[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20087-20090]
[FR Doc No: 2012-7913]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66670; File No. SR-NYSEArca-2012-09]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Relating to the Listing and Trading of
the PIMCO Global Advantage Inflation-Linked Bond Strategy Fund Under
NYSE Arca Equities Rule 8.600

March 28, 2012.

I. Introduction

    On January 27, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares
(``Shares'') of the PIMCO Global Advantage Inflation-Linked Bond
Strategy Fund (``Fund'') under NYSE Arca Equities Rule 8.600. The
proposed rule change was published for comment in the Federal Register
on February 16, 2012.\3\ The Commission received no comments on the
proposed rule change. This order grants approval of the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66381 (February 10,
2012), 77 FR 9281 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund pursuant
to NYSE Arca Equities Rule 8.600, which governs the listing and trading
of Managed Fund Shares on the Exchange. The Shares will be offered by
PIMCO ETF Trust (``Trust''),\4\ a statutory trust organized under the
laws of the State of Delaware and registered with the Commission as an
open-end management investment company. The investment manager of the
Fund is Pacific Investment Management Company LLC (``PIMCO'' or
``Adviser''). State Street Bank & Trust Co. is the custodian and
transfer agent for the Fund, and PIMCO Investments LLC is the
distributor for the Fund. The Exchange states that the Adviser is
affiliated with a broker-dealer and, as such, represents that the
Adviser has implemented a fire wall with respect to its broker-dealer
affiliate regarding access to information concerning the composition
and/or changes to the Fund's portfolio.\5\
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    \4\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On February 14, 2011, the Trust filed with the
Commission Post-Effective Amendment No. 25 under the Securities Act
of 1933 (15 U.S.C. 77a) (``Securities Act'') and Amendment No. 27
under the 1940 Act to the Trust's registration statement on Form N-
1A relating to the Fund. On October 28, 2011, the Trust filed with
the Commission Post-Effective Amendment No. 43 under the Securities
Act and Amendment No. 45 under the 1940 Act to the Trust's
registration statement on Form N-1A relating to the Fund (File Nos.
333-155395 and 811-22250) (``Registration Statement''). In addition,
the Commission has issued an order granting certain exemptive relief
to the Trust under the 1940 Act. See Investment Company Act Release
No. 28993 (November 10, 2009) (File No. 812-13571) (``Exemptive
Order'').
    \5\ See NYSE Arca Equities Rule 8.600, Commentary .06. In the
event (a) the Adviser or any sub-adviser becomes newly affiliated
with a broker-dealer, or (b) any new adviser or sub-adviser becomes
affiliated with a broker-dealer, it will implement a fire wall with
respect to such broker-dealer regarding access to information
concerning the composition and/or changes to the portfolio, and will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio.
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PIMCO Global Advantage Inflation-Linked Bond Strategy Fund

    The Fund seeks total return which exceeds that of its benchmark
indexes, consistent with prudent investment management. The Fund's
primary benchmark index is the Barclays Capital Universal Government
Inflation-Linked Bond Index. The Fund's secondary benchmark index is
the PIMCO Global Advantage Inflation-Linked Bond Index. The Fund seeks
to achieve its investment objective by investing under normal
circumstances \6\ at least 80% of its assets in a portfolio of
inflation-linked bonds that is economically tied to at least three
developed and/or emerging market countries (one of which may be the
United States). The Fund's holdings may include bonds issued by issuers
in both developed and/or emerging market countries, and the Fund is
expected to hold bonds of issuers that are economically tied \7\ to
many of the countries represented in the Fund's primary benchmark
index.\8\ Assets not invested in inflation-linked bonds may be invested
in other types of Fixed Income Instruments.\9\
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    \6\ The term ``under normal circumstances'' includes, but is not
limited to, the absence of extreme volatility or trading halts in
the fixed income markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption, or any similar intervening
circumstance.
    \7\ PIMCO generally considers an instrument to be economically
tied to a non-U.S. country if the issuer is a foreign government (or
any political subdivision, agency, authority or instrumentality of
such government), or if the issuer is organized under the laws of a
non-U.S. country. In the case of certain money market instruments,
such instruments will be considered economically tied to a non-U.S.
country if either the issuer or the guarantor of such money market
instrument is organized under the laws of a non-U.S. country.
    \8\ Each country's approximate weighting within the global
inflation-linked bond market, as reflected by the approximate
weighting of the Barclays Capital Universal Government Inflation-
Linked Bond Index (the Fund's primary benchmark), as of January 31,
2011, is as follows: U.S. 32%, U.K. 19%, France 11%, Brazil 10%,
Italy 7%, Canada 2%, Germany 3%, Japan 3%, Mexico 2%, Sweden 2%,
Turkey 2%, Argentina 1%, Australia 1%, Greece 1%, South Africa 1%,
Chile <1%, Poland <1%, Colombia <1%, and South Korea <1%. Each
country's approximate value of outstanding inflation-linked bonds
also as of January 31, 2011, is as follows (in $ billions): U.S.
$642.7, U.K. $392.2, France $222.0, Brazil $209.6, Italy $143.2,
Canada $49.9, Germany $60.9, Japan $57.0, Mexico $45.7, Sweden
$39.1, Turkey $45.9, Argentina $20.0, Australia $17.7, Greece $11.8,
South Africa $26.4, Chile $8.2, Poland $5.5, Colombia $2.7, and
South Korea $3.4.
    \9\ The term ``Fixed Income Instruments'' includes: securities
issued or guaranteed by the U.S. Government, its agencies or
government-sponsored enterprises (``U.S. Government Securities'');
corporate debt securities of U.S. and non-U.S. issuers, including
convertible securities and corporate commercial paper; mortgage-
backed and other asset-backed securities; inflation-indexed bonds
issued both by governments and corporations; structured notes,
including hybrid or ``indexed'' securities and event-linked bonds;
bank capital and trust preferred securities; loan participations and
assignments; delayed funding loans and revolving credit facilities;
bank certificates of deposit, fixed time deposits and bankers'
acceptances; repurchase agreements on Fixed Income Instruments and
reverse repurchase agreements on Fixed Income Instruments; debt
securities issued by states or local governments and their agencies,
authorities and other government-sponsored enterprises; obligations
of non-U.S. governments or their subdivisions, agencies and
government-sponsored enterprises; and obligations of international
agencies or supranational entities. Securities issued by U.S.
Government agencies or government-sponsored enterprises may not be
guaranteed by the U.S. Treasury.
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    Inflation-linked bonds are government-issued fixed income
securities that are structured to provide protection against inflation.
The value of the bond's principal or the interest income paid on the
bond is adjusted to track changes in an official inflation measure. The
effective duration of the Fund's portfolio normally varies within two
years (plus or minus) of the effective duration of the PIMCO Global
Advantage Inflation-Linked Bond Index which, as of September 30, 2011,
as converted, was 4.53 years.
    The Fund will invest under normal circumstances at least 80% of its
assets in inflation-linked bonds issued by U.S. or foreign governments
(or any political subdivision, agency, authority or instrumentality of
such government).\10\

