Supporting Statement for Information Collection Request Transition Program for Equipment Manufacturers ( Renewal)

EPA Number 1826.03 OMB Control Number 2060 0369 42 USC 7521 § 213( d) 40 CFR 89.102 August 2004 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency 2 1. Identification of the Information Collection 1( a) Title and Number of the Information Collection Transition Program for Equipment Manufacturers ( Renewal), EPA Number 1826.03, OMB Number 2060 0369.

1( b) Short Characterization In August 1998, EPA promulgated new emissions standards ( Tier I standards) for engines under 37 kW, and tightened existing standards ( Tier II standards) for engines above 37 kW. During the rulemaking process, some equipment manufacturers expressed concerns about delays in notification from engine manufacturers about changes in engine design resulting from the new regulations. Changes in engine design can create problems in fitting the engine to the equipment, forcing equipment manufacturers to redesign their products. Consequently, equipment manufacturers would be unable to sell the volume of equipment they planned for until the new equipment designs are available. In an effort to address these concerns by providing original equipment manufacturers ( OEMs) with some flexibility in complying with the regulations, EPA created the Transition Program for Equipment Manufacturers ( TPEM). Under the program, OEMs are allowed to use a number of noncompliant engines ( uncertified engines rated below 37 kW or Tier I engines rated at or above 37 kW) in their equipment for up to seven years after the effective date of the new standards. Post manufacture marinizers can also take advantage of the provisions of this program. Participation in TPEM is voluntary.

Participating OEMs and engine manufacturers who provide the noncompliant engines to the OEMs are required to keep records and submit reports of their activities under the program. This information is collected and used by the Engine Programs Group ( EPG), Certification and Compliance Division ( CCD), Office of Transportation and Air Quality ( OTAQ), Office of Air and Radiation ( OAR), U. S. Environmental Protection Agency ( EPA). The information could also be used by the Office of Enforcement and Compliance Assurance and the Department of Justice for enforcement purposes. Non confidential business information could be disclosed to importers, end users, trade associations, 3 environmental groups, and the public. The information is usually submitted in hard copy, and will be stored in a database and EPG's files.

It has been estimated that a total of 213 manufacturers will respond to this collection with an approximate cost of $ 848,582.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection Pursuant to Section 206( a) of the Clean Air Act ( 42 USC 7521), vehicle and engine manufacturers may not legally introduce their product into US commerce unless EPA has certified that their vehicles and engines comply with applicable emission standards. Section 213( d) extends that prohibition, codified at 40 CFR 89.1003( a), to nonroad engines.

To alleviate the unintended impact of the August 1998 emission regulations on OEMs, EPA created TPEM. The program allows OEMs to install noncompliant engines in their equipment for a limited period of time provided they comply with the requirements described in this information collection.

TPEM also provides protection for engine manufacturers so that they can sell engines that do not comply with current regulations to OEMs under the provisions of TPEM. The program is codified at 40 CFR 89.102. Engine manufacturers are also required to report the number of engines they sold under TPEM and their purchasers annually. The purpose of these reports is to independently verify the information provided by OEMs in their reports and prevent misuse of the program.

2( b) Practical Utility/ Users of the Data The information collected under TPEM is used to verify compliance and prevent abuse or misuse of the program. If compliance issues are identified, information submitted under the program could be used for enforcement purposes.

The information will be received, reviewed, and used by the Engine Programs Group ( EPG), Certification and Compliance 4 Division, Office of Transportation and Air Quality, Office of Air and Radiation. Non confidential portions of the information might be used by importers, end users, environmental groups, members of the public, state and local governments or other federal agencies such as US Customs.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication This program is unique to EPA. No other program or Agency collects this information. Because of its specialized ( and sometimes confidential) nature, the information collected is not available from any other source. Some of the information requested  such as actual production volumes is claimed by manufacturers as confidential business information ( CBI); therefore, EPA can only obtain it from manufacturers. Participation in the program is voluntary.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register ( 69 FR 34158) on June 18, 2004. A copy of this FR notice is provided in this package. Only one comment was received and was directed to several ICRs, not only to this one.

The commenter expressed concerns that engine emissions affect human health and EPA should " insist on zero emissions" for all nonroad engines included in the FR notice.

3( c) Consultations EPA consulted less than ten past respondents regarding this information collection burden. 5 3( d) Effects of Less Frequent Collection Except for the engine manufacturer's reports, each item of information requested is collected only once. More information could be requested if it is deemed necessary for compliance/ enforcement purposes.

Engine manufacturers are required to submit an annual production report under the requirements of the Certification Program. To avoid duplication of reported information, the information requested in this information collection is submitted in those reports. It is also easier for the engine manufacturer to gather the information at the end of the engine model year rather than coming back later to gather information from different years and production cycles.

3( e) General Guidelines This section is not applicable. No Paperwork Reduction Act guideline is exceeded.

