[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2723-2725]
[FR Doc No: 2022-00976]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0554; FRL-9297-01-R3]

Approval and Promulgation of Air Quality Implementation Plan;
Delaware; Emissions Statement Certification for the 2015 Ozone National
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the Delaware
Department of Natural Resources and Environmental Control (DNREC). The
revision provides Delaware's certification that its existing emissions
statement program satisfies the emissions statement requirements of the
Clean Air Act (CAA) for the 2015 ozone national ambient air quality
standard (NAAQS). EPA is approving Delaware's emissions statement
program certification for the 2015 ozone NAAQS as a SIP revision in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on February 18, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0554. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 31, 2021 (86 FR 16683), EPA published a notice of proposed
rulemaking (NPRM) that proposed approval of Delaware's certification
that its emissions statement regulation meets the emissions statement
requirement of Section 182(a)(3)(B) of the CAA for the 2015 ozone
NAAQS. The formal SIP revision was submitted by the State of Delaware,
through DNREC, on August 3, 2020.

II. Summary of SIP Revision and EPA Analysis

    On August 3, 2020, Delaware, through DNREC, submitted as a formal
SIP revision, a statement certifying that Delaware's existing SIP-
approved emissions statement program satisfies the emissions statements
requirements for the 2015 ozone NAAQS and is at least as stringent as
the requirements of CAA Section 182(a)(3)(B). The provisions that
implement Delaware's emissions statements program codified at 7 DE
Administrative Code 1117 Section 7.0 and were approved by EPA into the
Delaware SIP on April 29, 1996 (61 FR 7415, February 28, 1996). See 40
Code of Federal Regulations (CFR) 52.420(c). Table 1 in this document,
summarizes Delaware's emissions statements provisions and the
corresponding CAA Section 182(a)(3)(B) requirements.

    Table 1--Delaware Emissions Statements Provisions and CAA Section
                        182(a)(3)(B) Requirements
------------------------------------------------------------------------
      CAA section 182(a)(3)(B) \1\        7 DE administrative code 1117
              requirement                    section 7.0 requirement
------------------------------------------------------------------------
182(a)(3)(B)(i)--For marginal            7 DE Admin Code 1117 Section
 nonattainment areas, the State shall     7.1--Emissions statements
 submit a SIP revision to require that    requirements apply to all
 the owner or operator of each            stationary sources located in
 stationary source of nitrogen oxides     an ozone nonattainment area
 (NOX) or volatile organic compounds      that emit NOX or VOC. This
 (VOCs) provide the State with a          would include marginal and
 statement for classes or categories of   above non-attainment areas.
 sources showing the actual emissions    7 DE Admin Code 1117 Section
 of NOX and VOC from that source.         7.2--Emissions statements are
                                          required to include the
                                          following information: Source
                                          identification information,
                                          operating data, actual
                                          emissions data, control
                                          equipment information, and
                                          process rate information.
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 are required to be submitted annually.   7.3--subject sources must
                                          submit to DNREC their annual
                                          emissions statements by April
                                          30 for the preceding calendar
                                          year. DNREC may require more
                                          frequent emissions statements
                                          if required by EPA or if more
                                          frequent analysis of data is
                                          necessary to implement the
                                          requirements of Title 7,
                                          Chapter 60. Environmental
                                          Control of the Delaware Code
                                          (7 Del.C. Chapter 60).
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 shall contain a certification that the   7.2--Each emissions statement
 information contained in the statement   shall include a certification
 is accurate to the best knowledge of     of the data to ensure that the
 the individual certifying the            information contained in the
 statement.                               statement is accurate to the
                                          best knowledge of the
                                          individual certifying the
                                          statement, who shall be an
                                          official of the facility and
                                          will take legal responsibility
                                          for the emissions statement's
                                          accuracy.
182(a)(3)(B)(ii)--The State may waive    7 DE Admin Code 1117 Section
 the requirements for emissions           7.1--DNREC may, with EPA
 statements for any class or category     approval, waive the emissions
 of stationary sources which emit less    statements requirements for
 than 25 tons per year (tpy) of NOX or    classes or categories of
 VOCs if the State provides an            stationary sources with
 inventory of emissions from such class   facility-wide actual emissions
 or category of sources as required by    of less than 25 tpy of NOX or
 CAA Section 172 and 182.                 VOCs if the class or category
                                          is included in the base year
                                          and periodic ozone SIP
                                          emission inventories.
------------------------------------------------------------------------
\1\ Section 182 of the CAA sets out a graduated control program for
  ozone nonattainment areas. Section 182(a) sets out requirements
  applicable in marginal ozone nonattainment areas, which are also
  applicable by Sections 182(b), (c), (d), and (e) to all other ozone
  nonattainment areas. See 2015 memorandum titled ``Emission Statement
  Requirement Under 8-hour Ozone NAAQS Implementation,'' available
  online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-0554.