The secondary benchmark includes a liquidity screen to remove
inflation-linked bonds issued by governments of countries with
cumulative inflation-linked bond issuances below $7 billion local
currency equivalent, in addition to liquidity screens at the issue
level. The Exchange represents that the global inflation-linked bond
market exceeded $2.25 trillion as of December 31, 2011.\11\
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    \10\ The value of inflation-linked bonds is expected to change
in response to changes in real interest rates. Real interest rates
are tied to the relationship between nominal interest rates and the
rate of inflation. If nominal interest rates increase at a faster
rate than inflation, real interest rates may rise, leading to a
decrease in value of inflation-linked bonds.
    \11\ The value of the global inflation-linked bond market is
calculated based on the total outstanding value of issues included
in the Barclays Capital Universal Government Inflation-Linked Bond
Index that are not expiring in less than one year.
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    The Fund primarily will invest in debt securities rated Baa or
higher by Moody's Investors Service, Inc., or equivalently rated by
Standard & Poor's Ratings Services or Fitch, Inc., or, if unrated,
determined by PIMCO to be of comparable quality.\12\ The Fund may
obtain foreign currency exposure (from non-U.S. dollar denominated debt
securities or currencies) without limitation. The Fund may purchase and
sell debt securities on a when-issued, delayed delivery or forward
commitment basis. The Fund may, without limitation, seek to obtain
market exposure to the securities in which it primarily invests by
entering into a series of purchase and sale contracts or by using other
investment techniques (such as buy backs or dollar rolls). The Fund may
invest, without limitation, in debt securities and instruments of
foreign government issuers, including debt securities and instruments
economically tied to emerging market countries.
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    \12\ The Adviser represents that, in selecting securities for
the Fund, PIMCO will develop an outlook for interest rates, currency
exchange rates and the economy, analyze credit and call risks, and
use other security selection techniques. The proportion of the
Fund's assets committed to investment in securities with particular
characteristics (such as quality, sector, interest rate or maturity)
will vary based on PIMCO's outlook for the U.S. economy and the
economies of other countries in the world, the financial markets,
and other factors. Sophisticated proprietary software will assist in
evaluating sectors, pricing and rating specific securities. Once
investment opportunities are identified, PIMCO will shift assets
among sectors and securities depending upon changes in relative
valuations and credit spreads in a manner consistent with the Fund's
objective and strategies. To the extent the Fund invests in unrated
securities that PIMCO determines to be of comparable quality to
rated securities that the Fund may purchase, the Fund's ability to
achieve its objective may depend more heavily on PIMCO's
creditworthiness analysis than if the Fund invested exclusively in
rated securities.
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Other Portfolio Holdings

    If PIMCO believes that economic or market conditions are
unfavorable to investors, PIMCO may temporarily invest up to 100% of
the Fund's assets in certain defensive strategies, including holding a
substantial portion of the Fund's assets in cash, cash equivalents, or
other highly rated short-term securities, including securities issued
or guaranteed by the U.S. government, its agencies or
instrumentalities, and affiliated money market and/or short-term bond
funds.
    The Fund may invest in, to the extent permitted by Section 12(d)(1)
of the 1940 Act and rules thereunder, other affiliated and unaffiliated
funds, such as open-end or closed-end management investment companies,
including other exchange traded funds. In addition, the Fund may enter
into foreign currency transactions (such as currency forwards).\13\
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    \13\ The Fund may engage in these transactions primarily to: (1)
Protect against uncertainty in the level of future foreign exchange
rates in the purchase and sale of securities; or (2) lower currency
deviations relative to the Fund's benchmark indexes.
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    The Fund may hold in the aggregate up to 15% of its net assets in:
(1) Illiquid securities, which include delayed funding loans, revolving
credit facilities, fixed- and floating-rate loans, and loan
participations and assignments, and (2) Rule 144A securities. Certain
illiquid securities may require pricing at fair value as determined in
good faith under the supervision of the Fund's Board of Trustees. The
term ``illiquid securities'' for this purpose means securities that
cannot be disposed of within seven days in the ordinary course of
business at approximately the amount at which the Fund has valued the
securities.
    With respect to its equity securities investments, the Fund will
invest only in U.S. registered equity securities and non-U.S.-
registered equity securities that trade in markets that are members of
the Intermarket Surveillance Group (``ISG'') or are parties to a
comprehensive surveillance sharing agreement with the Exchange.