3( f) Confidentiality Manufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR part 2.

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 6 4( a) Respondents/ NAICS Codes Respondents are manufacturers of nonroad equipment and engines within the following North American Industry Classification System codes:

333618 Other Engine Equipment Manufacturing 333111 Farm Machinery and Equipment Manufacturing 333120 Construction Machinery Manufacturing 4( b) Information Requested TPEM consists of four main " allowances" or " exemptions":

° Percent of production allowance ° Small volume allowance ° Existing inventory allowance and replacement engines ° Hardship relief OEMs can claim only one of the first two allowances ( percent of production or small volume) per power category. They can use the existing inventory allowance concurrently with the other allowances. If an OEM is requesting hardship relief, it might be able to use one of the first two allowances after the hardship relief period is over, depending on the agreement that the company reaches with EPA.

OEMs must demonstrate compliance with the provisions of the allowance they have selected for each power category by submitting the corresponding calculations and by keeping adequate records of all exempt equipment. A list of power categories is attached.

OEMs electing to participate in TPEM must also assure, in writing, to the engine manufacturer supplying the noncompliant engines that these engines are going to be used only in accordance with the provisions of TPEM. Engine manufacturers need that written assurance to protect themselves against the liabilities found in 40 CFR 89.1003.

Although the regulations do not require it, EPA suggests that OEMs ( or engine manufacturers) attach a label to the 7 noncompliant engines used under the provisions of TPEM. This label identifies the engine as being exempt from compliance with current EPA regulations under the provisions of TPEM. OEMs, importers and engine manufacturers have welcomed this suggestion as it prevents unnecessary problems at the time of importation. To be legally imported, an engine needs to be certified and labeled accordingly. Unlabeled engines might be detained by Customs until the importer can prove that the engine is certified ( and the label is obscured or missing) or exempt from compliance. By labeling the engine, OEMs let Customs know that the engine is covered by TPEM's provisions right away. Attached is a sample label.

OEMs must keep records of the production of all pieces of equipment manufactured under the provisions of TPEM. These records must be kept until December 31 of the year after the last year in which any of the allowances are used by the company. OEMs must make these records available to the Agency upon request. An OEM with inaccurate or inadequate records would be subject to civil penalties under existing law.

( i) Data Items Table A Information Items Requested from Equipment Manufacturers Information Item Reference in Regulations Letter to the engine manufacturer 89.102( g)

Calculation to verify compliance 89.102( e)( 1) 8 Table B Application for Hardship Relief OEMs who feel that TPEM does not provide a viable alternative for them to comply with EPA emissions regulations on a timely manner, and, as a consequence, will face serious economic hardship, can apply for hardship relief.

Information Item Reference in Regulations Statement that the applicant is not also the engine manufacturer 89.102( f)( 2)

Evidence showing that the conditions causing the impending violation are substantially not the applicant's fault 89.102( f)( 3)

Evidence showing that, if relief is not granted, the applicant will face serious economic hardship 89.102( f)( 4)

Demonstration that no other allowance will help to avoid the impending violation 89.102( f)( 5) 9 Table C Information Items Requested from Engine Manufacturers Every year, within 30 days of the end of the model year, engine manufacturers supplying noncompliant engines under the provisions of TPEM must submit a report with the following information:

Information Item Reference in Regulations Number of engines produced by:

Engine model 89.125( b)

Purchaser or shipping destination 89.125( b)

Other categories that EPA may require 89.125( b)

Table D Recordkeeping Requirements OEMs must keep records of all exempt equipment. OEMs and/ or their representatives must keep sufficient records to demonstrate compliance until at least two full years after the last year in which the allowances are available for each power category ( 89.102( e)( 2)). These records must be made available to EPA upon request.

Information Item Reference in Regulations Equipment and engine model numbers 89.102( e)( 2)

Serial numbers 89.102( e)( 2)

Dates of manufacture 89.102( e)( 2)

Engine rated power 89.102( e)( 2)

Sufficient information to verify 89.102( e)( 2) 10 ( ii) Respondent Activities Activities carried out by participating OEMs are as follows:

° Review the regulations; OEMs may contact EPA for further guidance ° Select an allowance per power category and decide what equipment to exempt ° Notify EPA of participation ( optional) ° Send a letter to the engine manufacturer ° Count exempt equipment as it is produced ° Make corresponding calculations to ensure compliance with the requirements of the selected allowance ° Submit calculations and actual production data to EPA ° Retain and maintain records, and submit them upon request OEMs who wish to apply for hardship relief will:

° Submit their request in writing describing their situation, and ° Provide proof that they will face serious economic hardship if relief is not granted Engine manufacturers participating in TPEM as providers of noncompliant engines:

° Receive requests for engines and supply them ( customary business practice) ° Gather information about who is requesting and purchasing the noncompliant engines ° Report to EPA their sales under TPEM by engine model and purchaser ° Keep records 5. The Information Collected Agency Activities, Collection 11 Methodology, and Information Management 5( a) Agency Activities EPA spends a significant amount of time answering questions and providing guidance to OEMs, importers, engine manufacturers and other interested parties about the program. EPA reviews and stores the information provided by OEMs or their representatives, and will process their reports when they start coming in. The information contained in the reports will be used to verify compliance and for enforcement purposes, as needed. The agency also conducts investigations if there is reason to believe an OEM or its representative is misusing the program or defaulting its requirements.

