[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59754-59756]
[FR Doc No: 2011-24674]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65371; File No. SR-C2-2011-021]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Related to the Exchange's Automated Improvement Mechanism

September 21, 2011.
    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 September 16, 2011, the C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange has designated the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend C2 Rule 6.51, Automated Improvement
Mechanism (``AIM''). The text of the proposed rule change is available
on the Exchange's Web site (http://www.c2exchange.com/Legal/RuleFilings.aspx), at the Exchange's Office of the Secretary 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 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    C2 Rule 6.51 governs the operation of an Exchange feature that
allows agency orders to electronically execute against principal or
solicited interest pursuant to a crossing entitlement after being
exposed in an auction (referred to as ``AIM''). The purpose of this
proposed rule change is to incorporate a provision into the rule that
would provide the Exchange with the ability to determine to apply a
price-time priority allocation algorithm for the SPXPM option class,\5\
subject to certain conditions.
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    \5\ SPXPM is the ticker symbol for the P.M.-settled S&P 500
Index options to be listed and traded on C2. See Securities Exchange
Act Release No. 65256 (September 2, 2011) (SR-C2-2011-008).
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    Currently, Rule 6.51(b)(3) specifies that agency orders may be
allocated via AIM at the best price(s) pursuant to the allocation
algorithm in effect for the class, subject to various conditions set
forth in subparagraphs (b)(3)(A) through (I), including a requirement
that public customer orders in the book shall have priority over the
crossing entitlement. As proposed, the rule change would provide the
Exchange with the flexibility to permit the allocation algorithm in
effect for AIM in the SPXPM option class to be the price-time priority
allocation algorithm (as provided in Rule 6.12, Order Execution and
Priority) even if the allocation algorithm in effect for intra-day
trading in the class is some other allocation algorithm.\6\ If a
determination is made to use price-time priority for AIM in the SPXPM
option class, allocations would still be subject to the various
conditions set forth in subparagraphs (b)(3)(A) through (I) of Rule
6.51, including the requirements that public customer orders in the
book have priority over the crossing entitlement and that the crossing
entitlement generally be limited to 40% (as specified in more detail in
Rule 6.51). All pronouncements regarding allocation algorithm
determinations by the Exchange for AIM in SPXPM will be announced to C2
Trading Permit Holders via Regulatory Circular.
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    \6\ The allocation algorithms include price-time priority, pro-
rata priority, and price-time with primary public customer and
secondary trade participation right priority. Each of these base
allocation methodologies can be supplemented with an optional market
turner priority overlay. See Rule 6.12(a) through (b).
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    As noted above, the price-time priority allocation algorithm that
would be applied to AIM for the SPXPM option class is one of the
algorithms specified in Rule 6.12. Thus, the Exchange is not creating
any new algorithm for the AIM mechanism with respect to SPXPM, but is
amending Rule 6.51 to provide the flexibility to choose the price-time
priority allocation algorithm for AIM in the SPXPM option class rather
than simply defaulting to the algorithm that will be in effect for
intra-day trading in the SPXPM options class (e.g., the algorithm for
intra-day trading in SPXPM may be established as pro-rata priority
(without public customer priority)), while the algorithm for AIM may be
established as price-time priority (subject to certain conditions set
out in the AIM rule, including the requirement that public customers
have priority over the crossing entitlement). All other aspects of AIM,
pursuant to Rule 6.51, shall apply unchanged.\7\
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    \7\ In connection with this change, the Exchange is also
proposing a non-substantive amendment to Rule 6.51. Specifically,
the Exchange is proposing to replace the term ``matching algorithm''
with ``allocation algorithm'' so there is consistency in the use of
terms within the rules. See proposed changes to Rule 6.51(b)(3).
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    Having this additional flexibility will allow the Exchange to
select the price-time priority allocation algorithm for AIM in the
SPXPM option class (which algorithm is included among the existing
algorithms set forth in Rule 6.12) even when a different allocation
algorithm may be in effect for intra-day trading in the SPXPM option
class. The Exchange notes that public customer orders are not impacted
by this proposed rule change because, as discussed above, public
customer priority is one of the conditions of the AIM auction that does
not change regardless of on the base allocation algorithm that is
applicable for the class. Thus, regardless of the base allocation
algorithm in effect for intra-day trading and AIM in the class (e.g.,
price-time priority or pro-rata priority), public customer orders in
the book have priority to execute before any crossing entitlement is
applied or any remaining balance after the application of the
entitlement is allocated pursuant to the base algorithm.\8\ For
example:
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    \8\ To the extent that public customers may strategically rest
orders based on the allocation algorithm employed for intra-day and
auction trading on a given exchange, public customers can (and
already would today under the existing rules) adjust their
``quoting'' behavior accordingly, similar to how they and other
market participants already would do today. Several market
characteristics factor into a market participant's quoting behavior
including, but certainly not limited to, the applicable fee
structure, average incoming order size, and the average touch rate
(i.e., average allocation a market participant actually receives on
incoming electronic orders). The allocation for any market
participant (including public customers) changes constantly from
order-to-order, second-to-second for various reasons. The ultimate
allocation depends upon, among other things, the size of an incoming
order and whatever trading interest happens to be represented at the
time the order is received. The Exchange believes (and as is further
illustrated above) that the instant proposed rule change presents
nothing novel or unique in this respect.