Investment Limitations

    The Fund is subject to the following investment limitations:
    The Fund may not concentrate its investments in a particular
industry, as that term is used in the 1940 Act, and as interpreted,
modified, or otherwise permitted by regulatory authority having
jurisdiction from time to time.\14\
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    \14\ The Fund's policy with respect to the concentration of
investments in a particular industry is disclosed in the Trust's
Registration Statement.
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    The Fund will be non-diversified, which means that it may invest
its assets in a smaller number of issuers than a diversified fund.\15\
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    \15\ The minimum number of inflation-linked bonds and other
Fixed Income Instruments and issuers in which the Fund may invest at
any one time depends in part upon the number of securities or
issuers comprising the Fund's benchmark indexes. In seeking to
achieve its investment objective, the Fund's portfolio will consist
of at least twenty-five (25) inflation-linked bonds and other Fixed
Income Instruments on any given day, but the Fund may regularly
invest in fifty (50) or more inflation-linked bonds and other Fixed
Income Instruments at a time in seeking to achieve its investment
objective. The Fund's portfolio will hold issues of at least 13 non-
affiliated issuers.
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    The Fund intends to qualify annually and elect to be treated as a
regulated investment company under Subchapter M of the Internal Revenue
Code.
    Consistent with the Exemptive Order, the Fund will not invest in
options contracts, futures contracts, or swap agreements.
    The Fund's investments will be consistent with the Fund's
investment objective and will not be used to enhance leverage. That is,
while the Fund will be permitted to borrow as permitted under the 1940
Act, the Fund's investments will not be used to seek performance that
is the multiple or inverse multiple of the Fund's primary broad-based
securities benchmark index (as defined in the Registration Statement,
i.e., the Barclays Capital Universal Government Inflation-Linked Bond
Index).
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\16\ as provided by
NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the net asset value (``NAV'') per Share will be calculated daily
and that the NAV and the Disclosed Portfolio will be made available to
all market participants at the same time.
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    \16\ 17 CFR 240.10A-3.
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    Additional information regarding the Trust, Fund, Shares, Fund's
investment strategies, risks, creation and redemption procedures, fees,
portfolio holdings and disclosure policies, distributions and taxes,
availability of information, trading rules and halts, and surveillance
procedures, among other things, can be found in the Notice and/or the
Registration Statement, as applicable.\17\
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    \17\ See Notice and Registration Statement, supra notes 3 and 4,
respectively.
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is

consistent with the requirements of Section 6 of the Act \18\ and the
rules and regulations thereunder applicable to a national securities
exchange.\19\ In particular, the Commission finds that the proposed
rule change is consistent with the requirements of Section 6(b)(5) of
the Act,\20\ which requires, among other things, that the Exchange's
rules be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The
Commission notes that the Fund and the Shares must comply with the
requirements of NYSE Arca Equities Rule 8.600 to be listed and traded
on the Exchange.
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    \18\ 15 U.S.C. 78f.
    \19\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\21\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line. In addition, the Portfolio
Indicative Value, as defined in NYSE Arca Equities Rule 8.600(c)(3),
will be widely disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session.\22\ On each
business day, before commencement of trading in Shares in the Core
Trading Session on the Exchange, the Fund will disclose on the Trust's
Web site the Disclosed Portfolio, as defined in NYSE Arca Equities Rule
8.600(c)(2), that will form the basis for the Fund's calculation of NAV
at the end of the business day.\23\ The NAV of the Fund will normally
be determined as of the close of the regular trading session on the New
York Stock Exchange (``NYSE''), ordinarily 4 p.m. Eastern Time on each
business day. Information regarding market price and trading volume of
the Shares will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services. Information regarding the previous day's closing price and
trading volume information for the Shares will be published daily in
the financial section of newspapers. In addition, price information for
the debt securities held by the Fund will be available through major
market data vendors. The Trust's Web site will include a form of the
prospectus for the Fund and additional data relating to NAV and other
applicable quantitative information.
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    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \22\ According to the Exchange, several major market data
vendors display and/or make widely available Portfolio Indicative
Values published on CTA or other data feeds.
    \23\ On a daily basis, the Adviser will disclose for each
portfolio security or other financial instrument of the Fund the
following information: ticker symbol (if applicable), name of
security or financial instrument, number of shares or dollar value
of financial instruments held in the portfolio, and percentage
weighting of the security or financial instrument in the portfolio.
The Web site information will be publicly available at no charge.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\24\
In addition, trading in the Shares will be subject to NYSE Arca
Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which Shares of the Fund may be halted. The Exchange may halt trading
in the Shares if trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of the Fund,
or if other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\25\ Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material
non-public information regarding the actual components of the
portfolio.\26\ The Exchange states that it has a general policy
prohibiting the distribution of material, non-public information by its
employees. The Exchange also states that the Adviser is affiliated with
a broker-dealer, and the Adviser has implemented a fire wall with
respect to its broker-dealer affiliate regarding access to information
concerning the composition and/or changes to the portfolio.\27\
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    \24\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \25\ See NYSE Arca Equities Rule 8.600(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider other relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of the Fund. Trading in Shares of the Fund will be halted
if the circuit breaker parameters in NYSE Arca Equities Rule 7.12
have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
    \26\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \27\ See supra note 5. The Commission notes that an investment
adviser to an open-end fund is required to be registered under the
Investment Advisers Act of 1940 (``Advisers Act''). As a result, the
Adviser and its related personnel are subject to the provisions of
Rule 204A-1 under the Advisers Act relating to codes of ethics. This
Rule requires investment advisers to adopt a code of ethics that
reflects the fiduciary nature of the relationship to clients as well
as compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
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    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures applicable to derivative
products, which include Managed Fund Shares, are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders in an Information Bulletin of the
special characteristics and risks associated with