5( b) Collection Methodology and Management Currently, EPA receives information from respondents both in electronic format and in hard copy. EPA may, in the future, set up a database to collect OEM reports. Once the database is in place, EPA will store respondent's information both in hard copy and electronic format.

5( c) Small Entity Flexibility TPEM is particularly useful to small businesses as it provides them with additional time to comply with EPA emission regulations. Actually, the format of the program is based on recommendations made by the panel convened for the August 1998 rule under the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA). The small volume allowance is intended to address the needs of small businesses with a limited product line. The percent of production allowance requires OEMs to use certified engines in a portion of their production. The small volume allowance eliminates that requirement and allows OEMs to exempt up to 200 pieces of equipment without using certified engines at all.

The information being requested is the minimum needed to maintain the integrity of the program. Further measures to simplify reporting for small businesses do not appear prudent or necessary. 12 5( d) Collection Schedule Information submitted by OEMs is collected only at the beginning and at the end of their participation in the program. At the beginning, they notify EPA of their participation in the program, if they wish to. At the end of the program, they must submit their calculations ( no later than December 31 of the final year in which they use the allowances).

Engine manufacturers, however, need to submit their reports every year.

6. Estimating the Burden and Cost of the Collection Refer to Table 1 and 2 for details.

6( a) Estimating Respondent Burden Burden estimates were taken from the previous ICR and adjusted to reflect comments from fewer than 10 respondents consulted by EPA.

All burden estimates, including those associated with onetime preparations were annualized.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs To estimate labor costs, EPA used the Bureau of Labor Statistics' National Industry specific Occupational Wage Estimates ( May 2003) for the Engine and Turbines Industry ( SIC 351) and increased by a factor of 2.1 to account for benefits and overhead. The specific rates used are listed below. These are mean hourly rates. 13 Table 3 Labor Costs Estimates Occupation SOC Code Number Mean Hourly Rate ( BLS) 110%

Mechanical Engineers 17 2141 $ 30.61 $ 64.28 Engineering Managers 11 9041 $ 46.17 $ 96.96 Lawyers 23 1011 $ 51.83 $ 108.84 Secretaries, Except Legal, Medical and Executive 43 6014 $ 14.79 $ 31.06 ( ii) Estimating Capital and Operations and Maintenance ( O& M) Costs Operation and maintenance costs associated with TPEM include phone calls, photocopying, postage expenses and diskettes. Diskettes may be used by manufacturers to keep their records.

No capital costs are associated with participation in this program.

( iii) Capital/ Start up vs. Operating and Maintenance Costs There are no capital or start up costs associated with this ICR. O& M costs are discussed in section 6( b)( ii).

( iv) Annualizing capital costs There are no capital costs associated with this ICR.

6( c) Estimating Agency Burden 14 Table 4 explain EPA's overall burden associated with the programs contained in this information collection.

Table 5 summarizes EPA's labor costs associated with this information collection. These costs are based on 2004 hourly wage rates obtained from the Office of Personnel Management and adjusted by a factor of 1.6 to account for benefits and overhead.

Table 5 Agency Labor Costs Occupation Hourly Rate 160%

Environmental Protection Specialist ( GS 13/ 3) $ 38.01 $ 60.82 Lawyers ( GS 13/ 7) $ 41.46 $ 66.34 Managers ( GS 15) $ 48.03 $ 76.85 SES 1 $ 84.47 $ 135.15 EPA estimates that it will conduct 45 audits in the next three years ( 15 per year) on equipment manufacturers to ensure compliance. O& M costs for these audits include an average of $ 75 per company in phone calls, faxes, mail and other expenses and two trips at a cost of $ 650 each, annualized.

Other O& M costs include phone calls, faxes, postage, diskettes to store information and other expenses incurred in contacting respondents and costs associated with distribution of the fact sheet and other written guidance.

6( d) Estimating the Respondent Universe and Total Burden and Costs Since OEMs are not required to notify EPA of their participation in the program, it is difficult to assess the actual number of respondents at this point. To date, EPA can only document less than 100 equipment manufacturers 15 participating. However, EPA estimates there may be as many as 200 OEMs participating in any given year.

Currently, the majority of TPEM participants are selling equipment outfitted with engines rated below 37 kW. Within the next three years, most of these OEMs will cease participation as the seven year period comes to an end. However, since TPEM becomes available for a new category of engines ( engines rated between 35 kW and 75 kW) and a new TPEM cycle will start in 2008 with Tier 4 standards, EPA estimates that it is reasonable to estimate TPEM participation at 200 OEMs within the next three years. Since OEMs only need to submit reports once, within one year after they finish their participation, reporting estimates have been annualized.

