[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6678-6680]
[DOCID:fr10fe09-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59347; File No. SR-ISE-2009-05]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Eliminate $3 Underlying Price Requirement for Continued
Listing and Listing of Additional Series

February 3, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 2, 2009, the International Securities Exchange, LLC
(``ISE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by ISE. ISE has
designated the proposed rule change as constituting a non-controversial
rule change under Rule 19b-4(f)(6) under the Act,\3\ which renders the
proposal effective upon filing with the Commission. 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\ 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 ISE proposes to amend Rule 503(b) to eliminate the $3 market
price per share requirement from the Exchange's requirements for
continued approval for an underlying security. The Exchange also
proposes to amend Rule 503(c) by eliminating the prohibition against
listing additional series of options on an underlying security at any
time when the price per share of such underlying security is less than
$3. The text of the proposed rule change is as follows, with deletions
in [brackets] and additions in italics:
    Rule 503. Withdrawal of Approval of Underlying Securities:
    (a) No Change.
    (b) Absent exceptional circumstances, an underlying security will
not be deemed to meet the Exchange's requirements for continued
approval whenever any of the following occur:
    (1) There are fewer than 6,300,000 shares of the underlying
security held by persons other than those who are required to report
their security holdings under Section 16(a) of the Exchange Act.
    (2) There are fewer than 1,600 holders of the underlying security.
    (3) The trading volume (in all markets in which the underlying
security is traded) has been less than 1,800,000 shares in the
preceding twelve (12) months.
    (4) [The market price per share of the underlying security closed
below $3 on the previous trading day as measured by the closing price
reported by the primary market in which the underlying security is
traded.] Reserved.
    (5) The underlying security ceases to be an ``NMS stock'' as
defined in Rule 600 of Regulation NMS under the Exchange Act.
    (6) If an underlying security is approved for options listing and
trading under the provisions of Rule 502(c), the trading volume [and
price history] of the Original Security (as therein defined) prior to
but not after the commencement of trading in the Restructure Security
(as therein defined), including ``when-issued'' trading, may be taken
into account in determining whether the trading volume [and market
price] requirement[s] of (3) [and (4)] of this paragraph (b) [are] is
satisfied.
    (c) [In connection with paragraph (b)(4) of this Rule, the Exchange
shall not open for trading any additional series of options contracts
of the class covering an underlying security at any time (including on
a next-day, expiration or intra-day basis) when the market price per
share of such underlying security closed less than $3 on the last
trading day preceding the day on which such series are added, as
measured by the closing price reported by the primary market in which
the underlying security trades. In addition to closing at or above $3
on the last trading day preceding the day series are added, the
Exchange shall not open for trading any additional series of options
contracts on an intra-day basis unless the last reported trade in the
primary market in which the underlying security trades is at least $3
at the time the Exchange determines to add the series. Notwithstanding
the above, the Exchange may add a series if the additional series is
traded on at least one other registered national securities exchange
and, at the time the additional series was listed by such other
registered national securities exchange, it met the $3 market price
requirement.] Reserved.
    (d)-(k) No Change.
* * * * *

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

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

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

1. Purpose
    The purpose of this proposed rule change is to eliminate the $3
market price per share requirement from the Exchange's requirements for
continued

approval for an underlying security from Rule 503(b)(4). This proposed
rule change also amends Rule 503(c) by eliminating the prohibition
against listing additional series or options on an underlying security
at any time when the price per share of such underlying security is
less than $3. The Exchange also proposes to make technical changes
throughout Rule 503 to eliminate references to paragraph (4) of Rule
503.
    ISE's rules require that the market price for a security be at
least $3 on the previous trading day for the continued listing of
options on that underlying security. If the price of an underlying
security falls below $3, the Exchange can continue to trade then-listed
series on that underlying security, but is unable to list new series of
options. The Exchange believes that the $3 market price per share
requirement is no longer necessary or appropriate, and that only those
underlying securities meeting the remaining continued listing criteria
set forth in Rule 503 will be eligible for continued listing and the
listing of additional options series. The Exchange believes that the
current $3 market price per share requirement could have a negative
effect on investors. For example, in the current volatile market
environment in which the market price for a large number of securities
has fallen below $3, the Exchange is currently unable to list new
series on underlying securities trading below $3. If there is market
demand for series below $3, the Exchange would be unable to accommodate
such requests and investors would be unable to hedge their positions
with options series with strikes below $3.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) that an exchange have rules that are
designed to promote just and equitable principles of trade, and 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. In particular, the proposed rule
change will permit the Exchange to make options on underlying
securities available even if the price of the underlying security is
less than $3 thus providing investors additional opportunities to hedge
their positions.