trading the Shares. Specifically, the Information Bulletin will discuss
the following: (a) The procedures for purchases and redemptions of
Shares in Creation Unit aggregations (and that Shares are not
individually redeemable); (b) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated Portfolio Indicative Value will
not be calculated or publicly disseminated; (d) how information
regarding the Portfolio Indicative Value is disseminated; (e) the
requirement that Equity Trading Permit Holders deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (f) trading information.
    (5) For initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\28\ as provided by
NYSE Arca Equities Rule 5.3.
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    \28\ 17 CFR 240.10A-3.
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    (6) The Fund will invest only in U.S.-registered equity securities
and non-U.S.-registered equity securities that trade in markets that
are members of the ISG or are parties to a comprehensive surveillance
sharing agreement with the Exchange; the Fund's investments will be
consistent with its investment objective and will not be used to
enhance leverage; and consistent with the Exemptive Order, the Fund
will not invest in options contracts, futures contracts, or swap
agreements.
    (7) The Fund may hold in the aggregate up to 15% of its net assets
in: (a) Illiquid securities, which include delayed funding loans,
revolving credit facilities, fixed- and floating-rate loans, and loan
participations and assignments; and (b) Rule 144A securities.
    (8) A minimum of 100,000 Shares of the Fund will be outstanding at
the commencement of trading on the Exchange.
    This approval order is based on all of the Exchange's
representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \29\ and the
rules and regulations thereunder applicable to a national securities
exchange.
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    \29\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\30\ that the proposed rule change (SR-NYSEArca-2012-09) be, and it
hereby is, approved.
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    \30\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-7913 Filed 4-2-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Notices]
[Page 57497]
[DOCID:fr29se06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-85-005]

PJM Interconnection, L.L.C. and Duquesne Light Company; Notice of
Filing

September 22, 2006.
    Take notice that on May 4, 2006, Duquesne Light Company and AES
Beaver Valley LLC (Settling Parties) submitted a Partial Settlement
together with two amendments to agreements. The Settling Parties state
that the Partial Settlement, if approved by the Commission without
material condition or modification, will resolve the matter in this
proceeding concerning banking provisions of the Transmission Agreement
dated August 28, 1985 between Duquesne and AES.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 12, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-15999 Filed 9-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62897-62902]
[DOCID:fr22oc08-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0521; FRL-8731-9]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Virginia Major New Source Review, Prevention of Significant
Deterioration (PSD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting limited approval of a State Implementation
Plan (SIP) revision submitted by the Commonwealth of Virginia. This
revision action establishes the limited approval of a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia on October 10, 2006. The intended effect of this action is to
grant limited approval of the September 1, 2006 regulatory amendments
to Virginia's existing new source review permit program for owners of
sources located or locating in prevention of significant deterioration
(PSD) areas. This action is being taken under the Clean Air Act (CAA or
the Act).

DATES: Effective Date: This final rule is effective on November 21,
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0521. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during

normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Virginia Department of Environmental Quality, 629 East
Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 27, 2008 (73 FR 36481), EPA published a notice of proposed
rulemaking (NPR) proposing limited approval of amendments to Virginia's
existing new source review permit program for owners of sources located
or locating in prevention of significant deterioration (PSD) areas. The
formal SIP revision request was submitted by Virginia on October 10,
2006.
    The request consisted of changes to Legislative Rules 9 VAC 5
Chapter 50, Article 4--Stationary Sources and 9 VAC 5 Chapter 80,
Article 8--Permits for Construction and Major Modification of Major
Stationary Sources of Air Pollution for the Prevention of Significant
Deterioration. These rules were adopted by the Commonwealth of Virginia
State Air Pollution Control Board on June 21, 2006 and became effective
September 1, 2006. The Commonwealth adopted the regulations in order to
meet the relevant plan requirements of 40 CFR 51.166. Other specific
requirements of this SIP revision and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
    In this action, EPA is granting limited approval of the changes
found in Chapter 50, Article 4 and Chapter 80, Article 8. Virginia also
submitted changes to 9 VAC Chapter 80 Article 6--Permits for New and
Modified Stationary Sources as part of the SIP revision. However, as
stated in the NPR, EPA is not taking any action on Article 6 at this
time.

II. Summary of SIP Revision

What is being addressed in this document?

    Virginia currently has an EPA-approved NSR program for new and
modified sources. In this action, EPA is granting limited approval of
the Virginia pre-construction permitting program as submitted on
October 10, 2006 for sources located or locating in PSD areas.

Why is Virginia changing its New Source Review program?

    In EPA's December 2002 regulatory new source review reform action,
EPA changed many aspects of the regulations governing the PSD and
nonattainment NSR programs collectively referred to as ``NSR''.
Virginia accepted the conceptual framework of EPA's NSR reform
revisions but tailored the program to their State-specific objectives.
Virginia's regulations differ in some respects from EPA's regulations.
However, these differences are not significant. EPA has concluded that
Virginia's regulations conform to the minimum program elements in 40
CFR 51.166 despite some variations in their rules from the federal
program. All notable variations were described in the proposal action
and will not be restated here.