    EPA has determined that the SIP-approved provisions under 7 DE
Administrative Code 1117 Section 7.0 satisfy the requirements of CAA
section 182(a)(3)(B) for the 2015 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's,
August 3, 2020 emissions statements certification for the 2015 ozone
NAAQS as approvable under CAA Section 182(a)(3)(B).
    Other specific requirements of DNREC's June 4, 2020 submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. Two supportive public comments were received
on the NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the State of Delaware's
emissions statement certification for the 2015 ozone NAAQS as
approvable under CAA Section 182(a)(3)(B). Delaware's emissions
statement certification certifies that Delaware's existing SIP-approved
emissions statement program under 7 DE Administrative Code 1117 Section
7.0 satisfies the requirements of CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);

     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 21, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action approving Delaware's emissions statement
certification for the 2015 ozone NAAQS may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 10, 2022.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding an
entry for ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:

Sec.  52.420   Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of non-regulatory  SIP          Applicable         submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emissions Statement Certification  Delaware's portion         8/3/20   1/19/2022, [insert    Certification that
 for the 2015 Ozone National        of the Philadelphia-                Federal Register      Delaware's SIP-
 Ambient Air Quality Standard.      Wilmington-Atlantic                 citation].            approved
                                    City, PA-NJ-MD-DE                                         regulations under
                                    2015 ozone NAAQS                                          7 DE
                                    nonattainment area                                        Administrative
                                    (i.e., New Castle                                         Code 1117 Section
                                    County).                                                  7.0 meet the
                                                                                emissions
                                                                                statements
                                                                                requirements of
                                                                                CAA Section
                                                                                182(a)(3)(B) for
                                                                                the 2008 ozone
                                                                                NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-00976 Filed 1-18-22; 8:45 am]
BILLING CODE 6560-50-P


From:
"Jones, DonnaLee"<EMAIL_ADDRESS>Sent:
Wed, 05 Oct 2022 17:45:31
To:
"David Ailor (dailor@accci.org)"<EMAIL_ADDRESS>Subject:
follow-up to call on method 303 tests

Hello again David  -  This is a follow-up email to summarize what we discussed on a TEAMS call earlier this afternoon to discuss the requested method 303 testing from both the battery bench and yard at two COETF coke facilities. As I explained, we have reviewed the information that was sent to the Coke Oven NESHAP Team along with your email of Friday, August 19, 2022 3:19 PM (attached) concerning the previous fatal accidents at coke facilities and photos of the conditions on the bench. We discussed this information as well as reviewed the opinions provided by Jerry Crowder, PhD, PE, of Crowder Environmental Associates, Inc., Allen, Texas<EMAIL_ADDRESS>who, as you know, is the national trainer for Method 303 readers.

Jerry believes that if all moving equipment is shut down, there should not be any danger in performing the EPA method 303 readings from the bench and that the current pool of method 303 readers are capable of obtaining the bench and yard observations. Jerry's opinions are very important in light of the list of accidents you sent, which, while not during method 303 readings, were all due to moving equipment. I thought of another possible scenario that I shared with you today, if facilities did not want to totally shut down pushing equipment, where readers could perform method 303 tests on ovens that were at least 30 ovens or more away at all times from any door removal and pushing equipment. Because we chose large facilities to perform the tests [Cleveland Cliffs Burns Harbor and US Steel Clairton] in the recent 2022 section 114 information request and the facilities were permitted to choose which batteries to test, I would expect this separation distance to be possible. We also estimate that the total test time to complete the entire battery testing is a total of 4 hours, so, hopefully, there would be minimal disruption to production activities by the independent method 303 test staff. In addition, the testing does not need to be continuous, which allows flexibility, but testing on any single battery should be completed in the same day.

