent the misuse of material nonpublic information. While the
specific policies and procedures are no longer mandated, these
principles-based rules are ``reasonably designed to ensure compliance
with applicable federal securities law and regulations, and with the
rules of the applicable exchange'' and have been approved by the
Commission.\8\
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    \7\ See Securities Exchange Act Release No. 61574 (February 23,
2010), 75 FR 9455 (March 2, 2010); Securities Exchange Act Release
No. 60604 (September 1, 2009), 74 FR 46272 (September 8, 2009) (SR-
NYSEArca-2009-78); Securities Exchange Act Release No. 53128
(January 13, 2006), 71 FR 3550 (January 23, 2006) (adopting Nasdaq
IM-2110-2; IM-2110-3; IM-2110-4; and Rule 3010).
    \8\ See 75 FR at 9458 (``The Commission believes that, with
adequate oversight by the Exchange of its members, elimination of
prescriptive information barrier requirements should not reduce the
effectiveness of BATS rules requiring Members to establish and
maintain systems to supervise the activities of Members, and written
procedures that are reasonably designed to comply with applicable
securities laws and Exchange rules, including the prohibition on
misuse of material nonpublic information.'')
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    Consistent with the principles-based approach described above,
Exchange Rule 5.5 requires that each Member establish, maintain, and
enforce written policies and procedures reasonably designed to prevent
the misuse of material, non-public information by the Member or persons
associated with the Member. For purposes of this requirement, conduct
constituting the misuse of material, non-public information includes,
but is not limited to, the following:
    (a) trading in any securities issued by a corporation, or in any
related securities or related options or other derivative securities,
while in possession of material, non-public information concerning that
issuer; or
    (b) trading in a security or related options or other derivative
securities, while in possession of material, non-public information
concerning imminent transactions in the security or related securities;
or
    (c) disclosing to another person or entity any material, non-public
information involving a corporation whose shares are publicly traded or
an imminent transaction in an underlying security or related securities
for the purpose of facilitating the possible misuse of such material,
non-public information.
    The Exchange also has several rules prohibiting Members from
disadvantaging their customers or other market participants by
improperly capitalizing on the Members' access to or receipt of
material, non-public information. For example, Rule 12.6 prohibits a
Member from trading ahead of its customer's limit orders. Rule 12.13
prohibits a Member from establishing an inventory position in a
security or a derivative of such security based on non-public advance
knowledge of the content or timing of a research report in that
security. Rule 5.1 requires each Member to (i) establish, maintain, and
enforce written procedures that will enable it to supervise properly
the activities of associated persons; and (ii) establish, maintain, and
enforce written procedures to assure associated persons comply with
applicable securities laws, rules, regulations, and statements of
policy promulgated thereunder, with the rules of the designated self-