III. Limited Approval

Why is EPA granting only ``limited approval'' of Virginia's NSR Reform
regulations for PSD areas?

    Virginia Regulation 9 VAC 5-80-1615 added a new definition to
reflect changes to the NSR program in the 2002 Federal NSR Reform rule.
Virginia's definition for ``baseline actual emissions'' varies from the
Federal definition at 40 CFR 51.166(b)(47) in two ways. First, for both
electric generating units (EGUs) and non-EGUs, Virginia's rule allows
the use of different baselines for different pollutants if the owner
can demonstrate to the satisfaction of the State Air Pollution Control
Board (Board) that a different baseline period for a different
pollutant(s) is more appropriate due to extenuating circumstances. This
is acceptable to EPA.
    However, for non-EGUs, the 24-month baseline period must occur
within the five-year period preceding the date the owner begins actual
construction or the permit application is deemed complete, whichever is
earlier, unless the Board allows a different time period that it deems
is more representative of normal source operations. Allowing a more
representative time period is acceptable, however, the Commonwealth's
regulations could be interpreted to allow this period to be established
beyond the 10-year period allowed in the federal NSR Reform rule. As
described in our June 27 proposed rule, Virginia regulations meet the
general federal criteria for expanding the lookback period beyond the
old requirement of the most recent 24-month period, and in this respect
are consistent with federal requirements.
    EPA is granting limited approval because the language of the
regulation does not limit the lookback period to the federally mandated
10 years. Virginia has represented to EPA that the regulation was not
intended to allow sources to extend the lookback period beyond 10
years. EPA would look unfavorably upon any use of discretion by
Virginia that would allow for baselines that exceed a 10-year lookback
period. EPA expects Virginia to correct the definition at 9 VAC 5-80-
1615 by limiting the discretionary lookback period to 10 years. When
Virginia makes this amendment, they may submit the revised regulations
for consideration for full approval of the PSD program.
    Despite the fact that the Virginia PSD regulations may literally be
construed to allow for a source to look beyond the 10 years prescribed
by the Federal regulations, the Virginia regulations nevertheless will
strengthen the Virginia SIP.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the

Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
PSD program consistent with the Federal requirements. In any event,
because EPA has also determined that a state audit privilege and
immunity law can affect only state enforcement and cannot have any
impact on Federal enforcement authorities, EPA may at any time invoke
its authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

V. Final Action

    EPA is granting limited approval of the Virginia Major New Source
Review regulations for facilities located or locating in PSD areas as a
revision to the Virginia SIP. EPA has determined that the regulatory
amendments to Virginia's PSD permit program at Chapter 50, Article 4
and Chapter 80, Article 8, as submitted on October 10, 2006 meet the
minimum requirements of 40 CFR 51.166 and the Clean Air Act.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action granting limited approval of the Virginia
NSR program for sources locating or located in PSD areas may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: October 9, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec. 52.2420, the table in paragraph (c) is amended by
0
a. Revising the entries for 5-50-250 and 5-50-280.
0
b. Removing the entries for 5-80-1700 through 5-80-1970 inclusive.
0
c. Adding entries for 5-80-1605 through 5-80-1995 inclusive.
    The additions and revisions read as follows:

Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Virginia SIP
----------------------------------------------------------------------------------------------------------------
  State citation  (9 VAC 5                               State                              Explanation  [former
        Chapter 80)              Title/subject      effective date    EPA approval date        SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Chapter 50 Article 4 Standards of Performance for Stationary Sources (Rule 5-4)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-50-250...................  Definitions..........          9/1/06  10/22/08 [Insert page  Revised definition of
                                                                     number where the       New Source Review
                                                                     document begins].      Program. Limited
                                                                                Approval.

                                                  * * * * * * *
5-50-280...................  Standards for Major            9/1/06  10/22/08 [Insert page   Changes ``Pollutant
                              Stationary Sources                     number where the       subject to
                              (Prevention of                         document begins].      regulation under the
                              Significant                                                   federal Clean Air
                              Deterioration Areas).                                         Act'' to ``Regulated
                                                                                NSR pollutant''.
                                                                                Limited Approval.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Chapter 80 Article 8, Permits for Major Stationary Sources and Major Modifications Locating in Prevention of
                                         Significant Deterioration Areas
----------------------------------------------------------------------------------------------------------------
5-80-1605..................  Applicability........          9/1/06  10/22/08 [Insert page  5-80-1700. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1615..................  Definitions..........          9/1/06  10/22/08 [Insert page  5-80-1710. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1625..................   General.............          9/1/06  10/22/08 [Insert page  5-80-1720. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1635..................  Ambient Air                    9/1/06  10/22/08 [Insert page  5-80-1730. Limited
                              Increments.                            number where the       Approval.
                                                                     document begins].
5-80-1645..................  Ambient Air Ceilings.          9/1/06  10/22/08 [Insert page  5-80-1740. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1655..................  Applications.........          9/1/06  10/22/08 [Insert page  5-80-1750. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1665..................  Compliance with local          9/1/06  10/22/08 [Insert page  5-80-1760. Limited
                              zoning requirements.                   number where the       Approval.
                                                                     document begins].
5-80-1675..................  Compliance                     9/1/06  10/22/08 [Insert page  5-80-1770. Limited
                              determination and                      number where the       Approval.
                              verification by                        document begins].
                              performance testing.
5-80-1685..................  Stack Heights........          9/1/06  10/22/08 [Insert page  5-80-1780. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1695..................  Exemptions...........          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].