One of the reasons the EPA would like these tests to be performed from the bench and yard is to compare any new data to the data used to develop the current AP-42 equation to estimate door leaks, that is based on 1981 data obtained from US Clairton, as well as to compare any new data to the revised equation Kevin McGinn and I developed from the same 1981 study, which produces significantly different emissions estimates. See attached memorandum we previously shared with the industry. In addition, as I also mentioned on our call today, we need new data because the 1981 study was performed on "short" doors, which were the standard door size back in 1981, whereas most facilities now have "tall" doors." These facts and the fact that door leaks have been found in the past to have a large effect on facility risk makes an update to the door leak rates important and necessary at this time as we continue to work on the Coke Oven NESHAP RTR.

To conclude our call, I asked you if you thought the industry would like to discuss these issues further or provide the EPA with any additional responses. As you are likely on vacation now, I wait until the week of October 17th to contact you again as to the path forward. If no further discussion is thought to be necessary, we will prepare a letter to be sent to the two facilities previous selected to perform the method 303 tests with a revised schedule data submission.

Nice talking to you today. Take care.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

<<Doors-Revised-Equation-Memo-08-02-21.pdf>>
<<8-19-22-COETF-follow-up-email-hazard photos & accident-reports-etc.pdf>>


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19057-19058]
[FR Doc No: 2017-08299]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA 2017-N-1780]

Joint Meeting of the Pediatric Advisory Committee and the
Pediatric Ethics Subcommittee; Notice of Meeting; Establishment of a
Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of meeting; establishment of a public docket, request
for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Pediatric Advisory
Committee (PAC) and the Pediatric Ethics Subcommittee (PES). The
general function of the committees is to provide advice and make
recommendations to the Agency on pediatric ethical issues. The meeting
will be open to the public. FDA is establishing a docket for public
comments on this document.

DATES: The meeting will be held on May 18, 2017, from 8:30 a.m. to 5:30
p.m. The docket number is FDA 2017-N-1780. The docket will close on May
19, 2017. Comments received on or before May 5, 2017 will be provided
to the committee. Comments received after the date will be taken into
consideration by the Agency.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Building 31
Conference Center, the Great Room (Rm. 1503, section A), Silver Spring,
MD 20993-0002. For those unable to attend in person, the meeting will
also be webcast. The link for the webcast is available at https://collaboration.fda.gov/pacm051817. Answers to commonly asked questions
including information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at
http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    You may submit your comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submission as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA 2017-N-1780 for the ``Joint Meeting of the Pediatric Advisory
Committee and the Pediatric Ethics Subcommittee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this

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

FOR FURTHER INFORMATION CONTACT: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm. Scroll down to the appropriate advisory
committee meeting link, or call the advisory committee information line
to learn about possible modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On May 18, 2017, the PAC and the PES will meet to discuss a
referral by an Institutional Review Board (IRB) of a clinical
investigation that involves children and FDA regulated products. The
clinical investigation is entitled ``A Double-Blind, Placebo-
Controlled, Multi-Center Study with an Open-Label Extension to Evaluate
the Efficacy and Safety of SRP-4045 and SRP-4053 in Patients with
Duchenne Muscular Dystrophy.'' Comments about the upcoming joint
meeting should be submitted to Docket No. FDA 2017-N-1780.
    After presentation of an overview of the IRB referral process under
21 CFR 50.54, an overview of the protocol and the issues raised by the
IRB referral, other relevant presentations about the request to modify
the protocol, and a summary of the public comments received concerning
whether the protocol should proceed as modified, the committee will
discuss the protocol modification and develop a recommendation
regarding whether the protocol should proceed as modified. The
committee's recommendation will then be presented to the Commissioner
of Food and Drugs.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material will be
available at: http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before May
11, 2017. Oral presentations from the public will be scheduled on May
18, 2017 between approximately 11 a.m. and 12:30 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before May 3, 2017. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by May 4, 2017.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Marieann Brill at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: April 19, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-08299 Filed 4-24-17; 8:45 am]
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[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56609]
[DOCID:fr02no09-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL10-5-000]

Public Service Company of Colorado; Notice of Institution of
Proceeding and Refund Effective Date