regulatory organization, where appropriate, and with Exchange Rules.
    The elimination of the information barrier requirements in the CLP
Program would allow CLPs to tailor their policies and procedures with
respect to the handling of material, non-public information as
appropriate to reflect their business models and activities, and to
adapt to changes in such models, activities, and the securities market
in general.\9\ Consistent with the practices of other national
securities exchanges, the Exchange, therefore, proposes to eliminate
the information barrier requirement set out in subparagraph (c)(6) of
Interpretation and Policy .02 to Rule 11.8. The Exchange believes that
this approach will foster a fair and orderly marketplace without being
overly burdensome to its Members.
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    \9\ While information barriers are not specifically required
under the Exchange's rules, a CLP's business model or business
activities may dictate that an information barrier or a functional
separation be part of the appropriate set of policies and procedures
that would be reasonably designed to achieve compliance with
applicable securities laws and regulations, and with applicable
Exchange rules.
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    By amending its rules in accordance with this proposal, the
Exchange reinforces a regulatory structure that clearly prohibits
certain conduct (e.g., misuse of material, non-public information
pursuant to Rule 5.5) without further requiring Members to establish
and maintain specific compliance mechanisms (e.g., information
barriers). The Exchange believes that the approach proposed herein is
consistent with Nasdaq and NYSE Arca's respective structures.
Importantly, like Nasdaq and NYSE Arca, market makers registered with
BATS and other firms that are Members of BATS that trade for their own
accounts do not have any advantages regarding relevant trading
information provided by the Exchange, either at, or prior to, the point
of execution vis-[agrave]-vis other market participants. Accordingly,
the Exchange believes that its procedures based approach is reasonable.
    Pursuant to this proposed rule change, Members may utilize a
flexible, principles-based approach to modify their policies and
procedures as appropriate to reflect changes to their business model,
business activities, or to the securities market itself. A Member
should be proactive in assuring that its policies and procedures
reflect the current state of its business and continue to be reasonably
designed to achieve compliance with applicable federal securities law
and regulations, and with applicable Exchange rules. In addition, in
the context of approving the proposal by NYSE Arca, the Commission
stated that, ``while information barriers are not specifically required
under the proposal, a [firm's] business model or business activities
may dictate that an information barrier or a functional separation be
part of the appropriate set of policies and procedures that would be
reasonably designed to achieve compliance with applicable securities
law and regulations, and with applicable Exchange rules.'' \10\
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    \10\ See Securities Exchange Act Release No. 60604 (September 1,
2009), 74 FR at 46275.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, 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. The
Exchange believes the proposal is designed to prevent fraudulent and
manipulative acts and practices and to promote just and equitable
principles of trade because existing rules make clear to CLPs the type
of conduct that is prohibited by the Exchange. Thus, while the proposal
eliminates prescriptive information barrier requirements, CLPs will
remain subject to existing Exchange rules requiring them to establish
and maintain systems to supervise their activities, and to create,
implement, and maintain written procedures that are reasonably designed
to comply with applicable securities laws and Exchange rules, including
the prohibition on the misuse of material, nonpublic information. The
Exchange also believes the proposal is designed to remove impediments
to and perfect the mechanism of a free and open market and national
market system because the proposal will allow CLPs to utilize a
flexible, principles-based approach to adapt their policies and
procedures as appropriate to reflect their business models, business
activities, and the securities markets at a given point in time.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposal will enhance competition by allowing CLPs to
comply with applicable Exchange rules in a manner best suited to their
business models, business activities, and the securities markets, thus
reducing regulatory burdens while still ensuring compliance with
applicable securities laws and regulations, and with applicable
Exchange rules. The Exchange believes that the proposal will foster a
fair and orderly marketplace without being overly burdensome upon its
Members.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \14\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

Solicitation of Comments

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

Electronic Comments

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

No. SR-BATS-2013-037 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File No. SR-BATS-2013-037. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BATS-2013-037 and should be
submitted on or before July 22, 2013.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15697 Filed 6-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14674-14675]
[FR Doc No: 2020-05207]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-38-000.
    Applicants: Enable Oklahoma Intrastate Transmission, LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): Enable Revised
Fuel Percentages April 1, 2020 through March 31, 2021 to be effective
4/1/2020.
    Filed Date: 2/28/2020.
    Accession Number:<PHONE_NUMBER>55.
    Comments Due: 5 p.m. ET 3/20/2020
    284.123(g) Protests Due: 5 p.m. ET 4/28/2020.

    Docket Number: PR20-39-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Tariff filing per 284.123(b),(e)/: Revised SOC DDC
LGDS eff 2-1-20 to be effective 2/1/2020.
    Filed Date: 3/2/2020.
    Accession Number:<PHONE_NUMBER>64.
    Comments/Protests Due: 5 p.m. ET 3/23/2020.

    Docket Number: PR20-40-000.
    Applicants: Bay Gas Storage Company, LLC.
    Description: Tariff filing per 284.123(b),(e)/: Bay Gas Storage Co.
Ltd. 2020 Annual Adjustment to Company Use Percentage to be effective
3/1/2020.
    Filed Date: 3/3/2020.
    Accession Number:<PHONE_NUMBER>06.
    Comments/Protests Due: 5 p.m. ET 3/24/2020.

    Docket Number: PR20-41-000.
    Applicants: Third Coast Alabama, LLC.
    Description: Tariff filing per 284.123(b)(2),(: Third Coast
Alabama, LLC Baseline SOC Filing to be effective 3/4/2020.
    Filed Date: 3/4/2020.
    Accession Number:<PHONE_NUMBER>48.
    Comments/Protests Due: 5 p.m. ET 3/25/2020.