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

    The proposed rule change does not 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 has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6) thereunder.\5\
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    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give 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.
ISE has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \6\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \7\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. ISE requests that the
Commission waive the 30-day operative delay. The Commission notes that
this proposed rule change is substantially identical to a proposed rule
change that was approved by the Commission after an opportunity for
public comment,\8\ and does not raise any new substantive issues. The
Exchange believes that waiving the 30-day operative delay will allow
the Exchange to respond promptly to demand by market participants to
list the options series that CBOE is expected to list upon receiving
Commission approval of CBOE's proposed rule change. For these reasons,
the Commission believes that waiving the 30-day operative delay \9\ is
consistent with the protection of investors and the public interest and
designates the proposal operative upon filing.
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    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ ISE's proposed rule change is substantially identical to a
proposed rule change by the Chicago Board Options Exchange
(``CBOE'') recently approved by the Commission. See Securities
Exchange Act Release No. 59336 (February 2, 2009) (SR-CBOE-2008-
127).
    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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-ISE-2009-05 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-ISE-2009-05. 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 inspection and
copying 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying

information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-ISE-2009-05 and should be submitted on or before March
3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2655 Filed 2-9-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Page 63489]
[FR Doc No: 2022-22686]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP23-20-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--Castleton
SP367813, 370416, 370607 & Vitol SP370495, 372523 to be effective 11/1/
2022.
    Filed Date: 10/12/22.
    Accession Number: 20221012-5026.
    Comment Date: 5 p.m. ET 10/24/22.

    Docket Numbers: RP23-21-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing-North Shore Gas Company to be effective 11/1/2022.
    Filed Date: 10/12/22.
    Accession Number: 20221012-5084.
    Comment Date: 5 p.m. ET 10/24/22.

    Docket Numbers: RP23-22-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate & Non-Conforming
Agreement--Range 232970 to be effective 11/1/2022.
    Filed Date: 10/12/22.
    Accession Number: 20221012-5158.
    Comment Date: 5 p.m. ET 10/24/22.

    Docket Numbers: RP23-23-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--Citadel, ConEd,
Direct Energy & Twin Eagle to be effective 11/1/2022.
    Filed Date: 10/13/22.
    Accession Number: 20221013-5062.
    Comment Date: 5 p.m. ET 10/25/22.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: October 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22686 Filed 10-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Rules and Regulations]
[Page 4202-4204]
[DOCID:fr30ja07-6]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 242

[Release No. 34-55160; File No. S7-10-04]

Regulation NMS

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; extension of compliance dates.

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SUMMARY: The Commission is extending for a limited period of time three
of the future compliance dates for Rule 610 and Rule 611 of Regulation
NMS (``Rule 610'' and ``Rule 611,'' respectively) under the Securities
Exchange Act of 1934 (``Exchange Act''). Rule 610 requires fair and
non-discriminatory access to quotations, establishes a limit on access
fees, and requires each national securities exchange and national
securities association to adopt, maintain, and enforce written rules
that prohibit their members from engaging in a pattern or practice of
displaying quotations that lock or cross protected quotations. Rule 611
requires trading centers to establish, maintain, and enforce written
policies and procedures reasonably designed to prevent the execution of
trades at prices inferior to protected quotations displayed by other
trading centers, subject to an applicable exception. The Commission is
extending the three compliance dates to give automated trading centers
additional time to complete the rollout

of their new or modified trading systems.

DATES: The effective date for Rule 610 and Rule 611 remains August 29,
2005. Three compliance dates for different functional stages of
compliance with Rule 610 and Rule 611 have been extended as set forth
in section I of this release, beginning with the ``Trading Phase
Date,'' as defined in section I of this release, which has been
extended from February 5, 2007 to March 5, 2007. The effective date for
this release is January 30, 2007.

FOR FURTHER INFORMATION CONTACT: Raymond Lombardo, Special Counsel, at
(202) 551-5615, or David Liu, Special Counsel, at<PHONE_NUMBER>,
Division of Market Regulation, Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-6628.

SUPPLEMENTARY INFORMATION:

I. Discussion

    In June 2005, the Commission published its release adopting
Regulation NMS.\1\ The adopted regulatory requirements include: (1) New
Rule 610, which addresses access to markets and locking or crossing
quotations; (2) new Rule 611, which provides intermarket protection
against trade-throughs (i.e., trades at inferior prices) for certain
displayed quotations that are automated and accessible; and (3) an
amendment to the joint industry plans for disseminating market
information to the public that modifies the formulas for allocating
plan revenues to the self-regulatory organization (``SRO'')
participants in the plans (``Allocation Amendment'').
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    \1\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496 (June 29, 2005) (``NMS Release'').
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    Given the new regulatory framework created by Regulation NMS and
the desire of investors and other market participants for more
automated and efficient trading services, many SROs have announced
major revisions of their trading systems. The SROs and other securities
industry participants have been working to comply with the new NMS
regulatory requirements. In May 2006, the Commission extended the
original compliance dates for Rules 611 and 610 to a series of five
dates for phased-in compliance that incorporated the major functional
steps required to achieve full implementation of Regulation NMS.\2\ The
extended dates were as follows:
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    \2\ Securities Exchange Act Release No. 53829 (May 18, 2006), 71
FR 30038 (May 24, 2006) (``Extension Release'').
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    October 16, 2006 (``Specifications Date''): Final date for
publication on Internet Web sites of applicable SROs (i.e., the
exchange for SRO trading facilities and the NASD for ADF participants)
of final technical specifications for interaction with Regulation NMS-
compliant trading systems of all automated trading centers (both SRO
trading facilities and ADF participants) that intend to qualify their
quotations for trade-through protection under Rule 611 during the
Pilots Stocks Phase and All Stocks Phase (as defined below).
    February 5, 2007 (``Trading Phase Date''): Final date for full
operation of Regulation NMS-compliant trading systems of all automated
trading centers (both SRO trading facilities and ADF participants) that
intend to qualify their quotations for trade-through protection under
Rule 611 during the Pilots Stocks Phase and All Stocks Phase (as
defined below). The period from February 5, 2007 till May 21, 2007 was
the ``Trading Phase.''
    May 21, 2007 (``Pilot Stocks Phase Date''): Start of full industry
compliance with Rule 610 and Rule 611 for 250 NMS stocks (100 NYSE
stocks, 100 Nasdaq stocks, and 50 Amex stocks). The period from May 21,
2007 till July 9, 2007 was the ``Pilot Stocks Phase.''
    July 9, 2007 (``All Stocks Phase Date''): Start of full industry
compliance with Rule 610 and Rule 611 for all remaining NMS stocks. The
period from July 9, 2007 till October 8, 2007 was the ``All Stocks
Phase.''
    October 8, 2007 (``Completion Date''): Completion of phased-in
compliance with Rule 610 and Rule 611.
    In addition, the Commission, by separate order, exempted the SRO
participants in the joint industry market data plans from compliance
with the Allocation Amendment until April 1, 2007.\3\
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    \3\ Securities Exchange Act Release No. 53828 (May 18, 2006)
(order exempting SROs from compliance with the Allocation Amendment
until April 1, 2007).
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    The revised compliance dates were designed to provide additional
time for the SROs to develop and install their new trading systems, as
well as to give all securities industry participants an enhanced
opportunity to complete their compliance preparations in the least
disruptive and most cost-effective manner possible. Recently, the New
York Stock Exchange,\4\ a major U.S. equity market, requested a four-
week extension of the Trading Phase Date. The NYSE stated that, due to
delays in the rollout schedule for its Hybrid Market, the NYSE would
not be in a position to comply with the requirements for ``automated
quotations,'' as defined in Rule 600(b)(3) of Regulation NMS, until the
end of February 2007. The NYSE believed that continuing with the
scheduled implementation of Rule 611, without appropriate testing and
quality assurance for the NYSE trading systems, would jeopardize best
execution for investors and put the securities industry and investors
at risk.
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    \4\ See letter from Mary Yeager, Assistant Secretary, New York
Stock Exchange to Nancy Morris, Secretary, Commission, dated January
8, 2007.
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    The Commission agrees that implementing Regulation NMS without full
participation by a major market such as the NYSE would jeopardize the
smooth functioning of the U.S. equity markets. It therefore has decided
to extend the Trading Phase Date until March 5, 2007. To reflect the
extended Trading Phase Date and avoid coinciding with major trading
days in June 2007, the Commission also has decided to extend the Pilot
Stocks Phase Date until July 9, 2007, and the All Stocks Phase Date
until August 20, 2007. In contrast, the Specifications Date of October
16, 2006 has already passed and is not affected by this release. In
addition, the Completion Date of October 8, 2007 remains unchanged.
    Accordingly, the future compliance dates for Rule 610 and Rule 611,
as revised by this release, are as follows:
    Trading Phase Date: March 5, 2007. The revised Trading Phase now
will extend from March 5, 2007 till July 9, 2007.
    Pilot Stocks Phase Date: July 9, 2007. The revised Pilot Stocks
Phase now will extend from July 9, 2007 till August 20, 2007.
    All Stocks Phase Date: August 20, 2007. The revised All Stocks
Phase now will extend from August 20, 2007 till October 8, 2007.
    Completion Date: October 8, 2007.
    In addition, the April 1, 2007 date for SRO participants in the
joint-industry market data plans to comply with the Allocation
Amendment is not affected by this release and remains April 1, 2007.