October 23, 2009.
    On October 22, 2009, the Commission issued an order that instituted
a proceeding in Docket No. EL10-5-000, pursuant to section 206 of the
Federal Power Act (FPA), 16 U.S.C. 824e (2006), to consider the
justness and reasonableness of Public Service Company of Colorado's
(PSCo) $15.16/kW/month demand charge under its Coordination Sales
Tariff.\1\ Western Systems Power Pool, 129 FERC ] 61,055 (2009).
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    \1\ PSCo Coordination Sales Tariff FERC Electric Tariff,
Original Volume No. 2.
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    The refund effective date in Docket No. EL10-5-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any person desiring to intervene in the above proceeding must file
in accordance with Rule 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.214) within 21 days of the date of this notice.
It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Anyone filing a motion to intervene must serve a copy of
that document on the Applicant.
    The Commission encourages electronic submission of interventions in
lieu of paper, using the FERC Online links at http://www.ferc.gov. To
facilitate electronic service, persons with Internet access who will
eFile a document and/or be listed as a contact for an intervenor must
create and validate an eRegistration account using the eRegistration
link. Select the eFiling link to log on and submit the intervention.
    Persons unable to file electronically should submit an original and
14 copies of the intervention to the Federal Energy Regulatory
Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-26235 Filed 10-30-09; 8:45 am]

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[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13429-13433]
[FR Doc No: 2016-05587]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77319; File No. SR-CBOE-2016-016]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
of a Proposed Rule Change Related to Options That Overlie the MSCI EAFE
Index and the MSCI Emerging Markets Index

March 8, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on February 29, 2016, Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons and, for
the