Currently, EPA is receiving TPEM production reports from 8 engine manufacturers. Since TPEM becomes available for a new category of engines ( engines rated between 35 kW and 75 kW), EPA has estimated that 5 new manufacturers will begin making reports, for a total of 13.

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally Number of Respondents: 213 Number of Activities: 12 Total Hours Per Year: 17,069 Total Labor Cost Per Year: $ 842,753 Total Annual Capital Costs: 0 Total Annual O& M Costs: $ 5,829 Total Costs: $ 848,582 16 ( ii) The Agency Tally Number of Respondents: 213 Number of Activities: 9 Total Hours Per Year: 11,310 Total Labor Cost Per Year: $ 66,830 Total Annual Capital Costs: 0 Total Annual O& M Costs: $ 15,110 Total Costs: $ 375,839 6( f) Reasons for change in burden Burden estimates have decreased by 49,578 hours ( from 66,647 hours on the previous ICR to 17,069 in this renewal) due to a sharp reduction in the estimated number of respondents. In the previous ICR, EPA estimated that 548 OEMs and engine manufacturers would respond to this collection. Experience during the last three years lead us to review that estimate down to 213. Therefore, this change in burden is due to an Adjustment.

6( g) Burden Statement The average annual burden associated with participation in the Transition Program for Equipment Manufacturers is of 80.5 hours per equipment manufacturer and 74.5 hours per engine manufacturer.

These estimates include time to review applicable regulations and guidance documents, generate and gather the necessary information, submit applications and reports, and maintain records.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to, or for a federal EPA. This includes the time needed to review instructions; develop, acquire, install, 17 and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An EPA 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 EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OAR 2004 0058, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OAR 2004 0058 and OMB Control Number 2060 0369 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29333-29334]
[FR Doc No: 2011-12384]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2011-0127]

Pipeline Safety: Meetings of the Technical Pipeline Safety
Standards Committee and the Technical Hazardous Liquid Pipeline Safety
Standards Committee

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of advisory committee meetings and request for comments.

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SUMMARY: PHMSA announces meetings of the Technical Pipeline Safety
Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline
Safety Standards Committee (THLPSSC) and the creation of a subcommittee
to assist PHMSA in the preparation of a pipeline safety report to the
nation. PHMSA will host a series of meetings with a newly formed
subcommittee to review and consider information gathered in response to
the U.S. Department of Transportation's and PHMSA's action plan and
information related to a recent pipeline safety forum. PHMSA is also
requesting general public comments including comments on a report
titled, ``The State of the National Pipeline Infrastructure--A
Preliminary Report.''

DATES: Comments on ``The State of the National Pipeline
Infrastructure--A Preliminary Report'' must be received on or before
July 13, 2011, to be considered by the subcommittee members prior to
submission of their draft recommendations to the parent committees. For
the meeting schedule see SUPPLEMENTARY INFORMATION.
    Attendees should register for the June 15 and August 2-3 meetings
in advance at: http://primis.phmsa.dot.gov/meetings/. On-site
registration for each meeting will be available 30 minutes prior to the
meeting start time. The meetings will not be webcast; however,
presentations will be available on the meeting Web site and posted in
the E-Gov Web site http://www.regulations.gov under docket number
PHMSA-2011-0127 within 30 days following the meeting.

ADDRESSES: The meeting locations and any new information or changes
will be posted on the PHMSA/Office of Pipeline Safety ``Pipeline Safety
Awareness'' Web page (http://opsweb.phmsa.dot.gov/pipelineforum/ pipelineforum/) 15
days before the meeting takes place.
    Comments may be submitted to the docket in the following ways:
    E-Gov Web Site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Room W12-
140, Washington, DC 20590-001.
    Hand Delivery: Room W12-140 on the ground level of the U.S.
Department of Transportation, West Building, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Instructions: Identify the docket number PHMSA-2011-0127 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Comments will also be placed on forum Web
site at http://opsweb.phmsa.dot.gov/pipelineforum/. Therefore, you may
want to review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477) or view the Privacy
Notice at http://www.regulations.gov before submitting any such
comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the U.S. Department of Transportation, West
Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2011-0127.'' The Docket Clerk
will date-stamp the postcard prior to returning it to you via the U.S.
mail. Please note that due to delays in the delivery of U.S. mail to
Federal offices in Washington, DC, we recommend that persons consider
an alternative method (Internet, fax, or professional delivery service)
of submitting comments to the docket and ensuring their timely receipt
at DOT.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities, or to seek special assistance at the meeting, please
contact Cheryl Whetsel at<PHONE_NUMBER> by June 1, 2011.