II. Conclusion

    For the reasons cited above, the Commission, for good cause, finds
that notice and solicitation of comment regarding the extension of the
compliance dates set forth herein are impractical, unnecessary, or
contrary to the public interest.\5\ All industry

participants will receive substantial additional time to comply with
Rule 610 and Rule 611 beyond the compliance dates originally set forth
in the NMS Release, as modified by the Extension Release. In addition,
the Commission recognizes that industry participants urgently need
notice of the extended compliance dates so that they do not expend
unnecessary time and resources in meeting the previous compliance
dates. Providing immediate effectiveness upon publication of this
release will allow industry participants to adjust their implementation
plans accordingly.\6\
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    \5\ See Section 553(b)(3)(B) of the Administrative Procedure Act
(5 U.S.C. 553(b)(3)(B)) (``APA'') (an agency may dispense with prior
notice and comment when it finds, for good cause, that notice and
comment are ``impractical, unnecessary, or contrary to the public
interest'').
    \6\ The compliance date extensions set forth in this release are
effective upon publication in the Federal Register. Section
553(d)(1) of the APA allows effective dates that are less than 30
days after publication for a ``substantive rule which grants or
recognizes an exemption or relieves a restriction.'' 5 U.S.C.
553(d)(1).

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    By the Commission.

    Dated: January 24, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1384 Filed 1-29-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44860-44861]
[FR Doc No: 2016-16347]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0152; FRL-9948-91-OAR]

Proposed Information Collection Request; Comment Request;
Compliance Assurance Monitoring Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Compliance Assurance
Monitoring Program'' (EPA ICR No. 1663.09, OMB Control No. 2060-0376)
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, the EPA is soliciting public comments on specific
aspects of the proposed information collection as described below. This
is a proposed extension of the ICR, which is currently approved through
March 31, 2017. An agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before September 9, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0152 online using http://www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    The EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Mr. Barrett Parker, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division
(D243-05), Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA) is
planning to submit an information collection request (ICR),
``Compliance Assurance Monitoring Program (40 CFR

part 64)'' (EPA ICR No. 1663.09, OMB Control No. 2060-0376) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, the EPA is soliciting public comments on specific
aspects of the proposed information collection as described below.
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at http://www.regulations.gov or
in person at the EPA Docket Center, EPA WJC West Building, Room 3334,
1301 Constitution Ave. NW., Washington, DC. The telephone number for
the Docket Center is<PHONE_NUMBER>. For additional information about
EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act,
the EPA is soliciting comments and information to enable it to: (i)
Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the Agency, including
whether the information will have practical utility; (ii) evaluate the
accuracy of the Agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (iii) enhance the quality, utility, and clarity
of the information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: The Clean Air Act (CAA) contains several provisions
directing the EPA to require source owners to conduct monitoring to
support certification as to their status of compliance with applicable
requirements. These provisions are set forth in section 504 and section
114 of the CAA. Under CAA section 504(c), each operating permit must
``set forth inspection, entry, monitoring, compliance, certification
and reporting requirements to assure compliance with the permit terms
and conditions.'' See also CAA section 504(a) (each permit shall
require reporting of monitoring and such other conditions as are
necessary to assure compliance). CAA section 504(b) allows us to
prescribe by rule, methods and procedures for determining compliance
recognizing that continuous emissions monitoring systems need not be
required if other procedures or methods provide sufficiently reliable
and timely information for determining compliance. Section 114(a)(1) of
the CAA provides additional authority concerning monitoring, reporting,
and recordkeeping requirements. This section provides the Administrator
with the authority to require any owner operator of a source to install
and to operate monitoring systems and to record the resulting
monitoring data. We promulgated the Compliance Assurance Monitoring
rule, 40 CFR part 64, on October 22, 1997 (62 FR 54900), pursuant to
these provisions. In accordance with CAA section 114(c) and CAA section
503(e), the monitoring information source owners must submit must also
be available to the public except under circumstances set forth in
section 114(c) of the CAA. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number. The OMB control
numbers for the EPA's regulations are listed in 40 CFR part 9.
    We are soliciting comments to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting election
submission of responses.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are all facilities required to have an operating permit
under Title V of the CAA. See section 502(a) of the CAA, which defines
the sources required to obtain a Title V permit. See also 40 CFR 70.2
and 71.2.
    Respondent's obligation to respond: Mandatory under Title V of the
CAA. See section 502(a) of the CAA, which defines the sources required
to obtain a Title V permit. See also 40 CFR 70.2 and 71.2.
    Estimated number of respondents: There are 24,121 pollutant
specific emission units (PSEUs), where the number of respondents is the
number of PSEUs subject to the compliance assurance monitoring rule,
and 116 permitting authorities. Therefore, the estimated number of
respondents is 24,237 (total).
    Frequency of response: At least every 6 months per Title V,
70.6(a)(3)(iii)(A) and (B).
    Total estimated burden: 51,080 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1,998,453 (per year), includes $0 annualized
capital or operation and maintenance costs.
    Changes in Estimates: There is an increase of 607 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to adjustments to the estimates
(e.g., to account for permit issuance increases). There is an increase
of 1,114 respondents in the average annual number of respondents. This
increase is due to an increased number of permitting authorities (4
more) and to an estimated increase in the number of PSEUs (1,110 more).