    Docket Number: PR20-42-000.
    Applicants: Third Coast Mississippi, LLC.
    Description: Tariff filing per 284.123(b)(2),(: Third Coast
Mississippi SOC Baseline Filing to be effective 3/4/2020.
    Filed Date: 3/4/2020.
    Accession Number:<PHONE_NUMBER>49.
    Comments/Protests Due: 5 p.m. ET 3/25/2020.

    Docket Numbers: RP20-646-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Nonconforming Negotiated Rate
Service Agreement and Housekeeping Revisions to be effective 4/1/2020.
    Filed Date: 3/5/20.
    Accession Number: 20200305-5059.
    Comments Due: 5 p.m. ET 3/17/20.

    Docket Numbers: RP20-647-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--City
of Red Bud RP18-923 & RP20-131 Settlement to be effective 1/1/2019.
    Filed Date: 3/5/20.
    Accession Number: 20200305-5113.
    Comments Due: 5 p.m. ET 3/17/20.

    Docket Numbers: RP20-648-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--City
of Waterloo RP18-923 & RP20-131 Settlement to be effective 1/1/2019.
    Filed Date: 3/5/20.
    Accession Number: 20200305-5116.
    Comments Due: 5 p.m. ET 3/17/20.

    Docket Numbers: RP20-649-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: TPC Fuel Tracker 2020 to be
effective 5/1/2020.
    Filed Date: 3/5/20.
    Accession Number: 20200305-5114.
    Comments Due: 5 p.m. ET 3/17/20.

    Docket Numbers: RP20-531-001.
    Applicants: Northwest Pipeline LLC.
    Description: Tariff Amendment: Renewable Natural Gas Filing--
Amended to be effective 3/20/2020.
    Filed Date: 3/6/20
    Accession Number: 20200306-5071.
    Comments Due: 5 p.m. ET 3/13/20.

    Docket Numbers: RP20-615-001.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Tariff Amendment: RAM 2020 Amendment to be effective
4/1/2020.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5035.
    Comments Due: 5 p.m. ET 3/18/20.

    Docket Numbers: RP20-616-001.
    Applicants: Central Kentucky Transmission Company.

    Description: Tariff Amendment: RAM 2020 Amendment to be effective
4/1/2020.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5037.
    Comments Due: 5 p.m. ET 3/18/20.

    Docket Numbers: RP20-635-001.
    Applicants: KO Transmission Company.
    Description: Tariff Amendment: Amendment to Annual Retainage
Mechanism Filing to be effective 4/1/2020.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5123.
    Comments Due: 5 p.m. ET 3/18/20.

    Docket Numbers: RP20-650-000.
    Applicants: RH Energytrans, LLC.
    Description: Request for Waiver of Requirement to File FL&U
Percentage Adjustment for First Partial Year of Operations of RH
energytrans, LLC under RP20-650.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5083.
    Comments Due: 5 p.m. ET 3/18/20.

    Docket Numbers: RP20-651-000.
    Applicants: Stagecoach Pipeline & Storage Company LLC.
    Description: Sec.  4(d) Rate Filing: Stagecoach Pipeline & Storage
Company LLC--Filing of Negotiated Rate Agreement to be effective 4/1/
2020.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5110.
    Comments Due: 5 p.m. ET 3/18/20.

    Docket Numbers: RP20-652-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement
Filing (XTO) to be effective 3/29/2020.
    Filed Date: 3/6/20.
    Accession Number: 20200306-5117.
    Comments Due: 5 p.m. ET 3/18/20.

    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 date(s). 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: March 9, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-05207 Filed 3-12-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3306-3308]
[FR Doc No: 2015-00995]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0106]

Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces that 14 individuals have applied for a medical
exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs). In accordance with the statutory
requirements concerning applications for exemptions, FMCSA requests
public comments on these requests. The statute and implementing
regulations concerning exemptions require that exemptions must provide
an equivalent or greater level of safety than if they were not granted.
If the Agency determines the exemptions would satisfy the statutory
requirements and decides to grant theses requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 14 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before February 23, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0106 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401).