FOR FURTHER INFORMATION CONTACT:
     Technical Advisory Committee Meeting Details: Cheryl
Whetsel<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>

     Report to the Nation on Pipeline Safety: Linda Daugherty
202-366-4595 or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Following several major pipeline accidents, the Secretary of
Transportation issued a ``Call to Action'' and held a pipeline safety
forum to engage pipeline safety experts, researchers, industry
representatives, state partners, other Federal agency officials, and
members of the public to identify actions to address America's pipeline
transportation infrastructure. In response to the ``Call to Action,''
the U.S. Department of Transportation and PHMSA published a report
titled: ``State of the National Pipeline Infrastructure--Preliminary
Report'' and launched a Web site, http://opsweb.phmsa.dot.gov/pipelineforum/, for public engagement and regular reporting to the
public. This Web site includes information such as ongoing pipeline
rehabilitation, replacement and repair initiatives along with all
forum-related comments. PHMSA continues to invite comments on the
Preliminary Report in addition to any other ideas that may be relevant
to pipeline safety. Comments should be submitted in accordance with the
instructions detailed under ADDRESSES. Following the forum, a
subcommittee of the TPSSC and THLPSSC was established to work with
PHMSA staff to assist in the creation of a pipeline safety report to
the nation. The subcommittee is made up of six members, three each from
the TPSSC and THLPSSC, with equal representation from government,
industry, and the public. At the joint advisory committee meeting in
August, the subcommittee will present its recommendations and a draft
of the pipeline safety report to the nation for the joint committees'
review and deliberation.

II. Committee Background

    The TPSSC and THLPSSC are statutorily mandated advisory committees
that advise PHMSA on proposed safety standards, risk assessments, and
safety policies for natural gas pipelines and for hazardous liquid
pipelines. Both committees were established under the Federal Advisory
Committee Act (Pub. L. 92-463, 5 U.S.C. App. 1) and the pipeline safety
law (49 U.S.C. Chap. 601). Each committee consists of 15 members--with
membership evenly divided among the Federal and state government, the
regulated industry, and the public. The committees advise PHMSA on the
technical feasibility, practicability, and cost-effectiveness of each
proposed pipeline safety standard and provide feedback on policy
matters.

III. Public Participation and Meeting Schedule

    Members of the public may make a statement during the public
committee meetings. Statements previously submitted to forum should not
be repeated. If you intend to make a statement, please notify the
relevant contact under FOR FURTHER INFORMATION CONTACT at least 15 days
prior to the meeting date. The meetings' presiding officer may deny a
nonscheduled request to make a statement and may also limit the time of
any speaker.
    The public is encouraged to attend the subcommittee kick-off
meeting and the joint Advisory Committee meetings. The dates are as
follows:
    1. June 15, 2011, 9 a.m. to 4 p.m., subcommittee kick-off meeting,
Washington, DC. The agenda includes an introduction of the subcommittee
and discussion of the subcommittee's task. This meeting will provide
the public an opportunity to participate in an exchange of ideas and
recommendations, including a discussion of the report outline, prior to
the subcommittee's preparatory meetings.
    2. August 2-3, 2011, 9 a.m. to 5 p.m., TPSSC and THLPSSC joint
public meeting, Washington, DC. The agenda will include an overview of
the subcommittee's deliberations and summary of the draft final report.
    The subcommittee will conduct preparatory work on the following
dates:
    1. June 16, 2011, 9 a.m. to 4 p.m., subcommittee preparatory
meeting, Washington, DC.
    2. July 13-14, 2011, 9 a.m. to 4 p.m., subcommittee preparatory
meeting, Washington, DC.
    Meetings scheduled on June 16, July 13-14 are work meetings; public
statements will be heard at the June 15, August 2-3 meetings.

    Authority: 49 U.S.C. 60102, 60115; 60118.

    Issued in Washington, DC, on May 16, 2011.
Linda Daugherty,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2011-12384 Filed 5-19-11; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1095-1098]
[FR Doc No: 2012-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66087; File No. SR-Phlx-2011-182]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the PHLX Market Exhaust Functionality