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     Under the current rules, the Exchange may determine to
apply a pro-rata allocation algorithm (without public customer
priority) for intra-day trading in SPXPM, in which case the AIM
allocation algorithm for SPXPM would be public customer priority, then
the crossing entitlement, then any remaining balance allocated based on
pro-rata priority.
     Under the proposed rule change, the Exchange may determine
to apply a pro-rata allocation algorithm (without public customer
priority) for intra-day trading in SPXPM and a price-time allocation
for AIM in SPXPM, in which case the AIM allocation algorithm would be
public customer priority, then the crossing entitlement, then any
remaining balance allocated based on pro-rata priority.
    Public customer orders have the same experience under both
allocation scenarios noted above. To further illustrate this point,
consider the following examples:
     Under the current rules, the intra-day allocation
algorithm in effect for SPXPM is pro-rata. If there are three public
customer orders to sell resting in the book (each for 10 contracts at
$1.20) and an agency order for 100 contracts is presented for crossing
via AIM and the execution price at the conclusion of the auction is
$1.20 (assume there are no responses and no other interest represented
on the book at $1.20), the priority would be 10 contracts to each
resting public customer order, then the remaining balance of 70
contracts is allocated to the crossing contra-order.
     Under the proposed rule change, if the intra-day
allocation algorithm in effect for SPXPM is pro-rata and for AIM in
SPXPM is price-time, the outcomes would be exactly the same.
Specifically, if there are three public customer orders to sell resting
in the book (each for 10 contracts at $1.20) and an agency order for
100 contracts is presented for crossing via AIM and the execution price
at the conclusion of the auction is $1.20 (assume there are no
responses and no other interest represented on the book at $1.20), the
priority would be 10 contracts to each resting public customer order,
then the remaining balance of 70 contracts is allocated to the crossing
contra-order.
    The Exchange also believes that having the ability to select price-
time priority as an alternate algorithm for SPXPM will provide us with
additional flexibility to incent market participants to respond to AIM
auctions. The Exchange believes that the proposed rule change would
encourage quote competition because it is designed to reward aggressive
pricing by offering incentives for Market-Makers and other market
participants to support and participate in AIM and for market
participants to establish the best price. When a price-time base
algorithm is utilized for AIM, all market participants (including
public customers) are incented to compete by establishing the best
price.
    The Exchange also notes that the outcomes that would result from
the selection of the price-time priority algorithm for AIM are not
novel or unique. Each outcome is an allocation that is currently
permitted under C2's existing allocation rule, Rule 6.12. (Under the
current rules, the Exchange could select price-time for the intra-day
algorithm in SPXPM and, thus, the allocation algorithm for AIM would be
public customer priority, then the crossing entitlement, then the
remainder allocated based on price-time priority.) The Exchange further
notes the fact that an order may be subject to one allocation under the
intraday automatic execution procedures and another allocation under
AIM is not novel or unique. The allocation algorithms for various
mechanisms and trading scenarios on C2 (and on other exchanges) already
have allocation algorithms ``hardcoded'' into the rules that differ
from the intra-day allocation algorithms.\9\ In each instance, a
resting order is subject to varying allocations depending on several
factors. In fact, as discussed and illustrated above, AIM currently has
an allocation algorithm hardcoded into the C2 rules that differs from
the intra-day allocation algorithm. As illustrated above, it is already
possible today for a simple resting public customer order to receive a
pro-rata share if executed intra-day, and a public customer priority
share if executed via AIM.
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    \9\ See, e.g., C2 Rules 6.51 and 6.52 and Chicago Board Options
Exchange, Incorporated Rules 6.74A and 6.74B.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \10\ and the rules thereunder, and in
particular with: Section 6(b)(5) of the Act, which requires that the
rules of a national securities exchange, among other things, be
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism for a free and open market and
a national market system, and, in general, to protect investors and the
public interest; and not be designed to permit unfair discrimination
between customers, issuers, brokers, or dealers; \11\ and Section
6(b)(8) of the Act, which requires the rules of an exchange not to
impose any burden on competition not necessary or in furtherance of the
Act.\12\ The Exchange believes the proposed rule change is consistent
with the Act in so much as use of a price-time priority allocation
algorithm for AIM in SPXPM is consistent with, and already permitted
under, C2 rules. The Exchange further notes that the proposed rule
change ensures that incoming electronic orders processed through AIM
are allocated in an equitable and fair manner and that market
participants (including public customers) have a fair and reasonable
opportunity for allocations based on established criteria and
procedures. In this regard, the Exchange notes that public customer
orders are not impacted by this proposed rule change because, as
discussed above, public customer priority is one of the conditions of
the AIM auction that does not change regardless of on the base
allocation algorithm that is applicable for the class. The Exchange
also believes that the change will allow the Exchange another method to
reward aggressive pricing in AIM for the SPXPM options class. The
Exchange believes that use of a price-time priority allocation
algorithm in AIM (which is already an approved allocation algorithm
utilized by the Exchange) would encourage quote competition because is
designed to reward aggressive pricing by offering incentives both for
Market-Makers and other market participants to support and participate
in the C2 marketplace and for market participants to establish the best
price. When a price-time algorithm is utilized in AIM, market
participants (including public customers) are incented to compete by
establishing the best price.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78f(b)(8).