5-80-1705..................  Control technology             9/1/06  10/22/08 [Insert page  5-80-1800. Limited
                              review.                                number where the       Approval.
                                                                     document begins].
5-80-1715..................  Source impact                  9/1/06  10/22/08 [Insert page  5-80-1810. Limited
                              analysis.                              number where the       Approval.
                                                                     document begins].
5-80-1725..................  Air quality models...          9/1/06  10/22/08 [Insert page  5-80-1820. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1735..................  Air quality analysis.          9/1/06  10/22/08 [Insert page  5-80-1830. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1745..................  Source Information...          9/1/06  10/22/08 [Insert page  5-80-1840. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1755..................  Additional impact              9/1/06  10/22/08 [Insert page  5-80-1850. Limited
                              analysis.                              number where the       Approval.
                                                                     document begins].
5-80-1765..................  Sources affecting              9/1/06  10/22/08 [Insert page  5-80-1860. Limited
                              federal class I                        number where the       Approval.
                              areas--additional                      document begins].
                              requirements.
5-80-1775..................  Public participation.          9/1/06  10/22/08 [Insert page  5-80-1870. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1785..................  Source obligation....          9/1/06  10/22/08 [Insert page  5-80-1880. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1795..................  Environmental impact           9/1/06  10/22/08 [Insert page  5-80-1890. Limited
                              statements.                            number where the       Approval.
                                                                     document begins].
5-80-1805..................  Disputed permits.....          9/1/06  10/22/08 [Insert page  5-80-1900. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1815..................  Interstate pollution           9/1/06  10/22/08 [Insert page  5-80-1910. Limited
                              abatement.                             number where the       Approval.
                                                                     document begins].
5-80-1825..................  Innovative control             9/1/06  10/22/08 [Insert page  5-80-1920 Limited
                              technology.                            number where the       Approval.
                                                                     document begins].
5-80-1835..................  Reserved.............          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1845..................  Reserved.............          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1855..................  Reserved.............          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1865..................  Actuals plantwide              9/1/06  10/22/08 [Insert page  New. Limited
                              applicability (PAL).                   number where the       Approval.
                                                                     document begins].
5-80-1925..................  Changes to permits...          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1935..................  Administrative permit          9/1/06  10/22/08 [Insert page  New. Limited
                              amendments.                            number where the       Approval.
                                                                     document begins].
5-80-1945..................  Minor permit                   9/1/06  10/22/08 [Insert page  New. Limited
                              amendments.                            number where the       Approval.
                                                                     document begins].
5-80-1955..................  Significant amendment          9/1/06  10/22/08 [Insert page  New. Limited
                              procedures.                            number where the       Approval.
                                                                     document begins].
5-80-1965..................  Reopening for cause..          9/1/06  10/22/08 [Insert page  New. Limited
                                                                     number where the       Approval.
                                                                     document begins].
5-80-1975..................  Transfer of permits..          9/1/06  10/22/08 [Insert page  5-80-1940. Limited
                                                                     number where the       Approval.
                                                                     document begins].

5-80-1985..................  Permit invalidation,           9/1/06  10/22/08 [Insert page  5-80-1950. Limited
                              revocation, and                        number where the       Approval.
                              enforcement.                           document begins].
5-80-1995..................  Existence of permit            9/1/06  10/22/08 [Insert page  New. Limited
                              no defense.                            number where the       Approval.
                                                                     document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-25014 Filed 10-21-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Notices]
[Page 28486-28487]
[DOCID:fr21my07-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-74-000; CP07-75-000]

Sonora Pipeline, LLC; Notice of Availability of the Environmental
Assessment for the Proposed Burgos Hub Export/Import Project

May 15, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas pipeline facilities proposed by Sonora Pipeline, LLC
(Sonora) in the above-referenced dockets.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. 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.
    The EA assesses the potential environmental effects of the
construction and operation of Sonora's proposed Burgos Hub Export/
Import Project (Project). The Project would involve construction of
approximately 29 miles of 30-inch-diameter natural gas pipeline and
appurtenant facilities in Hidalgo County, Texas. Two bidirectional
border crossing facilities also proposed for construction (for which a
Presidential Permit has been requested under Docket No. CP07-75-000)
would consist of approximately 85 feet of 30-inch-diameter natural gas
pipeline and appurtenant facilities. The purpose of the facilities is
to provide up to 1,000,000 dekatherms per day (Dth/d) of new bi-
directional transportation service to the Burgos Hub area of Mexico and
then to the United States once new sources of natural gas become
available from Mexico.
    The EA has been placed in the public files of the FERC. 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, (202) 502-
8371.

    Copies of the EA have been mailed to Federal, State, and local
agencies, public interest groups, interested individuals, newspapers,
and parties to this proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site at http://www.ferc.gov under the ``e-Filing'' link and the

link to the User's Guide. Before you can file comments you will need to
create a free account which can be created by clicking on ``Sign-up.''
    If you are filing written comments, please carefully follow these
instructions to ensure that your comments are received in time and
properly recorded:
     Send an original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Reference Docket Nos. CP07-74-000, et al.;
     Label one copy of the comments for the attention of the
Gas Branch 1, PJ-11.1; and
     Mail your comments so that they will be received in
Washington, DC on or before June 14, 2007.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. 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.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://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. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, 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 now 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 http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-9678 Filed 5-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59013-59014]
[FR Doc No: 2013-23345]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-2865-003
    Applicants: TransCanada Energy Sales Ltd.
    Description: TransCanada Energy Sales Market Based Rate Tariff to
be effective 9/18/2013.
    Filed Date: 9/18/13
    Accession Number: 20130918-5042
    Comments Due: 5 p.m. ET 10/9/13