    Dated: July 1, 2016.
Kevin Culligan,
Acting Director, Sector Policies and Programs Division.
[FR Doc. 2016-16347 Filed 7-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27480]
[DOCID:fr11my06-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR06-16-000]

Crosstex North Texas Pipeline, L.P.; Notice of Petition for Rate
Approval

May 3, 2006.
    Take notice that on April 19, 2006, Crosstex North Texas Pipeline,
L.P. filed a petition for rate approval for NGPA section 311 maximum
transportation rates for firm and interruptible transportation
services, pursuant to section 284.123(b)(1)(i)(A) of the Commission's
regulations.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 online 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, May 19, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7180 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17642-17643]
[FR Doc No: 2014-06933]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2007-29019; FMCSA-2009-0011; FMCSA-
2011-0365]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
12 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 27, 2014. Comments must be
received on or before April 28, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2003-
16241; FMCSA-2007-29019; FMCSA-2009-0011; FMCSA-2011-0365], using any
of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 12 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 12 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Eric D. Bennett (NH)
Chad L. Burnham (ME)
Loren D. Chapman (MN)
David A. Christenson (NV)

John T. Edmondson (AL)
Nigel L. Farmer (CT)
Paul K. Leger (NH)
Martin L. Reyes (IL)
Gerald L. Rush, Jr. (NJ)
Alan T. Watterson (MA)
David E. Williford (NC)
Larry Winkler (MO)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 12 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (68 FR 61857; 68 FR 75715; 71 FR 6825; 72 FR 58362; 72 FR
67344; 73 FR 8392; 74 FR 65845; 75 FR 9480; 75 FR 13653; 75 FR 22176;
77 FR 3552; 77 FR 10604; 77 FR 13691; 77 FR 17107; 77 FR 17108). Each
of these 12 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption requirements. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by April 28, 2014.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 12 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2003-16241; FMCSA-
2007-29019; FMCSA-2009-0011; FMCSA-2011-0365 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2003-16241; FMCSA-2007-29019; FMCSA-2009-0011; FMCSA-2011-0365
and click ``Search.'' Next, click ``Open Docket Folder'' and you will
find all documents and comments related to the proposed rulemaking.

    Issued on: March 14, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-06933 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-EX-P


                      ALLEGHENY COUNTY HEALTH DEPARTMENT
                              AIR QUALITY PROGRAM

                               November 29, 2021

SUBJECT:	Reasonable Available Control Technology (RACT II) Determination
            GenOn Cheswick Generating Station
            Pittsburgh & Porter Street
            Springdale, PA 15144
            Allegheny County

            Title V Installation Permit No. 0054-I005a

TO:		JoAnn Truchan, P.E.
            Section Chief, Engineering

FROM:		Bernadette Lipari
      Air Quality Engineer

 Executive Summary

The Cheswick Generating Station (Cheswick) is defined as a major source of NOX and VOC emissions and was subjected to a Reasonable Available Control Technology II (RACT II) review by the Allegheny County Health Department (ACHD) required for the 1997 and 2008 Ozone National Ambient Air Quality Standard (NAAQS). The findings of the review established that technically and financially feasible RACT would result in the following emissions changes, summarized below.

 Regulatory Basis

ACHD requested all major sources of NOX (potential emissions of 100 tons per year or greater) and all major sources of VOC (potential emissions of 50 tons per year or greater) to reevaluate NOX and/or VOC RACT for incorporation into Allegheny County's portion of the PA SIP.

A case-by-case RACT II permit was issued on February 28, 2020 (#0054-I005), which included emissions averaging of the Main Boiler No. 1 with the Brunot Island Generating Station. On August 27, 2020, the U.S. Third Circuit Court of Appeals issued an opinion in Sierra Club v. EPA, 3d. Cir. No. 19-2562 vacating and remanding three aspects of the U.S. Environmental Protection Agency's (EPA) May 19, 2019 approval of DEP's 2016 reasonably available control technology (RACT II) Rule to reduce ozone pollution from coal-fired power plants. Sierra Club challenged EPA's approval of the RACT II Rule's NOX emission limit for coal-fired power plants with selective catalytic reduction (SCR) pollution controls; the inlet operating temperature threshold for power plants to operate SCR pollution controls; and operating temperature data recordkeeping and reporting requirements. The Court found EPA's approval of these three provisions of the RACT II Rule to be arbitrary and capricious, because they were not supported by the administrative record. As a result, the Court vacated EPA's approval of these three provisions and remanded them back to the agency for further action. As a result of this action, GenOn Cheswick was required to submit a new case-by-case RACT analysis for the Main Boiler No. 1.  This amendment includes eliminating the averaging plan with the Brunot Island Generating Station (#0056) and removing the alternate limit for operation of the SCR at <600 °F.