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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.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule 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 if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file 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 proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6)
thereunder.\14\ 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.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-C2-2011-021 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 Number SR-C2-2011-021. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of C2. 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 publicly available. All
submissions should refer to File Number SR-C2-2011-021 and should be
submitted on or before October 18, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24674 Filed 9-26-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19149-19150]
[FR Doc No: 2020-07175]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0989]

Assessing the Resource Needs of the Prescription Drug User Fee
Act and Biosimilar User Fee Act; Publication of Report; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the publication of a report providing options and recommendations for a
new methodology to accurately assess changes in the resource and
capacity needs of the human drug and biosimilar biologic review
programs. FDA, in both the Prescription Drug User Fee Amendments of
2017 (PDUFA VI) and Biosimilar User Fee Amendments of 2017 (BsUFA II)
committed to obtaining this report through a contract with an
independent accounting or consulting firm and publishing it before
September 30, 2020. This was also codified in the respective
authorizing statutory language. FDA is announcing publication of this
report and the opening of a docket to receive public comment on this
report. Per the respective statutory sections, after review of this
report and receipt and review of public comment thereon, FDA will
establish a capacity planning methodology for adjusting the annual fee
revenue amounts for the PDUFA and BsUFA programs.

DATES: Submit either electronic or written comments on the report by
May 6, 2020, to ensure that the Agency considers your comment on this
report before it implements the capacity planning adjustment
methodology.

ADDRESSES: You may submit comments on this report at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-0989 for ``Assessing the Resource Needs of the Prescription
Drug User Fee Act, Biosimilar User Fee Act, Report Publication; Request
for Comments.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not