FMCSA has published in 49 CFR part 381, subpart C final rules
implementing the statutory changes in its exemption procedures made by
section 4007, 69 FR 51589 (August 20, 2004).\1\ Under the rules in part
381, subpart C, FMCSA must publish a notice of each exemption request
in the Federal Register. The Agency must provide the public with an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted and any research
reports, technical papers and other publications referenced in the
application. The Agency must also provide an opportunity to submit
public comment on the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------

    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

    49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------

    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
---------------------------------------------------------------------------

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a
driver who cannot meet the hearing standard should be permitted to
operate a CMV in interstate commerce. Further, the Agency asks for
comments on whether a driver who cannot meet the hearing standard
should be limited to operating only certain types of vehicles in
interstate commerce, for example, vehicles without air brakes. The
statute and implementing regulations concerning exemptions require that
the Agency request public comments on all applications for exemptions.
The Agency is also required to make a determination that an exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption
before granting any such requests.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2014-0106'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0106'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Information on Individual Applicants

Weston Tyler Arthurs

    Mr. Arthurs, 27, holds an operator's license in California.

Kevin Ray Ballard

    Mr. Ballard, 37, holds an operator's license in Texas.

Jeremy Wayne Brandyberry

    Mr. Brandyberry, 33, holds an operator's license in Nebraska.

Scott C. Friede

    Mr. Friede, 39, holds a Class A commercial driver's license (CDL)
in Nebraska.

Glenn E. Hivey

    Mr. Hivey, 80, holds a Class A commercial driver's license (CDL) in
Pennsylvania.

Jeremiah Putnam Hoagland

    Mr. Hoagland, 34, holds a Class A commercial driver's license (CDL)
in Colorado.

Curtis J. Horning

    Mr. Horning, 39, holds an operator's license in Pennsylvania.

Leroy Lynch

    Mr. Lynch, 58, holds a Class A commercial driver's license (CDL) in
Ohio.

Floyd McClain, Jr.

    Mr. McClain, 37, holds an operator's license in Florida.

Christopher David McKenzie

    Mr. McKenzie, 36, holds an operator's license in Texas.

Kimothy Fred Mcleod

    Mr. Mcleod, 50, holds a Class A commercial driver's license (CDL)
in Georgia.

Victor Morales-Contreras

    Mr. Morales-Contreras, 26, holds an operator's license in Texas.

Brandon Veronie, Sr.

    Mr. Veronie, 35, holds a chauffeur's license in Louisiana.

Anthony L. Witcher

    Mr. Witcher, 54, holds a chauffeur's license in Michigan.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business February 23, 2015.
Comments will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. The Agency
will file comments received after the comment closing date in the
public docket, and will consider them to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: January 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-00995 Filed 1-21-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78200-78202]
[DOCID:fr28de06-73]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2006-0998'; FRL-8262-7]

Human Studies Review Board; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency)
Office of the Science Advisor (OSA) announces a public meeting of the
Human Studies Review Board (HSRB) to advise the Agency on EPA's
scientific and ethical reviews of human subjects' research.

DATES: The public meeting will be held January 24, 2007 from 8:30 a.m.
to approximately 5:30 p.m., Eastern time.
    LOCATION: Sheraton Crystal City Hotel, 1800 Jefferson Davis
Highway, Arlington, VA 22202. The telephone number for the Sheraton
Crystal City Hotel is<PHONE_NUMBER>.
    MEETING ACCESS: Seating at the meeting will be on a first-come
basis. To request accommodation of a disability please contact the
person listed under

FOR FURTHER INFORMATION CONTACT at least 10 business days prior to the
meeting, to allow EPA as much time as possible to process your request.
    PROCEDURES FOR PROVIDING PUBLIC INPUT: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information should contact Lu-Ann Kleibacker, EPA, Office of
the Science Advisor, (8105R), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-7189; fax:<PHONE_NUMBER>; e-mail addresses:
<EMAIL_ADDRESS>General information concerning the EPA HSRB can be found

on the EPA Web site at http://www.epa.gov/osa/hsrb/.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2006-0998, by one of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
ORD Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington,
DC 20460.
    Hand Delivery: The EPA/DC Public Reading Room is located in the EPA
Headquarters Library, Room Number 3334 in the EPA West Building,
located at 1301 Constitution Ave., NW, Washington DC. The hours of
operation are 8:30 AM to 4:30 PM Eastern Standard Time (EST), Monday
through Friday, excluding Federal holidays. Please call<PHONE_NUMBER>
or email the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates
to Public Reading Room access are available on the website (http://www.epa.gov/epahome/dockets.htm
).