 Facility Description, Existing RACT I and Sources of NOX

The Cheswick Generating Station is an electric generating facility located on Pittsburgh and Porter Streets in Springdale, PA. The plant is composed of one main boiler exhausting to one stack, which fires coal (including synfuel) as the primary fuel and natural gas as an auxiliary fuel for startup, shutdown, and during upset conditions. Pollution control equipment for the main boiler includes low NOX burners, electrostatic precipitation with flue gas conditioning, selective catalytic reduction, and flue gas desulfurization (FGD). The plant also has a No. 2 oil-fired auxiliary boiler which exhausts to a separate stack. Cheswick is a major source of NOX and VOC emissions.

On March 8[th], 1996 the facility entered into a consent decree with the Department to meet RACT I obligations under RACT Order No. 217. RACT Order 217 was approved as RACT by EPA in 2001 (66 FR 52867). The RACT I requirements are to operate the Main Boiler No. 1 with properly maintained and operated low NOX concentric firing system II and a NOX CEMS. The NOX emissions were limited to 0.5548 lb NOX/MMBtu (24 hours), 0.45 lb NOX/MMBtu (annually), and 10,840 tons NOX/yr. All processes and controls are to be operated and maintained according to good engineering practice. Additional requirements are to maintain records of production and fuel usage demonstrating compliance.

Table 1
Facility Sources Subject to Case-by-Case RACT II and Their Existing RACT I Limits
Source ID
Description
Rating
NOX PTE (TPY)
                         Proposed Case-by-Case RACT II
S-001
Main Boiler No. 1: Tangentially-Fired Coal Boiler
5,500 MMBtu/hr (maximum continuous rating)
10,840
                                 6.48 tons/day
                                  Daily Limit
     CEMS 24-hour block total, based on a maximum 0.090 lb/MMBtu with SCR
25 Pa Code
§129.99(b)

                                0.27 lb/MMBtu
 CEMS 24-hour block total, based on a maximum 0.27 lb/MMBtu with SCR under all operating conditions
25 Pa Code
§129.99(b)

                                   540 lb/hr
                                  30-day Limit
CEMS rolling average emissions rate averaged over 30 valid boiler operating days. (includes all operating scenarios and all valid reporting hours)
25 Pa Code
§129.99(b)

                                 2,365 ton/yr
                Maximum annual emissions based on 30-day limit
25 Pa Code
§129.99(b)
Source ID
Description
Rating
VOC PTE (TPY)
                         Proposed Case-by-Case RACT II
S-001
Main Boiler No. 1: Tangentially-Fired Coal Boiler
5,500 MMBtu/hr (maximum continuous rating)
                                     82.0
                                     82.0
The permittee shall install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices.
25 Pa Code
§129.99(b)

Table 2
Facility Sources Subject to the Presumptive RACT II per PA Code 129.97
                                   Source ID
                                  Description
                                    Rating
                                 NOX PTE (TPY)
                                 VOC PTE (TPY)
                             Basis for Presumptive
           Presumptive RACT Requirement (25 Pa Code Section 129.97)
S-002
Auxiliary Boiler: No. 2 fuel oil-fired
160 MMBtu/hr
                                      8.4
                                     0.13
                               > 50 MMBtu/hr
129.97(g)(ii); 0.12 lb/MMBtu/hr NOx on a 30-day rolling average, and 8.4 tons/yr.

Diesel Air Compressor
465 HP
                                     1.61
                                     0.02
                                 < 5 TPY NOX
129.97(c)(1); The permittee shall install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices.

Diesel Air Compressor
465 HP
                                     1.61
                                     0.02
                                < 5 TPY NOX
129.97(c)(1);The permittee shall install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices.

Table 3
Facility Sources Exempt from RACT II per PA Code 129.96(c) {< 1 TPY NOX}
                                   Source ID
                                  Description
                                    Rating
                                 NOX PTE (TPY)
                                 VOC PTE (TPY)
B001
Space Heaters (7 units)
0.6 x 4, 0.35 x 2, 0.15 x 1 [MMBtu/hr x Quantity]
                           < 0.25 (largest unit)
                                    <0.1

 RACT Determination

The RACT permit application #0054-I005a, dated April 1, 2021, has a complete RACT analysis.  Based on the technical and economic infeasibility of different control technologies and SCR operational scenarios, RACT is the current use of SCR and compliance with the proposed optimized NOX emissions limitations listed in Table 1 above. Compliance with the emissions limits will be demonstrated using CEMS, which will measure NOX emissions. The Facility currently controls ammonia injection at optimal set points.

In addition to the Facility's analysis, ACHD and the PA DEP performed a technical evaluation to address RACT requirements for the main power generating coal-fired combustion unit at the Cheswick Generating Station.   The DEP analysis is in Appendix A.  The Facility is proposing to limit NOX emissions to a maximum of 6.48 tons/day on a 24-hour block average with SCR, and a maximum of 0.27 lb/MMBtu on a 24-hour block average with SCR under all operating conditions, and 540 lb/hr, on a 30-day rolling average basis at all operating loads (i.e., normal load, low load, and startup and shutdown).