in the body of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Graham Thompson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993-0002, 301-
796-5003, Fax:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is announcing the publication of a
report providing options and recommendations for a new methodology to
accurately assess changes in the resource and capacity needs of the
human drug and biosimilar biologic review programs. FDA, in both the
PDUFA VI and BsUFA II commitment letters, committed to obtaining this
report and publishing it before September 30, 2020. These commitments
were also codified in the statute authorizing these programs (sections
736(c)(2)(C) and 744H(c)(2)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379h(c)(2)(C) and 379j-52(c)(2)(B)).
    PDUFA and BsUFA, (referred to collectively here as ``UFA(s)'') each
establish fee amounts for each fiscal year. Although the specifics for
each UFA are different, the process for each generally involves the
following: Taking an annual base revenue amount and adjusting that base
revenue amount for inflation and other UFA-specific adjustments to
establish a target revenue amount for the fiscal year for the UFA. The
target revenue amount sets the total amount of fee revenue for the UFA
that FDA expects to collect for that fiscal year. The target revenue
amount is then divided up based on UFA-specific processes to set the
individual fee amounts for the fiscal year.
    While this process creates a relatively predictable source of UFA
fee revenue for FDA, it also requires a method for adjustment to
account for changes in workload. For example, without an adjustment for
workload, during a period of growth in regulatory submissions the
target revenue will remain fixed and a higher number of submissions
results in the same total revenue collected; in other words, the Agency
would have more work while fee revenue remains fixed and would not be
able to afford hiring the additional staff required to maintain review
timeline performance.
    This issue was recognized by PDUFA-program stakeholders, and in
2003, the first year of PDUFA III, a Workload Adjustment was
introduced. This adjustment created a means to adjust the annual PDUFA
target revenue to account for long-term changes in the volume of
certain regulatory submissions. Although an important mechanism to help
ensure that the PDUFA target revenue keeps pace with regulatory
submissions, the Workload Adjustment has been a topic in each PDUFA
reauthorization negotiation since its inception. As such, it has
undergone a number of changes, notably the addition and later removal
of a factor to adjust revenue based on the complexity of submissions.
It has also been the subject of a number of studies. A theme emerging
from these studies identified the Workload Adjuster methodology as
suboptimal, but the best method reasonably possible based on the data
available to FDA at that time.
    In PDUFA VI (fiscal years 2018 to 2022), FDA made commitments to
help improve the available data and in turn the adjuster methodology.
These commitments included establishing a Resource Capacity Planning
capability and modernizing FDA's activity-based time reporting to
provide better data to inform current and likely future resource needs.
PDUFA VI changed the name of the adjustment to the Capacity Planning
Adjustment, established an interim methodology for the early years of
PDUFA VI, and outlined a process to implement a new fee adjustment
methodology.
    The process calls for FDA to obtain, through a contract with an
independent accounting or consulting firm, an evaluation of options and
recommendations for a new methodology to accurately assess changes in
the resource and capacity needs of the human drug review program. Booz
Allen Hamilton was commissioned to produce this report. The report is
publicly available on FDA's website at: https://www.fda.gov/industry/fda-user-fee-programs/resource-capacity-planning-and-modernized-time-reporting, and FDA will review public comments on the report. After
review of the public comments, FDA can then implement a new robust
methodology for assessing the resource needs of the program that
results from sustained increases in PDUFA workload, as appropriate and
warranted in light of comments we receive.
    Within BsUFA II (fiscal years 2018 to 2022), FDA made a commitment
to use this same study to also assess options and recommendations for a
new methodology to assess changes in the resource and capacity needs of
the biosimilar biological product review program. Whereas PDUFA has an
interim Capacity Planning Adjustment in place now, BsUFA does not have
and has not had an adjustment designed to accomplish similar goals for
the BsUFA program. Like with the process outlined with PDUFA, FDA can
also implement an adjustment methodology following the publication of
the report and review of any public comments, as appropriate and
warranted in light of comments we receive.

    Dated: April 1, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-07175 Filed 4-3-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3444-3445]
[FR Doc No: 2019-01545]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9988-96-OAR]

Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability and request for comments.

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SUMMARY: The Draft Inventory of U.S. Greenhouse Gas Emissions and
Sinks: 1990-2017 is available for public review. EPA requests
recommendations for improving the overall quality of the inventory
report to be finalized in April 2019, as well as subsequent inventory
reports.