reasons discussed below, is approving the proposal on an accelerated
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange seeks to amend the listing criteria for options that
overlie the MSCI EAFE Index and the MSCI Emerging Markets Index (``EAFE
options'' and ``EM options''). The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange 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
    On April 8, 2015, the Commission approved CBOE's proposal to list
and trade options on the MSCI EAFE Index (``EAFE Index'') and the MSCI
Emerging Markets Index (``EM Index'').\3\ Rule 24.2.01(a) sets forth
the initial listing standards for EAFE and EM options. Rule 24.2.01(b)
sets forth the maintenance listing standards for EAFE and EM options.
All of the maintenance listing requirements set forth in Rule
24.2.01(b) are met except for the requirement that the initial listing
standard of Rule 24.2.01(a)(7) continues to be met. Rule 24.2.01(a)(7)
currently states that Non-U.S. component securities (stocks or ADRs)
that are not subject to comprehensive surveillance agreements
(``CSAs'') do not, in the aggregate, represent more than: (i) Twenty
percent (20%) of the weight of the EAFE Index, and (ii) twenty-two and
a half percent (22.5%) of the weight of the EM Index. Due to unforeseen
circumstances, as described below, the EAFE and EM Indexes no longer
meet this requirement; thus, the Exchange is seeking to amend Rule
24.2.01(a)(7) (criteria ``No. 7'') to raise the CSA percentage for the
EAFE and EM Indexes by five percent (5%).
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    \3\ See Securities Exchange Act Release No. 74681 (April 8,
2015), 80 FR 20032 (April 14, 2015) (approving SR-CBOE-2015-023).
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EAFE Index
    The EAFE Index consists of the following 21 developed market
country indexes: Australia, Austria, Belgium, Denmark, Finland, France,
Germany, Hong Kong, Ireland, Israel, Italy, Japan, the Netherlands, New
Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, and
the United Kingdom. The EAFE Index consists of large and midcap
components, has 928 constituents and ``covers approximately 85% of the
free float-adjusted market capitalization in each country.'' \4\
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    \4\ See EAFE Index fact sheet (dated January 29, 2016) located
at: http://www.msci.com/resources/factsheets/index_fact_sheet/msci-eafe-index-usd-price.pdf.
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    In order for EAFE options to meet listing criteria No. 7, the
Exchange relied on Intermarket Surveillance Group (``ISG'') \5\
membership \6\ as well as several CSAs \7\ that the Exchange has
entered into with relevant stock exchanges. One of the CSAs that the
Exchange relied upon was the CSA with the Association of Swiss
Exchanges (the ``Association''), which is the predecessor to SIX Swiss
Exchange (``SIX Swiss''). However, CBOE was recently informed by SIX
Swiss that the Association's activities have ceased and that SIX Swiss
was unable to find evidence of a transfer of the CSA to SIX Swiss. The
Exchange has been in contact with SIX Swiss in an attempt to enter into
a new CSA, but the Exchange has thus far been unable to execute a new
CSA with SIX Swiss. The component securities of the EAFE Index that
trade on SIX Swiss represent approximately 9.5% of the weight of the
EAFE Index. When relying on the CSA with the Association, the non-U.S.
component securities (stocks or ADRs) that are not subject to CSAs do
not, in the aggregate, represent more than 20% of the weight of the
EAFE Index. Currently, without relying on the CSA with the Association,
the non-U.S. component securities (stocks or ADRs) that are not subject
to CSAs do not, in the aggregate, represent more than approximately
24.5% of the weight of the EAFE Index. Thus, the Exchange is seeking to
amend listing criteria No. 7 for EAFE options to raise the percentage
of non-U.S. component securities that do not need to be subject to CSAs
from twenty percent (20%) to twenty-five percent (25%).
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    \5\ The ISG ``is comprised of an international group of
exchanges, market centers, and market regulators.'' See Intermarket
Surveillance Group Web site, available at https://www.isgportal.org/home.html. The purpose of the ISG is to provide a framework for the
sharing of information and the coordination of regulatory efforts
among exchanges trading securities and related products to address
potential intermarket manipulations and trading abuses. The ISG
plays a crucial role in information sharing among markets that trade
securities, options on securities, security futures products, and
futures and options on broad-based security indexes. A list
identifying the current ISG members is available at: https://www.isgportal.org/home.html.
    \6\ The component securities that represent a majority of the
weight of the EAFE and EM Indexes are traded on exchanges that are
members of ISG.
    \7\ For the EAFE and EM Indexes, the CSAs are in the form of
Memorandum of Understanding (``MOUs'') or information sharing
agreements.
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    The Exchange represents that raising the percent will not have an
adverse impact on the Exchange's surveillance program. The Exchange
represents that it will still have an adequate surveillance program in
place for EAFE options and will continue to use the same surveillance
procedures currently utilized for each of the Exchange's other index
options to monitor trading in EAFE options.
    Furthermore, the EAFE Index is a broad-based index with 928
constituents. The component stocks of the EAFE Index have a market
capitalization of 11,444,154.78 (USD Millions) with an average market
capitalization per constituent of 12,332.06 (USD Millions).
Additionally, the component stocks have an average daily volume of over
5 billion with an average daily volume per constituent of over 5
million. Also, the largest constituent in the EAFE Index currently only
accounts for 2.04% of the weight of the EAFE Index. Given the high
number of constituents and capitalization of the EAFE Index and the
deep and liquid markets for the securities underlying these indexes,
the concerns for market manipulation and/or disruption in the
underlying markets are greatly reduced.
EM Index
    The EM Index consists of the following 23 emerging market country
indexes: Brazil, Chile, China, Colombia, Czech Republic, Egypt, Greece,
Hungary, India, Indonesia, Korea, Malaysia, Mexico, Peru, Philippines,
Poland, Qatar, Russia, South Africa, Taiwan, Thailand, Turkey and
United Arab Emirates. The EM Index consists of large and midcap
components, has 837 constituents and ``covers approximately 85% of the
free float-adjusted market capitalization in each country.'' \8\
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    \8\ See EM Index fact sheet (dated January 29, 2016) located at:
http://www.msci.com/resources/factsheets/index_fact_sheet/msci-emerging-markets-index-usd-price.pdf.