    Docket Numbers: ER10-2870-003
    Applicants: TransCanada Power Marketing Ltd.
    Description: TransCanada Power Marketing Market Based Rate Tariff
to be effective 9/18/2013.
    Filed Date: 9/18/13
    Accession Number: 20130918-5045
    Comments Due: 5 p.m. ET 10/9/13

    Docket Numbers: ER13-127-002
    Applicants: Idaho Power Company
    Description: Idaho Power Company submits Resubmitted OATT Order No.
1000 Second Regional Compliance Filing to be effective 10/1/2015.
    Filed Date: 9/18/13
    Accession Number: 20130918-5054
    Comments Due: 5 p.m. ET 10/16/13

    Docket Numbers: ER13-2395-000
    Applicants: AEP Texas Central Company
    Description: TCC-LCRA Transmission Services IA Amend 6 to
be effective 8/28/2013.

    Filed Date: 9/17/13
    Accession Number: 20130917-5082
    Comments Due: 5 p.m. ET 10/8/13

    Docket Numbers: ER13-2396-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position W1-116-- First Revised Service
Agreement No. 2946 to be effective 5/25/2011.
    Filed Date: 9/17/13
    Accession Number: 20130917-5088
    Comments Due: 5 p.m. ET 10/8/13

    Docket Numbers: ER13-2397-000
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee
    Description: Reliability Commitment Mit. Rev. to Appendix A of MR1
to be effective 9/18/2013.
    Filed Date: 9/17/13
    Accession Number: 20130917-5103
    Comments Due: 5 p.m. ET 10/8/13

    Docket Numbers: ER13-2398-000
    Applicants: Pacific Gas and Electric Company
    Description: Western TFA for Department of Corrections and
Rehabilitation (CDCR) to be effective 9/19/2013.
    Filed Date: 9/18/13
    Accession Number: 20130918-5008
    Comments Due: 5 p.m. ET 10/9/13

    Docket Numbers: ER13-2399-000
    Applicants: MidAmerican Energy Company
    Description: Transmission Interconnection Agreement--East River to
be effective 9/1/2013.
    Filed Date: 9/18/13
    Accession Number: 20130918-5072
    Comments Due: 5 p.m. ET 10/9/13

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

    Docket Numbers: ES13-55-000
    Applicants: Old Dominion Electric Cooperative, Inc.
    Description: Application for Authorization to Issue Short- and
Long-Term Debt, to Guaranty Obligations, and for Waivers of Old
Dominion Electric Cooperative.
    Filed Date: 9/17/13
    Accession Number: 20130917-5114
    Comments Due: 5 p.m. ET 10/8/13

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

    Dated: September 18, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-23345 Filed 9-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1451-1453]
[FR Doc No: 2015-00127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73981; File No. SR-CME-2014-58]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend a Fee Waiver Program for Certain OTC FX Cleared-Only Products

January 5, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 22, 2014, Chicago Mercantile Exchange
Inc. (``CME'') 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 primarily by CME. CME
filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) \4\ thereunder, so that the proposal was effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CME is proposing to extend an existing fee waiver program
supporting certain CME cleared-only over-the-counter (``OTC'') foreign
exchange (``FX'') products through December 31, 2015.
    The text of the proposed rule change is below. Italicized text
indicates additions; bracketed text indicates deletions.
* * * * *

CME OTC FX Fee Waiver Program
Program Purpose
    The purpose of this Program is to incentivize market participants
to submit transaction in the OTC FX products listed below to the
Clearing House for clearing. The resulting increase in volume benefits
all participant segments in the market.
Product Scope
    The following cleared only OTC FX products (``Products''):
    1. CME Cleared OTC FX--Emerging Markets.
    a. USDBRL, USDCLP, USDCNY, USDCOP, USDIDR, USDINR, USDKRW, USDMYR,
USDPEN, USDPHP, USDRUB, USDTWD Non-Deliverable Forwards.
    b. USDCZK, USDHUF, USDHKD, USDILS, USDMXN, USDPLN, USDSGD, USDTHB,
USDTRY, USDZAR Cash-Settled Forwards.
    2. CME Cleared OTC FX--Majors.
    a. AUDJPY, AUDUSD, CADJPY, EURAUD, EURCHF, EURGBP, EURJPY, EURUSD,
GBPUSD, NZDUSD, USDCAD, USDCHF, USDDKK, USDJPY, USDNOK, USDSEK Cash-
Settled Forwards.
Eligible Participants
    The temporary reduction in fees will be open to all market
participants and will automatically be applied to any transaction in
the Products submitted to the Clearing House for clearing.
Program Term
    Start date is February 1, 2012. End date is December 31, 201[4]5.
Hours
    The Program will be applicable regardless of the transaction time.
Program Incentives
    Fee Waivers. All market participants that submit transactions in
the Products to the Clearing House will have their clearing fees
waived.
* * * * *

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

    In its filing with the Commission, CME included statements
concerning the purpose 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. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