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-0998. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

SUPPLEMENTARY INFORMATION:

I. Public Meeting

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who conduct or assess human studies,
including such studies on substances regulated by EPA or to persons who
are or may be required to conduct testing of chemical substances under
the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr/    Docket: All documents in the docket are listed in the http://.

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/

DC, Public Reading Room. The EPA/DC Public Reading Room is located in
the EPA Headquarters Library, Room Number 3334 in the EPA West
Building, located at 1301 Constitution Ave., NW, Washington DC. The
hours of operation are 8:30 AM to 4:30 PM EST, Monday through Friday,
excluding Federal holidays. Please call<PHONE_NUMBER> or email the ORD
Docket at<EMAIL_ADDRESS>for instructions. Updates to Public
Reading Room access are available on the website (http://www.epa.gov/epahome/dockets.htm
).

    EPA's position paper(s), charge/questions to the HSRB, and the
meeting agenda will be available by late December 2006. In addition,
the Agency may provide additional background documents as the materials
become available. You may obtain electronic copies of these documents,
and certain other related documents that might be available
electronically, from the regulations.gov website and the HSRB Internet
Home Page at http://www.epa.gov/osa/hsrb/. For questions on document

availability or if you do not have access to the Internet, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    a. Explain your views as clearly as possible.
    b. Describe any assumptions that you used.
    c. Provide copies of any technical information and/or data you used
that support your views.
    d. Provide specific examples to illustrate your concerns and
suggest alternatives.
    e. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in this Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2006-

0998 in the subject line on the first page of your request.
    a. Oral comments. Requests to present oral comments will be
accepted up to January 17, 2007. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via email) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
Eastern time, January 17, 2007 in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB
Designated Federal Officer (DFO) to review the agenda to provide an
appropriate public comment period. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment (e.g., overhead projector, LCD projector, chalkboard). Oral
comments before the HSRB are limited to five minutes per individual or
organization. Please note that this limit applies to the cumulative
time used by all individuals appearing either as part of, or on behalf
of an organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having numerous individuals sign up separately to speak on their
behalf. If additional time is available, there may be flexibility in
time for public comments. Each speaker should bring 25 copies of his or
her comments and presentation slides for distribution to the HSRB at
the meeting. b. Written comments. Although you may submit written
comments at any time, for the HSRB to have the best opportunity to
review and consider your comments as it deliberates on its report, you
should submit your comments at least five business days prior to the
beginning of the meeting. If you submit comments after this date, those
comments will be provided to the Board members, but you should
recognize that the Board members may not have adequate time to consider
those comments prior to making a decision. Thus, if you plan to submit
written comments, the Agency strongly encourages you to submit such
comments no later than noon, Eastern time, January 17, 2007. You should
submit your comments using the instructions in Unit I.C. of this
notice. In addition, the Agency also requests that person(s) submitting
comments directly to the docket also provide a copy of their comments
to the person listed under FOR FURTHER INFORMATION CONTACT. There is no
limit on the length of written comments for consideration by the HSRB.

 E. Background

A. Topics for Discussion
    The EPA will present for HSRB review the results of two completed
insect repellent efficacy studies on which it intends to rely in making
registration decisions. In addition, EPA will present for HSRB review a
proposal for new research involving a field study to evaluate the
efficacy of a mosquito repellent. The Board may also discuss planning
for future HSRB meetings.
B. Meeting Minutes and Reports
    Minutes of the meeting, summarizing the matters discussed and
recommendations, if any, made by the advisory committee regarding such
matters will be released within 90 calendar days of the meeting. Such
minutes will be available at http://www.epa.gov/osa/hsrb/ and http://www.regulations.gov
 In addition, information concerning a Board meeting

from the person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 21, 2006.
George M. Gray,
Science Advisor .
 [FR Doc. E6-22300 Filed 12-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Rules and Regulations]
[Page 18307]
[FR Doc No: 2015-07789]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. FDA-2009-N-0443]

Advisory Committee; Anti-Infective Drugs Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the
standing advisory committees' regulations to change the name of the
Anti-Infective Drugs Advisory Committee. This action is being taken to
change the name of this committee on the Agency's list of standing
advisory committees.

DATES: This rule is effective April 6, 2015. The name change became
applicable March 4, 2015.