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    In order for EM options to meet listing criteria No. 7, the
Exchange relied on ISG membership as well as several CSAs that have
been entered into with relevant stock exchanges. One of the CSAs that
the Exchange relied upon was the CSA with Bolsa de Valores de Sao Paulo
(``BOVESPA''), which is the predecessor to Bolsa de Valores Mercadorias
e Futuros (``BM&FBOVESPA''). However, CBOE was recently informed by
BM&FBOVESPA that a Brazilian law prevents BM&FBOVESPA from providing
information to CBOE under the CSA. The component securities of the EM
Index that trade on BM&FBOVESPA represent approximately 5.5% of the
weight of the EM Index. When relying on the CSA with BOVESPA the non-
U.S. component securities (stocks or ADRs) that are not subject to CSAs
do not, in the aggregate, represent more than approximately 22.5% of
the weight of the EM Index. Currently, without relying on the CSA with
BOVESPA, the non-U.S. component securities (stocks or ADRs) that are
not subject to CSAs do not, in the aggregate, represent more than
approximately 24.5% of the weight of the EM Index. Thus, the Exchange
is seeking to amend listing criteria No. 7 for EM options to raise the
percentage of non-U.S. component securities that do not need to be
subject to CSAs from twenty-two and a half percent (22.5%) to twenty-
seven and a half percent (27.5%).\9\
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    \9\ The Exchange notes that the iShares MSCI Emerging Markets
ETF (``EEM''), which is also based on the EM Index, is only required
to have 50% of the component securities subject to CSAs. See
Securities Exchange Act Release No. 53824 (May 17, 2006), 71 FR
30003 (May 24, 2006) (SR-Amex-2006-43).
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    The Exchange represents that raising the percent will not have an
adverse impact on the Exchange's surveillance program. The Exchange
represents that it will still have an adequate surveillance program in
place for EM options and will continue to use the same surveillance
procedures currently utilized for each of the Exchange's other index
options to monitor trading in EM options.
    Furthermore, the EM Index is a broad-based index with 837
constituents. The component stocks of the EM Index have a market
capitalization of 3,219,779.13 (USD Millions) and average market
capitalization per constituent of 3,846.81 (USD Millions).
Additionally, the component stocks have an average daily volume of over
25 billion with an average daily volume per constituent of over 30
million. Also, the largest constituent in the EM Index currently only
accounts for 3.29% of the weight of the EM Index. Given the high number
of constituents and capitalization of the EM Index and the deep and
liquid markets for the securities underlying these indexes, the
concerns for market manipulation and/or disruption in the underlying
markets are greatly reduced.
Conclusion
    EAFE and EM options are currently listed for trading on CBOE. The
Exchange generally adds new series after an expiration, which allows
trading to commence in the new series on the first trading day after
the expiration date. The Exchange currently lists EAFE and EM options
that expire in February, March, April, June, September, and December.
Additional series, specifically EAFE and EM options that expire in May,
are scheduled to be added after expiration on March 18, 2016, which
will allow trading to commence in the additional series on the next
trading day of March 21, 2016. Without this amendment, EAFE and EM
options cannot meet the continuing listing criteria of Rule 24.2.01(b),
specifically criteria No. 7, which will prevent the Exchange from
adding the EAFE and EM options that expire in May.\10\ The inability to
add the EAFE and EM options that expire in May would be a detriment to
market participants seeking to hedge positions in exchange-traded funds
(``ETFs'') based on the EAFE and EM indexes (``EFA'' and ``EEM,''
respectively), options on EFA and EEM, EAFE and EM futures, and
European-traded derivatives on the EAFE and EM Indexes. Additionally,
to the extent market participants want to roll a position in EAFE and
EM options that expire in April to a position that expires in May, they
will be prevented from doing so without this amendment.
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    \10\ Rule 24.2.01(b)(2) states that ``[i]n the event a class of
index options listed on the Exchange fails to satisfy the
maintenance listing standards set forth herein, the Exchange shall
not open for trading any additional series of options of that class
unless the continued listing of that class of index options has been
approved by the Commission under Section 19(b)(2) of the Exchange
Act.''
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act.\11\ In particular, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and to perfect the mechanism for a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that both the EAFE Index and
the EM Index are not easily susceptible to manipulation. Both indexes
are broad-based indexes and have high market capitalizations. The EAFE
Index is comprised of 928 component stocks, the component stocks have a
market capitalization of 11,444,154.78 (USD Millions) and average daily
volume of over 5 billion, and no single component comprises more than
3.5% [sic] of the index, making it not easily subject to market
manipulation. Similarly, the EM Index is comprised of 837 component
stocks, the component stocks have a market capitalization of
3,219,779.13 (USD Millions) and average daily volume of over 25
billion, and no single component comprises more than 3.5% of the index,
making it not easily subject to market manipulation. The purpose of a
CSA is to allow the Exchange to investigate manipulation if it were to
occur on a foreign exchange at which one of the component securities
trades. However, as described above, the EAFE and EM Indexes are
unlikely to be susceptible to manipulation; thus, raising the CSA
percentage for the EAFE and EM Indexes by only five percent (5%) is
unlikely to affect the Exchange's ability to investigate manipulation.
    Additionally, the iShares MSCI EAFE and iShares MSCI Emerging
Markets ETFs are actively traded products, as are options on those
ETFs. Because both indexes have large numbers of component securities,
are representative of many countries and trade a large volume with
respect to ETFs and options on those ETFs, the Exchange believes that
the revised listing requirements are appropriate to trade options on
these indexes. The Exchange also represents that it has an adequate
surveillance program in place for EAFE and EM options.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. Specifically, CBOE believes the proposed rule change will
allow the continued listing and trading of EAFE