January 3, 2012.
    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 December 22, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend Exchange Rule 1082, Firm Quotations,
by modifying Exchange Rule 1082(a)(ii)(B)(4), Market Exhaust, to
reflect the Exchange's discontinuation of the Market Exhaust
functionality (hereinafter, ``Market Exhaust''), a feature of the
Exchange's PHLX XL[supreg] automated options trading system.\3\
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    \3\ This proposal refers to ``PHLX XL'' as the Exchange's
automated options trading system. In May 2009 the Exchange enhanced
the system and adopted corresponding rules referring to the system
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The
Exchange intends to submit a separate technical proposed rule change
that would change all references to the system from ``Phlx XL II''
to ``PHLX XL'' for branding purposes.
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    The Exchange also proposes to amend Exchange Rule 1080 by deleting
a reference to ``Market Exhaust'' from Rule 1080(c).
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to reflect in the
Exchange rules the discontinuation of the PHLX XL Market Exhaust
functionality.
    In June, 2009, the Exchange added several significant enhancements
to its automated options trading platform (now known as PHLX XL), and
adopted rules to reflect those enhancements.\4\ As part of the system
enhancements, the Exchange proposed, among other things, Market
Exhaust, which is defined below. Several elements of Market Exhaust
have been part of a pilot (the ``pilot'') which was originally
scheduled to expire November 30, 2009, and later extended through
September 30, 2010.\5\ The Exchange subsequently modified the pilot to
address the manner in which the PHLX XL system disseminates quotes
during and after the Market Exhaust process.\6\ That modification was
implemented on a pilot basis, scheduled to expire November 30, 2010,\7\
and the pilot was then extended through March 31, 2011.\8\ The pilot
was then extended through July 31, 2011,\9\ November 30, 2011,\10\ and
its current expiration date of February 29, 2012.\11\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \5\ See Securities Exchange Act Release No. 60951 (November 6,
2009), 74 FR 59275 (November 17, 2009) (SR-Phlx-2009-95).
    \6\ See Securities Exchange Act Release No. 63024 (September 30,
2010), 75 FR 61799 (October 6, 2010) (SR-Phlx-2010-134).
    \7\ Id.
    \8\ See Securities Exchange Act Release No. 63350 (November 19,
2010), 75 FR 73150 (November 29, 2010) (SR-Phlx-2010-156).
    \9\ See Securities Exchange Act Release No. 64056 (March 8,
2011), 76 FR 13678 (March 14, 2011) (SR-Phlx-2011-29).
    \10\ See Securities Exchange Act Release No. 64833 (July 7,
2011), 76 FR 41317 (July 13, 2011) (SR-Phlx-2011-95).
    \11\ See Securities Exchange Act Release No. 65670 (November 2,
2011), 76 FR 69308 (November 8, 2011) (SR-Phlx-2011-144).
---------------------------------------------------------------------------

Market Exhaust Functionality
    The PHLX XL system initiates Market Exhaust when there are no PHLX
XL participant quotations in the Exchange's disseminated market for a
particular series and an initiating order in the series is
received.\12\ The PHLX XL system initiates a ``Market Exhaust Auction''
for the initiating order, and then goes through a series of steps
depending on the market conditions present for the affected series,
including a broadcast to PHLX XL participants, execution of all or part
of the initiating order, routing the initiating order (or remaining
contracts following execution) to better priced away markets, and a
``Provisional Auction,'' after which any unexecuted contracts from the
initiating order will be subject to, and not executable outside of, an
Auction Quote Range (``AQR''). During the Provisional Auction, any
unexecuted contracts from the initiating order are displayed in the
Exchange quote for the remaining size for a brief period not to exceed
ten seconds and subsequently cancelled back to the entering participant
if they remain unexecuted, unless the member that submitted the
original order has instructed the Exchange in writing to re-enter the
remaining size, in which case the remaining size will be automatically
submitted as a new order.
---------------------------------------------------------------------------

    \12\ See Exchange Rule 1082(a)(ii)(B)(4).
---------------------------------------------------------------------------

Discontinuation of Market Exhaust
    The Exchange proposes to discontinue the application of Market
Exhaust on PHLX XL. The Exchange has determined that Market Exhaust has
only affected a small number of orders, given the specific set of
circumstances that must occur in order for Market Exhaust to be
initiated. Market Exhaust, which was originally intended to protect
against erroneous executions when there are no participant quotes on
the Exchange, may actually result in a customer missing the opportunity
to access liquidity present on the order book and/or on other exchanges
while their order is involved in the Market Exhaust process. Once
Market Exhaust is discontinued on the Exchange, orders received when
there are no PHLX XL participant quotations in the Exchange's
disseminated market for the affected series will be handled in
accordance with existing Exchange rules regarding electronic order
entry, execution, routing, trade reporting, and firm quotations.\13\
---------------------------------------------------------------------------

    \13\ See, e.g., Exchange Rules 1014, 1051, 1080, and 1082.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1082(a)(ii)(B)(4) by adopting
Rule 1082(a)(ii)(B)(4)(a), which would state that, if there are no
offers both on the Exchange and on away markets in the affected series,
market orders to buy in the affected series will be cancelled
immediately, and an electronic report of such cancellation will be
transmitted to the sender. The Exchange would cancel such a market
order because in this rare circumstance there would be no disseminated
market on the Exchange and no disseminated market on any away market
against which such market order could be routed and executed, and there
would be no price at which the Exchange could place such a market order
on the Exchange's limit order book.
    Upon the discontinuation of Market Exhaust, orders that would have
been handled under Market Exhaust will be handled according to Exchange
rules that address specific market conditions. Proposed Rule
1082(a)(ii)(B)(4)(b) would address the PHLX XL system's functionality
in the circumstance where there are no offers on the Exchange and there
are offers on away markets in the affected series. In such a
circumstance,

market orders to buy will be handled pursuant to Exchange Rule
1080(m).\14\
---------------------------------------------------------------------------