DATES: To ensure your comments are considered for the final version of
the document, please submit your comments by March 14, 2019. However,
comments received after that date will still be welcomed and considered
for the next edition of this report.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2018-0853, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. Do
not submit electronically any information you consider to be
Confidential Business Information (CBI). Comments can also be submitted
in hardcopy to GHG Inventory at: Environmental Protection Agency,
Climate Change Division (6207A), 1200 Pennsylvania Ave. NW, Washington,
DC 20460, Fax:<PHONE_NUMBER>. You are welcome and encouraged to send
an email with your comments to<EMAIL_ADDRESS>EPA may publish
any comment received to its public docket, submitted in hardcopy or
sent via email. For additional submission methods, the full EPA public
comment policy, information about CBI, and general guidance on making
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Mausami Desai, Environmental
Protection Agency, Office of Air and Radiation, Office of Atmospheric
Programs, Climate Change Division,<PHONE_NUMBER>,
ghginventory<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Annual U.S. emissions for the period of time
from 1990 through 2017 are summarized and presented by sector,
including source and sink categories. The inventory contains estimates
of carbon dioxide (CO2), methane (CH4), nitrous
oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons
(PFC), sulfur hexafluoride (SF6), and nitrogen trifluoride
(NF3) emissions. The technical approach used in this report
to estimate emissions and sinks for greenhouse gases is consistent with
the methodologies recommended by the Intergovernmental Panel on Climate
Change (IPCC), and reported in a format consistent with the United
Nations Framework Convention on Climate Change (UNFCCC) reporting
guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks:
1990-2017 is the latest in a series of annual, policy-neutral U.S.
submissions to the Secretariat of the UNFCCC. EPA requests
recommendations for improving the overall quality of the inventory
report to be finalized in April 2019, as well as subsequent inventory
reports.
    The draft report is available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.

Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2019-01545 Filed 2-11-19; 8:45 am]
 BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 23, 2002

                     NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-12210 &
2000-7149

_____________________________________________________________

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

Application of   American Airlines, Inc.     filed    8/8/02   for:

XX  Waiver from dormancy condition:

By Notice of Action Taken dated May 29, 2002, the Department granted
American Airlines four weekly combination frequencies to provide
third-country code-share services in the U.S.-Ghana market, pursuant to
a code-share arrangement with Swiss International Air Lines, Ltd., via
Zurich Switzerland and Lagos, Nigeria.  The frequencies are subject to
the condition that they will expire automatically and revert to the
Department for reallocation if they are not used for a period of 90
days.  Under the terms of the Notice of Action Taken, American’s
frequency allocation would automatically expire if American does not
begin service by August 28, 2002.  American and Swiss have applied to
the Government of Ghana for required authorizations and expect to
receive them shortly; however, American seeks a waiver from the 90-day
dormancy condition through October 28, 2002, to protect against the
possibility that the authorizations may not be ready in time to
implement the service by August 28, 2002.

Applicant rep.:    Carl B. Nelson, Jr.,<PHONE_NUMBER>    DOT analyst:
Sylvia Moore,<PHONE_NUMBER>

DISPOSITION

XX  Granted (see Remarks)

The above action was effective when taken:    August 23, 2002,  through
 October 28, 2002

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

________________________________________________________________________
______________

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

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

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

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

 American's waiver from the dormancy condition is effective through
October 28, 2002, or until the date on which American begins service
with each of the frequencies, whichever occurs earlier.  As to any
frequency with which American does not begin service by October 28,
2002, its frequency allocation with respect to that frequency expires
automatically.


[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17170-17171]
[FR Doc No: 2018-08072]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-12-000]

Notice of Availability of the Environmental Assessment for the
Proposed Natural Gas Pipeline Company of America, LLC Herscher
Northwest Storage Field Abandonment Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Herscher Northwest Storage Field Abandonment Project, proposed by
Natural Gas Pipeline Company of America LLC (Natural) in the above-
referenced docket. Natural requests authorization to abandon the
Herscher Northwest Storage Field facilities with its certificated
maximum inventory of 18.5 billion cubic feet (Bcf) located in Kankakee
County, Illinois.
    The EA assesses the potential environmental effects of the
abandonment of the Herscher Northwest Storage Field Abandonment Project
in accordance with the requirements of the National Environmental
Policy Act (NEPA). The FERC staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    Natural proposes to abandon:
     In place 19 injection/withdrawal wells by permanently
plugging and capping;
     in place 16.15 miles of 4- to 16-inch-diameter associated
pipeline laterals in the storage field by capping;
     in place 13 non-jurisdictional observation wells by
plugging;
     in place one non-jurisdictional salt water disposal well
by plugging;
     in place approximately 15.3 Bcf of non-recoverable cushion
gas;
     by removal the 330-horsepower Compressor Station 202
including its building, compressor unit, concrete piers, and concrete
foundation; and
     by removal all aboveground and belowground storage field
auxiliary surface facilities, including, but not limited to: Well head
piping, slug catchers, water gathering system, and methanol
distribution systems associated with the abandoned wells; seven tap
valves; a pigging facility; and two corrosion monitors along with their
associated rectifiers and ground beds.
    Natural also proposes to convert the P. Cook No. 1 injection/
withdrawal well to an observational well for its nearby Herscher Mount
Simon Storage Field; and retain the P. Cook No. G-1 well as an
observation well for its nearby Herscher Galesville Storage Field.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; and newspapers and libraries in the project area. In addition,
the EA is available for public viewing on the FERC's website
(www.ferc.gov) using the eLibrary link. A limited number of copies of
the EA are available for distribution and public inspection at: Federal
Energy Regulatory Commission, Public Reference Room, 888 First Street
NE, Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before May 14,
2018.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP18-12-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or
[email protected].
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You must select the type of filing you are making. If you
are filing a comment on a particular