FOR FURTHER INFORMATION CONTACT: Michael Ortwerth, Advisory Committee
Oversight and Management Staff, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, FAX:
301-847-8640, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Anti-Infective Drugs Advisory Committee
(the Committee) was established on October 7, 1980 (45 FR 79025). The
Committee reviews and evaluates available data concerning the safety
and effectiveness of marketed and investigational human drug products
for use in the treatment of infectious diseases and disorders.
    The Committee name has been changed to the following: Antimicrobial
Drugs Advisory Committee. The Agency changed the name to better reflect
the products and issues that will be brought to the committee. The
change became effective March 4, 2015.
    Therefore, the Agency is amending 21 CFR 14.100(c) as set forth in
the regulatory text of this document.
    Under 5 U.S.C. 553(b)(3)(B) and (d) and 21 CFR 10.40(d) and (e),
the Agency finds good cause to dispense with notice and public comment
procedures and to proceed to an immediate effective date on this rule.
Notice and public comment and a delayed effective date are unnecessary
and are not in the public interest as this final rule merely removes
the name of the Anti-Infective Drugs Advisory Committee from the list
of standing advisory committees in 21 CFR 14.100 and replaces it with
the Antimicrobial Drugs Advisory Committee.

List of Subjects in 21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
14 is amended as follows:

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
1. The authority citation for 21 CFR part 14 continues to read as
follows:

    Authority:  5 U.S.C. App. 2; 15 U.S.C. 1451-1461; 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264; Pub. L. 107-109; Pub. L. 108-155; Pub.
L. 113-54.

0
2. Amend Sec.  14.100 by revising paragraph (c)(2) introductory text to
read as follows:

Sec.  14.100  List of standing advisory committees.

* * * * *
    (c) * * *
    (2) Antimicrobial Drugs Advisory Committee.
* * * * *

    Dated: March 27, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-07789 Filed 4-3-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Notices]
[Page 12504]
[FR Doc No: 2014-04888]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-OAR-2013-0800; FRL-9907-52-Region-7]

Adequacy Determination for the St. Louis Area Ozone Early
Progress State Implementation Plan Motor Vehicle Emissions Budgets for
Transportation Conformity Purposes; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy determination.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that we have found that the motor vehicle emissions budgets
(MVEB) contained in the 8-hour Ozone Early Progress Plan submitted as a
State Implementation Plan (SIP) revision on August 16, 2013, by the
Missouri Department of Natural Resources (MDNR), are adequate for
transportation conformity purposes. Emissions estimates for 2015 were
included in the 8-hour Ozone Early Progress plan based on projected
emission inventories for that year which established the MVEBs. This
notice formalizes the 2015 mobile emissions estimates as adequate MVEBs
for future conformity determinations related to the ozone NAAQS.

DATES: This notice is effective on March 19, 2014.

FOR FURTHER INFORMATION CONTACT: Steven Brown at<PHONE_NUMBER>, by
email at<EMAIL_ADDRESS>or by mail at US Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. The word ``budget(s)'' refers to the motor
vehicle emission budgets for volatile organic compounds (VOCs) and
nitrogen oxides (NOX). The word ``SIP'' in this document
refers to the Early Progress Plan for the St. Louis 8-Hour Ozone
Nonattainment Area submitted by MDNR to EPA as a SIP revision on August
16, 2013.
    Today's notice is simply an announcement of a finding that EPA has
already made. EPA Region 7 sent a letter to MDNR on October 28, 2013,
stating that the MVEBs contained in the Early Progress Plan were
adequate for transportation conformity purposes. As a result of EPA's
finding, the State of Missouri must use the MVEBs from the August 16,
2013, 8-hour Ozone Early Progress Plan for future transportation
conformity determinations for the St. Louis area for the ozone NAAQS.
The finding is available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    Transportation conformity is required by section 176(c) of the
Clean Air Act, as amended in 1990. EPA's conformity rule requires that
transportation plans, programs and projects conform to state air
quality implementation plans and establishes the criteria and procedure
for determining whether or not they do. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). Please note that an adequacy review is separate
from EPA's completeness review, and it should not be used to prejudge
EPA's ultimate approval of the SIP. EPA plans to take action on the SIP
at a later date. We have described our process for determining the
adequacy of submitted SIP budgets in 40 CFR 93.118(f), and have
followed this rule in making our adequacy determination.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: February 25, 2014.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2014-04888 Filed 3-4-14; 8:45 am]
BILLING CODE 6560-50-P