The Department has determined that the VOC RACT, for the Main Boiler No. 1, is continued compliance with existing requirements. The existing permit effectively limits the VOC emissions to less than 0.0034 lb/MMBtu, annually. To put the selected RACT limits into a broader context, the Department reviewed the EPA's RBLC (i.e., Code: 11.220 Utility and Large Industrial Size Boilers/Furnaces >250 MMBtu/hr Coal) over the last 10 years. The VOC limits are comparable with the VOC limits identified in the RBLC search.

 RACT Emissions Summary

The conditions of Plan Approval Order and Agreement No. 217, issued March 8[th], 1996, as well as the limits in RACT IP #0054-I005, have been superseded by the case-by-case and presumptive RACT II conditions in this proposed permit amendment.  The RACT II conditions are at least as stringent as those from RACT I. Based on the findings in this RACT analysis, the Cheswick facility emissions can be summarized as follows:

Table 4
RACT II NOX Emissions Reduction Summary

                         NOX Potential Emissions (tpy)
                             PTE Prior to RACT II
                                RACT Reduction
                                  Revised PTE
                                    10,883
                                     8,506
                                     2,377

Table 5
RACT II VOC Emissions Reduction Summary

                         VOC Potential Emissions (tpy)
                             PTE Prior to RACT II
                                RACT Reduction
                                  Revised PTE
                                     82.1
                                       0
                                     82.1

The Installation Permit amendment is being modified to include the RACT II recommendations made by the PA DEP included in Appendix A. The following permit conditions have been modified or added:

 Conditions V.A.1.b.1) through 4);
 Condition V.A.1.d;
 Conditions V.A.3.a.1) and 2); and
 Condition V.A.6.e through Condition V.A.6.k.

 RACT II Permit Conditions

                                   Source ID
                                  Description
                          Permit 0054-I005 Condition
                                  Regulations

                               Main Boiler No. 1
                               Condition V.A.1.b
                               Condition V.A.1.c
                               Condition V.A.1.d
                                Condition V.A.2
                               Condition V.A.3.a
                               Condition V.A.3.b
                               Condition V.A.3.c
                               Condition V.A.4.a
                               Condition V.A.4.b
                               Condition V.A.4.c
                               Condition V.A.4.d
                               Condition V.A.4.e
                               Condition V.A.4.f
                               Condition V.A.4.g
                               Condition V.A.4.h
                               Condition V.A.4.i
                               Condition V.A.4.j
                               Condition V.A.5.a
                               Condition V.A.5.b
                               Condition V.A.5.c
                               Condition V.A.5.d
                               Condition V.A.6.a
                               Condition V.A.6.b
                               Condition V.A.6.c
                               Condition V.A.6.d
                               Condition V.A.6.h
                               Condition V.A.6.i
                               Condition V.A.6.j
                              25 PA Code §129.99
                              25 PA Code §129.99
                              25 PA Code §129.99
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                              25 PA Code §129.99
                              25 PA Code §129.99
                             25 PA Code §129.100
                             25 PA Code §129.100
                              25 PA Code §129.99
                              25 PA Code §129.99
                              25 PA Code §129.99

                               Auxiliary Boiler

                               Condition V.B.1.b
                               Condition V.B.1.c
                               Condition V.B.1.d
                               Condition V.B.1.e
                               Condition V.B.2.a
                               Condition V.B.2.b
                                Condition V.B.3
                               Condition V.B.4.a
                               Condition V.B.4.b
                               Condition V.B.4.c
                               Condition V.B.4.d
                               Condition V.B.5.a
                               Condition V.B.5.b
                               Condition V.B.6.a
                               Condition V.B.6.b
                              25 PA Code §129.99
                    25 PA Code §129.97(g)(1)(ii), §129.99
                             25 PA Code §129.100
                    25 PA Code §129.97(g)(1)(ii), §129.99
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                             25 PA Code §129.100
                              25 PA Code §129.99
                              25 PA Code §129.99

                                  APPENDIX A


 Table 3 Transition Program for Equipment Manufacturers Annual Agency Burden and Cost Hours and cost per application Total hours and cost Information Collection Activity EPS @ $ 25.