and EM options, which enhances competition among market participants
and provides different types of options to compete with domestic
products such as EFA and EMM [sic], which seek to track the EAFE and EM
Indexes, respectively, EFA and EEM options, EAFE and EM futures and
European-traded derivatives on the EAFE Index and the EM Index to the
benefit of investors and the marketplace. For all the reasons stated
above, the Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act, and believes the proposed
change will enhance competition among similar products.

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

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

III. 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 Number SR-CBOE-2016-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2016-016. 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2016-016, and should be
submitted on or before April 4, 2016.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange 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 regulating,
clearing, settling, processing information with respect to, and
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.
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    \13\ 15 U.S.C. 78f(b). In approving this proposed rule change,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
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    In order to list options on the EAFE and EM indexes, CBOE Rule
24.2.01(a)(7) requires that any non-U.S. component securities that are
not subject to CSAs must not, in the aggregate, represent more than:
(i) Twenty percent (20%) of the weight of the EAFE Index, and (ii)
twenty-two and a half percent (22.5%) of the weight of the EM Index.
The Exchange proposes to raise the percentage of non-U.S. component
securities that do not need to be subject to CSAs to twenty-five
percent (25%) for the EAFE Index and twenty-seven and a half percent
(27.5%) for the EM Index. The Exchange stated that both indexes are
broad-based indexes, have high market capitalizations, and have
components with high trading volume. Given the high number of
constituents and the overall high capitalization of the EAFE and EM
Indexes and the deep and liquid markets for the securities underlying
these indexes, the Exchange believes that the concerns for market
manipulation or disruption in the underlying markets are greatly
reduced. Therefore, the Exchange believes that a five percent increase
would not likely impact its ability to investigate manipulation in
these products. Additionally, in its filing, the Exchange represented
that it will maintain an adequate surveillance program for EAFE and EM
options and will continue to use the same surveillance procedures
currently utilized for each of the Exchange's other index options to
monitor trading in these products. Based on these representations, the
Commission believes the modest increase in the applicable percentages
of non-U.S. component securities that do not need to be subject to CSA
requirements is not likely to have a material effect on CBOE's ability
to surveil for potential manipulation in EAFE and EM options.
Therefore, the Commission believes that approval of this proposal is
appropriate.
    The Exchange has requested that the Commission find good cause for
approving the proposed rule change prior to the 30th day after
publication of the notice thereof in the Federal Register. The Exchange
stated that accelerated approval of its proposal will allow CBOE to add
new series of EAFE and EM options that expire in May (which would be
listed after the March expiration). The Exchange believes that the
inability to add additional series in EAFE and EM options would be a
detriment to market participants seeking to hedge positions in EFA and
EEM, options on EFA and EEM, EAFE and EM futures, and European-traded
derivatives on the EAFE and EM Indexes. Additionally, the Exchange
stated that, without accelerated approval of its proposal, market
participants would be unable to roll a position in EAFE and EM options
that expires in April to a position that expires in May. The Commission
believes that good cause exists for accelerated approval of the
proposed rule change because it raises no novel issues and the modest
increase in the applicable percentages of non-U.S. component securities
that do not need to be subject to CSA requirements is not likely to
impose a material change in

CBOE's ability to surveil for potential manipulation in EAFE and EM
options or adversely affect market participants. The Commission further
believes that approval of this proposal on an accelerated basis should
benefit investors by creating, without undue delay, additional
competition in the market for these and similar products. Accordingly,
the Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\15\ to approve the proposed rule change prior to the 30th day
after the date of publication of the notice of filing thereof in the
Federal Register.
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    \15\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-CBOE-2016-016) be, and
hereby is, approved on an accelerated basis.
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    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05587 Filed 3-11-16; 8:45 am]
 BILLING CODE 8011-01-P