project, please select Comment on a Filing; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on General Search, and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP18-
12). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: April 12, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-08072 Filed 4-17-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Page 28830]
[FR Doc No: 2013-11657]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2009-154]

Virginia Electric and Power Company; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project Use of Project Lands and Waters.
    b. Project No: 2009-154.
    c. Date Filed: February 28, 2013.
    d. Applicant: Virginia Electric and Power Company d/b/a Dominion
North Carolina Power.
    e. Name of Project: Roanoke Rapids and Gaston Hydroelectric
Project.
    f. Location: The Roanoke Rapids and Gaston Hydroelectric Project is
located on the Roanoke River, on the Virginia-North Carolina border, in
Brunswick and Mecklenburg counties, Virginia, and in Halifax,
Northampton, and Warren counties, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C .791a-825r.
    h. Applicant Contact: James Thornton, Virginia Electric and Power
Company, 5000 Dominion Boulevard, Glen Allen, Virginia 23060; Phone:
(804) 273-3257.
    i. FERC Contact: Patricia A. Grant at<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: June 10, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2009-154) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Virginia Electric and Power Company
requests permission to authorize Dockside Associates LLC to construct
45 new boat slips on four new pile-supported docks along approximately
1,850 linear feet of lake shoreline owned by the licensee. This docking
facility, on licensee land, will support a new commercial development
to be known as Dockside Landing at Pea Hill, to be constructed on the
adjacent 7.7-acre commercial property in Northampton County, North
Carolina.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document (P-2009). You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
licensee's offices. Agencies may obtain copies of the application
directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: May 10, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11657 Filed 5-15-13; 8:45 am]
BILLING CODE 6717-01-P


Permit Number:  03-A-010-S2

Plant Number:  11-01-029

Company:  Meridian Manufacturing Group

Contact Person:
Responsible Party:
Al Gonzalez
Jeff Kenzie
EH&S Coordinator
Director of U.S. Operations

712-723-1780

<EMAIL_ADDRESS>

2902 Expansion Blvd.
2902 Expansion Blvd.
Storm Lake, IA 50588
Storm Lake, IA 50588

                              Permitted Equipment

Emission Point ID:  1

Emission Unit(s) and Control Equipment:

                                     EU ID
                                  Description
                            Maximum Rated Capacity
                     Control Equipment Description and ID
                                       1
                                 Paint Booth 1
                             2 guns @ 15.55 gal/hr
                               Panel Filter CE 1

Equipment Location:  2902 Expansion Blvd.
                        Storm Lake, IA 50588

Issuance of this permit 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.

                                Project Number
                              Project Description
                                 Stack Testing
                                 Issuance Date
                                    18-181
                              Limit VOC and HAPs
                                      No
                                    7/19/18

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

                               PERMIT CONDITIONS

1.  Emission Limits

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 this permit.  The following emission limits shall not be exceeded:

                                   Pollutant
                                   lb/hr[1]
                                  tons/yr[2]
                                 Other Limits
                                Reference/Basis
Particulate Matter (PM)  -  State
                                      NA
                                      NA
                                 0.01 gr/dscf
                               567 IAC 23.4(13)
PM10
                                      NA
                                      NA
                                      NA
                                      NA
PM2.5
                                      NA
                                      NA
                                      NA
                                      NA
Opacity
                                      NA
                                      NA
                                   40%[3, 4]
                            567 IAC 23.3(2)"d"
Volatile Organic Compounds
                                      NA
                                      NA
                                      NA
                                      NA
(Single HAP)
                                      NA
                                      NA
                                      NA
                                      NA
(Total HAP)
                                      NA
                                      NA
                                      NA
                                      NA

   [1] The emission limit is expressed as the average of three (3) runs.
   [2] The emission limit is based on a twelve (12) month rolling total.
   [3] The emission limit is based on a six (6) minute average.
   [4] An exceedance of the indicator opacity of 10% 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).