47/ hr Attorney @

$ 30.29 Respon.

hr/ yr Labor cost/ yr Capital Startup Cost O & M Cost( 1) Number of Respon. Total hr/ yr ( c x g) Total cost/ yr ( d x g + f)

( a) ( b) ( c) ( d) ( e) ( f) ( g) ( h) ( i)

Review regulations 20 15 35 964 0 0 1 35 964 Develop fact sheet and written guidance 53 9 62 1,623 0 200 1 62 1,823 Answer respondents'

questions 250 25 275 7,125 0 200 250 68,750 1,781,450 Review information submitted by OEMs and engine manufacturers 60 5 65 1,679 0 0 133 8,645 223,307 Process reports and verify compliance 45 8 53 1,388 0 100 205 10,865 284,640 Set up a database 9 0 9 223 0 0 1 9 223 Store information received from OEMs and engine manufacturers 40 0 40 1,019 0 5 205 8,200 208,900 Process hardship relief requests 40 10 50 1,319 0 10 1 50 1,329 Investigate possible noncompliance 240 75 315 8,385 0 933 7 2,205 59,628 Total 757 147 904 23,725 0 1,448 varies 98,821 2,562,264 ( 1) See section 6 ( c ) for details.


[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Page 2167]
[FR Doc No: 2014-00379]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2002-0011; FRL 9904-76-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Laboratory Quality Assurance Evaluation
Program for Analysis of Cryptosporidium Under the Safe Drinking Water
Act (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Laboratory Quality Assurance
Evaluation Program for Analysis of Cryptosporidium under the Safe
Drinking Water Act'' (EPA ICR No. 2067.05, OMB Control No. 2040-0246)
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through January 31, 2014. Public comments were previously requested via
the Federal Register (78 FR 54643) on September 5, 2013, during a 60-
day comment period. This notice allows for an additional 30 days for
public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before February 12,
2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2002-0011, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Carrie Miller, Technical Support
Center (TSC), Office of Ground Water and Drinking Water, (MS-140),
Environmental Protection Agency, 26 West Martin Luther King Drive,
Cincinnati, Ohio 45268; telephone number:<PHONE_NUMBER>; fax number:
513-569-7191; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Under the Long Term 2 Enhanced Surface Water Treatment
Rule (LT2ESWTR), EPA requires public water systems to use approved
laboratories when conducting Cryptosporidium monitoring. The Code of
Federal Regulations at 40 CFR 141.705(a) provides for approval of
Cryptosporidium laboratories by ``an equivalent'' State laboratory
certification program (i.e., equivalent to EPA's Laboratory Quality
Assurance Evaluation Program). In the preamble to the LT2ESWTR as well
as several other notices, EPA has described the criteria for approval
of laboratories to analyze Cryptosporidium samples under the LT2ESWTR.
Through today's notice, EPA is inviting comment on refinements to the
information collection approach to support EPA's Laboratory Quality
Assurance Program.
    Form Numbers: None.
    Respondents/affected entities: Interested States and Laboratories.
    Respondent's obligation to respond: Required to obtain or retain a
benefit.
    Estimated number of respondents: 45 laboratories and 20 States/
Territories.
    Frequency of response: Annual.
    Total estimated burden: 5,472 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $803,774 (per year), includes $295,056
annualized capital or operation & maintenance (O&M) costs.
    Changes in Estimates: There is an increase of 629 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. Changes in burden have occurred due to inflation,
changes in the respondent universe, re-evaluation of hours for tasks,
re-evaluation of O&M costs, and improved demonstration of capability.
There is also new burden from states integrating Cryptosporidium into
their existing certification programs, taking over this responsibility
from the EPA.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2014-00379 Filed 1-10-14; 8:45 am]
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[Federal Register: November 18, 2009 (Volume 74, Number 221)]
[Proposed Rules]
[Page 59492-59494]
[DOCID:fr18no09-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1011; Airspace Docket No. 09-ANM-19]

Proposed Establishment of Class E Airspace; Bryce Canyon, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Bryce
Canyon Airport, Bryce Canyon, UT. Controlled airspace is necessary to
accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedure (SIAP)
at Bryce Canyon Airport, Bryce Canyon, UT. The FAA is proposing this
action to enhance the safety and management of Instrument Flight Rules
(IFR) aircraft operations at Bryce Canyon Airport.

DATES: Comments must be received on or before January 4, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2009-
1011; Airspace Docket No. 09-ANM-19, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2009-1011 and Airspace Docket No. 09-ANM-19) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2009-1011 and Airspace Docket No. 09-ANM-19''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Bryce Canyon Airport, Bryce
Canyon, UT. Controlled airspace is necessary to accommodate aircraft
using the new RNAV (GPS) SIAP at Bryce Canyon Airport. This action
would enhance the safety and management of (IFR) operations at Bryce
Canyon Airport, Bryce Canyon, UT.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9T, signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle I, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Bryce Canyon Airport,
Bryce Canyon, UT.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth

* * * * *

ANM UT E5 Bryce Canyon, UT [New]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N., long. 112[deg]08'45'' W.)

    That airspace extending upward from 700 feet above the surface
within 8 miles each side of the 047[deg] and 227[deg] bearing from
the airport, extending 18 miles northeast and 15.9 miles southwest
of the airport.
* * * * *

    Issued in Seattle, Washington, on November 5, 2009.
Robert E. Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-27663 Filed 11-17-09; 8:45 am]

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