    CME is registered as a derivatives clearing organization with the
Commodity Futures Trading Commission (``CFTC'') and currently offers
clearing services for many different futures and swaps products. With
this filing, CME proposes to make proposed changes to CME rules
governing certain cleared-only OTC FX products.
    The proposed changes would extend an existing fee waiver program
that applies to these OTC FX products. The only proposed changes are
modifying the current December 31, 2014 termination date for the
current fee waiver program to December 31, 2015.
    There is no limit to the number of participants that may
participate in the proposed fee waiver program; it will be open to all
market participants and will be automatically applied to all
transaction fees in the enumerated OTC FX products. The changes that
are described in this filing are limited to fee changes for OTC FX
products. The proposed changes would become effective on filing.
    The proposed fee changes are limited to CME's business as a
derivatives clearing organization clearing products under the exclusive
jurisdiction of the CFTC and do not materially impact CME's security-
based swap clearing business in any way. CME notes that it recently
filed a proposed rule change that clarified that CME has decided not to
clear security-based swaps, except in a very limited set of
circumstances.\5\ CME has also certified the proposed rule change that
is the subject of this filing to the CFTC in CFTC Submission 14-523.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 34-73615 (Nov. 17,
2014), 79 FR 69545 (Nov. 21, 2014) (SR-CME-2014-49). The only
exception is with regards to Restructuring European Single Name CDS
Contracts created following the occurrence of a Restructuring Credit
Event in respect of an iTraxx Component Transaction. The clearing of
Restructuring European Single Name CDS Contracts will be a necessary
byproduct after such time that CME begins clearing iTraxx Europe
index CDS.
---------------------------------------------------------------------------

    CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\6\ More specifically, the proposed rule change establishes or
changes a member due, fee or other charge imposed by CME under Section
19(b)(3)(A)(ii) \7\ of the Securities Exchange Act of 1934 and Rule
19(f)(2) \8\ thereunder. CME believes that the proposed fee change is
consistent with the requirements of the Securities Exchange Act of 1934
and the rules and regulations thereunder and, in particular, to Section
17A(b)(3)(D),\9\ because the proposed fee changes apply equally to all
market participants and therefore the proposed changes provide for the
equitable allocation of reasonable dues, fees and other charges among
participants. CME also notes that it operates in a highly competitive
market in which market participants can readily direct business to
competing venues. As such, the proposed changes are appropriately filed
pursuant to Section 19(b)(3)(A) \10\ of the Act and paragraph (f)(2) of
Rule 19b-4 thereunder.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
    \9\ 15 U.S.C. 78q-1(b)(3)(D).
    \10\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

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

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. The proposed rule change
extends a currently operating OTC FX fee waiver program for an
additional year. These products are swaps under the exclusive
jurisdiction of the CFTC, and, as such, these proposed changes do not
affect the security-based swap clearing activities of CME in any way
and therefore do not impose any burden on competition that is
inappropriate 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

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) of the Act \11\ and Rule 19(f)(2)
thereunder.\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2014-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CME-2014-58. 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 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    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 Number SR-CME-2014-58 and
should be submitted on or before January 30, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-00127 Filed 1-8-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Proposed Rules]
[Page 58575-58576]
[DOCID:fr13no09-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-8979-3]

National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List: Partial Deletion of the California Gulch
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a proposed rule, a Notice of Intent to Delete Operable Unit 8 (OU8) of
the California Gulch Superfund Site (Site) located in Lake County,
Colorado, from the National Priorities List (NPL) and requests public
comments on this proposed action. The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The EPA and the State of Colorado, through the Colorado Department of
Public Health and Environment, have determined that all appropriate
response actions at these identified parcels under CERCLA, other than
operation, maintenance, and five-year reviews, have been completed.
However, this deletion does not preclude future actions under
Superfund.
    This partial deletion pertains to all of OU8 including the
impounded tailing, non-residential area soils, waste rock, fluvial
tailing and stream sediment. The Yak Tunnel (OU1), D&RGW Slag piles and
Easement (OU3), Upper California Gulch (OU4), Asarco Smelter/Colorado
Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailings
(OU7), Residential Soils excluding Subunits A and B, waste rock piles,
and parks and playgrounds (OU9), Arkansas River Floodplain (OU11), and
Site-wide Surface and Groundwater Quality (OU12) will remain on the NPL
and are not being considered for deletion as part of this action.

DATES: Comments must be received by December 14, 2009.

ADDRESSES:
    Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-
1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     E-mail: Linda Kiefer<EMAIL_ADDRESS>

     Fax:<PHONE_NUMBER>.
     Mail: Linda Kiefer, Remedial Project Manager,
Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595
Wynkoop Street, Denver, CO 80202-1129.
     Hand delivery: Environmental Protection Agency, Region 8,
Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. 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.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at: U.S. EPA Region 8,
Superfund Records Center, 1595 Wynkoop Street, Denver, CO 80202. (303)
312-6473 or toll free<PHONE_NUMBER>; Viewing hours: 8 a.m. to 4:30
p.m., Monday through Friday, excluding holidays. Lake County Public
Library, 1115 Harrison Avenue, Leadville, CO 80461,<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129,<PHONE_NUMBER> e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    In the ``Rules and Regulations'' Section of today's Federal
Register, we are publishing a direct final Notice of Partial Deletion
for Operable Unit 8 (OU8) of the California Gulch Superfund Site
without prior Notice of Intent for Partial Deletion because EPA views
this as a noncontroversial revision and anticipates no adverse comment.
We have explained our reasons for this partial deletion in the preamble
to the direct final Notice of Partial Deletion, and those reasons are
incorporated herein. If we receive no adverse comment(s) on this
partial deletion action, we will not take further action on this Notice
of Intent for Partial Deletion. If we receive adverse comment(s), we
will withdraw the direct final Notice of Partial Deletion and it will
not take effect. We will, as appropriate, address all public comments
in a subsequent final Notice of Partial Deletion based on this Notice
of Intent for Partial Deletion. We will not institute a second comment
period on this Notice of Intent for Partial Deletion. Any parties
interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial
Deletion which is located in the Rules section of this Federal
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: October 22, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-26956 Filed 11-12-09; 8:45 am]

BILLING CODE 6560-50-P