2.  Compliance Demonstration(s)

                        Compliance Demonstration Table

                                   Pollutant
                            Compliance Methodology
                                   Frequency
                                 Test Run Time
                                  Test Method
PM  -  State
                                     None
                                      NA
                                    1 hour
40 CFR 60, Appendix A, Method 5
40 CFR 51 Appendix M Method 202
PM10
                                     None
                                      NA
                                    1 hour
40 CFR 51, Appendix M, 201A with 202
PM2.5
                                     None
                                      NA
                                    1 hour
40 CFR 51, Appendix M, 201A with 202
Opacity
                                     None
                                      NA
                                    1 hour
40 CFR 60, Appendix A, Method 9
VOC
                               Recordkeeping[1]
                               12-month rolling
                                      NA
See condition 5
HAP
                               Recordkeeping[1]
                               12-month rolling
                                      NA
See condition 5

   [1] See Condition 5 of the permit for the required recordkeeping requirements.

If an initial stack test is specified in the "Compliance Demonstration Table," the owner or the owner's authorized agent shall demonstrate compliance with the emission limitations contained in Condition 1 within the applicable time period specified below:

 Within sixty (60) days after achieving the maximum production rate and no later than one hundred eighty (180) days after the initial startup date of the proposed equipment for the addition of new equipment or the physical modification of existing equipment or control equipment.
 Within ninety (90) days of the issuance of this permit if there is no physical modification to any emission units or control equipment.

If any additional stack testing beyond an initial test (i.e. quarterly, semi-annual, annual, etc.) is required in "Compliance Demonstration Table," the owner or the owner's authorized agent shall demonstrate compliance with the emission limitations contained in Condition 1 as specified in the "Compliance Demonstration Table."  See Conditions 12.A.(4) and 12.B.(5) for notification and reporting requirements.

2.  Compliance Demonstration(s) (Continued)

If stack testing is required, 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 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.

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 point shall conform to the specifications listed below:

                                   Parameter
                                     Value
Stack Height (feet from the ground)
37
Discharge Style
Vertical unobstructed
Stack Outlet Dimensions (inches)
36
Exhaust Temperature ([o]F)
70
Exhaust Flowrate (scfm)
9000

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 emission unit(s) in this permit:

This emission unit is not subject to any NSPS subparts at this time as there are no applicable subparts for its source category.

NOTE:  The absence of the inclusion of any NSPS requirements as part of this permit does not relieve the owner or operator from any obligation to comply with all applicable NSPS conditions.

 National Emission Standards for Hazardous Air Pollutants (NESHAP):
The following subparts apply to the emission unit(s) in this permit:

This emission unit is of the source category for Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; 40 CFR §63.3880  -  §63.3981.  However, this emission unit is not subject because the facility wide HAP emissions are less than the major source levels.

                                     EU ID
                                    Subpart
                                     Title
                                     Type
                           State Reference (567 IAC)
                          Federal Reference (40 CFR)
                                       1
                                       A
General Provisions
                                      NA
                                    23.1(4)
                              §63.1  -  §63.15

                                    XXXXXX
National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.
                                   Existing
                                   23.1(4)ex
                           §63.11514  -  §63.11522

NOTE:  The absence of the inclusion of any NESHAP requirements as part of this permit does not relieve the owner or operator from any obligation to comply with all applicable NESHAP conditions.

5.  Operating Requirements with Associated Monitoring and Recordkeeping

Unless specified by a federal regulation, all records as required by this permit 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 for this permit shall be:

 The amount of paint used at this facility shall not exceed 40,000 gallons per 12-month rolling period.
 Record the amount of paint used at this facility, in gallons. Calculate and record monthly and 12-month rolling totals.

 The VOC content of any paint used in this facility shall not exceed 4.52 pounds per gallon.
 Maintain the SDS of any paint used at this facility showing the VOC content.

 The single HAP (SHAP) content of any paint used in this facility shall not exceed 0.19 pounds per gallon.
 Maintain the SDS of any paint used at this facility showing the SHAP content.