    \14\ Rule 1080(m), Order Routing, describes the PHLX XL
functionality by which eligible orders are routed to away markets
for possible execution.
---------------------------------------------------------------------------

    Proposed Rule 1082(a)(ii)(B)(4)(c) would address the PHLX XL
system's functionality in the circumstance where there are no bids or a
zero priced bid on the Exchange and there are no bids on away markets
in the affected series. In such a circumstance, the Exchange will
disseminate a bid price of zero, and market orders to sell will be
handled pursuant to Exchange Rule 1080(i).\15\
---------------------------------------------------------------------------

    \15\ Rule 1080(i) states that the system will convert market
orders to sell a particular option series to limit orders to sell
with a limit price of the minimum trading increment applicable to
such series that are received when: (A) For options listed only on
the Exchange: (1) The Exchange's disseminated bid price in such
option series is zero; and (2) the Exchange's disseminated quotation
in the series has a bid/ask differential less than or equal to
$0.25; or (B) For options that are listed on multiple exchanges: (1)
The disseminated NBBO includes a bid price of zero in the series;
and (2) the Exchange's disseminated quotation in the series has a
bid/ask differential less than or equal to $0.25. Such orders will
be automatically placed on the limit order book in price-time
priority.
---------------------------------------------------------------------------

    Proposed Rule 1082(a)(ii)(B)(4)(d) would address the PHLX XL
system's functionality in the circumstance where there are no bids or a
zero priced bid on the Exchange and there are bids on away markets in
the affected series. In such a circumstance, market orders to sell will
be handled pursuant to Exchange Rule 1080(m).
    The Exchange believes that the proposed rule change benefits
customers and the marketplace as a whole by simplifying the order
handling process and enabling customers to immediately access posted
liquidity on the Exchange and away markets even when there may not be
PHLX participant quotes present.\16\
---------------------------------------------------------------------------

    \16\ Additionally, the Exchange notes that the deletion of the
rules concerning Market Exhaust effects consistency between the
rules and the PHLX XL functionality in compliance with the Act.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Exchange Rule 1080 by deleting
a reference to ``Market Exhaust'' from Rule 1080(c).
    The Exchange will complete the discontinuation of the Market
Exhaust functionality on or before January 31, 2012.\17\
---------------------------------------------------------------------------

    \17\ The Exchange will issue a circular to membership describing
the discontinuation of Market Exhaust prior to the effectiveness of
such discontinuation.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \18\ in general, and furthers the objectives of Section
6(b)(5) of the Act \19\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed
discontinuation of Market Exhaust protects investors and the public
interest by ensuring that customers have the opportunity to access
liquidity present on the order book and/or on other exchanges quickly,
instead of foregoing such opportunity while their order is involved in
the Market Exhaust process. In the rare set of circumstances that give
rise to Market Exhaust, investors should continue to receive quality
executions on PHLX and at away markets (following routing if
appropriate).
    Moreover, the proposed discontinuation of Market Exhaust removes
impediments and perfects the mechanism of a free and open market and a
national market system by expediting the PHLX execution, routing and
trade reporting process, all to the benefit of the markets as a whole.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    No written comments were either solicited or received.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \20\ and Rule 19b-4(f)(6) \21\
thereunder.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-182 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-Phlx-2011-182. 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 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 offices 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-Phlx-2011-182, and should be submitted on or before
January 30, 2012.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-101 Filed 1-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Proposed Rules]
[Page 78258-78260]
[DOCID:fr22de08-28]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0841, FRL-8755-5]

Approval and Promulgation of Implementation Plans; New Jersey;
Nitrogen Oxides Budget and Allowance Trading Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to New Jersey's State Implementation Plan (SIP)
submitted on November 3, 2008. The proposed SIP revision includes a
regulation that allows for continuation of New Jersey's statewide
nitrogen oxides (NOX) budget and NOX allowance
trading program beyond the year 2008. New Jersey's program began in
2003 for large electric generating units and industrial sources. The
intended effect of this proposed SIP revision is to allow the
continuation of the State's program to reduce emissions of
NOX in order to help attain the national ambient air quality
standard for ozone. EPA is proposing this action pursuant to section
110 of the Clean Air Act.