 The total HAP (THAP) content of any paint used in this facility shall not exceed 0.24 pounds per gallon.
 Maintain the SDS of any paint used at this facility showing the THAP content.

 The amount of solvent used at this facility shall not exceed 700 gallons per 12-month rolling period.
 Record the amount of solvent used at this facility, in gallons. Calculate and record monthly and 12-month rolling totals.

 The VOC content of any solvent used in this facility shall not exceed 7.5 pounds per gallon.
 Maintain the SDS of any solvent used at this facility showing the VOC content.

 The owner or operator shall meet the requirements of 40 CFR §63.11516(d)(1) through §63.11516(d)(9) whenever using spray material containing MFHAP as defined in 40 CFR §63.11522.

 The owner or operator shall meet the notification, recordkeeping and reporting requirements of 40 CFR §63.11519.

 The owner or operator shall operate and maintain the control equipment in accordance with the recommendations of the manufacturer.
 The permittee shall maintain a record of all inspections/maintenance and any action resulting from the inspections/maintenance of the control equipment.

6.  Continuous Emission Monitoring Systems (CEMS)

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

7.  Department Review

This permit is 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.  This permit is 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 this permit 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

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

Any owner or operator of the specified emission unit(s), control equipment, or emission point, including any person who becomes an owner or operator subsequent to the date on which this permit is issued, is responsible for assuring that the installation, operation, and maintenance of the equipment listed in this permit is in compliance with the provisions of this permit 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, this permit is 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.

      This 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 the 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 the 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 the emission point permitted herein, is not completed within a time period specified elsewhere in this permit.

 Changes to Plans and Specifications:
The owner or operator shall amend this 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
 This 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

 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 no 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 this permit 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.)

 Information regarding this permit should 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 E. 9th St.
Des Moines, IA  50319
Telephone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Field Office 3
1900 North Grand
Gateway North Mall
Spencer, Iowa 53101
Phone:<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

                                  Permit No.
                                  Project No.
                                  Description
                                     Date
                                 Stack Testing
                                   03-A-010
                                    02-657
                                Original Permit
                                   02/14/03
                                      Yes
                                  03-A-010-S1
                                    04-403
                             Change air flow rate
                                   07/19/04
                                      No

                                 END OF PERMIT


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Page 60890]
[FR Doc No: 2017-27799]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0213; FRL-9972-47-OAR]
RIN 2060-AT43

Protection of Stratospheric Ozone: Refrigerant Management
Regulations for Small Cans of Motor Vehicle Refrigerant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) received adverse
comment on the direct final rule titled ``Protection of Stratospheric
Ozone: Refrigerant Management Regulations for Small Cans of Motor
Vehicle Refrigerant,'' published on September 28, 2017. Therefore,
through this document we are withdrawing that direct final rule.

DATES: Effective December 26, 2017, EPA withdraws the direct final rule
published at 82 FR 45202, on September 28, 2017.

FOR FURTHER INFORMATION CONTACT: Sara Kemme by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue NW, Washington, DC 20460; by
telephone:<PHONE_NUMBER>; or by email: [email protected].

SUPPLEMENTARY INFORMATION: The EPA received adverse comment on the
direct final rule ``Protection of Stratospheric Ozone: Refrigerant
Management Regulations for Small Cans of Motor Vehicle Refrigerant,''
published on September 28, 2017 (82 FR 45202). The direct final rule
stated that if the Agency received adverse comment by October 30, 2017,
the direct final rule would not take effect and EPA would publish a
timely withdrawal in the Federal Register. Because we received adverse
comment on that direct final rule during that comment period we are
withdrawing the direct final rule in this document. We will address
relevant comments in any subsequent final action, which would be based
on the parallel proposed rule also published on September 28, 2017 (82
FR 45253). The Agency intends to act expeditiously on the parallel
proposed rule. As stated in the direct final rule and the parallel
proposed rule, there will not be a second comment period on this
action.

List of Subjects in 40 CFR Part 82

    Environmental protection, Air pollution control, Chemicals,
Reporting and recordkeeping requirements.

    Dated: December 15, 2017.
E. Scott Pruitt,
Administrator.

0
Accordingly, the amendments to 40 CFR 82.154 published on September 28,
2017 (82 FR 45202) are withdrawn as of December 26, 2017.

[FR Doc. 2017-27799 Filed 12-22-17; 8:45 am]
BILLING CODE 6560-50-P