DATES: Written comments must be received on or before January 21, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2008-0841, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2008-0841. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New
York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing to take?
II. Why is EPA proposing this action?
III. When did New Jersey submit the proposed SIP revision to EPA and
what did it include?
IV. What guidance did EPA use to evaluate New Jersey's proposed SIP
revision?
V. What is the result of EPA's evaluation of New Jersey's proposed
SIP revision?
VI. What is New Jersey's NOX Budget Program?
VII. Proposed Action
VIII. Administrative Requirements

I. What action is EPA proposing to take?

    EPA is proposing to approve a revision to New Jersey's ground level
ozone SIP which New Jersey submitted on November 3, 2008, which was
published in the New Jersey Register on November 17, 2008. The proposed
SIP revision includes an amended regulation, New Jersey Administrative
Code (N.J.A.C.) 7:27-31 (Subchapter 31), ``NOX Budget
Program.'' New Jersey amended Subchapter 31 to allow the continuation
of New Jersey's NOX Budget Program beyond December 31, 2008.
EPA proposes that New Jersey's submittal is fully approvable as a SIP
strengthening measure for New Jersey's ground level ozone SIP and EPA
has determined that it meets EPA guidance and the air quality
objectives of the Clean Air Act (the Act).
    This revision is being proposed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrently with
the State's procedures for amending its regulations. If the State's
proposed revision is substantially changed when it submits its final
rule, EPA will evaluate those changes and may publish another notice of
proposed rulemaking. If no substantial changes are made, EPA will
publish a final rulemaking on the revisions. The final rulemaking
action by EPA will occur only after the proposed SIP revision has been
adopted by New Jersey and submitted formally to EPA for incorporation
into the SIP.

II. Why is EPA proposing this action?

    EPA is proposing this action in order to:
     Approve the continuation of a control program which
reduces NOX emissions, a precursor to ozone, and which
therefore helps to achieve the national ambient air quality standard
for ozone,
     Fulfill New Jersey's and EPA's requirements under the Act,
     Allow federal enforceability and SIP credit to continue
for New Jersey's NOX Budget Program,
     Give the public an opportunity to submit written comments
on EPA's action, as discussed above in the Dates and Addresses
sections.

III. When did New Jersey submit the proposed SIP revision to EPA and
what did it include?

    New Jersey submitted the amended Subchapter 31 to EPA on November
3, 2008. New Jersey's proposed SIP revision repeals N.J.A.C. 7:27-
31.23, the expiration of the State's NOX Budget Program.
N.J.A.C. 7:27-31.23 currently provides that the NOX Budget
Program would cease to exist beyond December 31, 2008, and provides for
reconciliation in the event a source has insufficient NOX
Budget allowances to meet its obligation at the end of the program.
Therefore, upon New Jersey's adoption, and EPA approval, of the amended
Subchapter 31, N.J.A.C. 7:27-31.23 will no longer apply and New
Jersey's NOX Budget Program will continue to apply to
NOX Budget sources as of the control period beginning in
2009 and any control period thereafter.

IV. What guidance did EPA use to evaluate New Jersey's proposed SIP
revision?

    To evaluate New Jersey's proposed SIP revision, EPA relied on
information contained in a letter, dated September 2, 2008, from Robert
J. Meyers, EPA's Principal Deputy Assistant Administrator, addressed to
Lisa P. Jackson, Commissioner of the New Jersey Department of
Environmental Protection. The reader may view this guidance document at
http://www.regulations.gov, as discussed above in the Docket section.

V. What is the result of EPA's evaluation of New Jersey's proposed SIP
revision?

    EPA has evaluated New Jersey's proposed SIP revision submittal and
proposes to find it approvable. New Jersey's proposed SIP revision is
consistent with EPA's September 2, 2008 letter which asks New Jersey to
reinstate the NOX Budget Program before May 1, 2009. The
November 3, 2008 submittal will enable New Jersey to continue its
NOX Budget Program beyond December 31, 2008 requiring
affected sources to reduce NOX emissions during the ozone
season control period of 2009 and beyond, thereby helping New Jersey to
attain the national ambient air quality standard for ozone.

VI. What is New Jersey's NOX Budget Program?

    In response to EPA's 1998 NOX SIP Call regulation, New
Jersey amended Subchapter 31, ``NOX Budget Program.'' With
Subchapter 31, New Jersey established a NOX cap and
allowance trading program for the ozone season (May 1 through September
30). New Jersey developed the regulation in order to reduce
NOX emissions and allow its sources to participate in EPA's
interstate NOX allowance trading program described in Sec.
51.121(b)(2). Subchapter 31 establishes a statewide NOX
emissions cap of 8200 tons during the ozone season for all affected
sources. Subchapter 31 applies to all electric generating units with
nameplate electricity generating capacities greater than 15 megaWatts
that sell any amount of electricity as well as any non-electric
generating units that have a heat input capacity greater than 250
million BTUs per hour.
    For further details concerning New Jersey's NOX Budget
Program refer to EPA's proposed rule 65 FR 71278 (November 30, 2000),
and a corrected proposed rule 65 FR 77695 (December 12, 2000) and EPA's
final rulemaking 66 FR 28063 (May 22, 2001) approving Subchapter 31.

VII. Proposed Action

    EPA has reviewed New Jersey's November 3, 2008 SIP submittal and
finds it approvable. Therefore, EPA proposes approval of the revised
Subchapter 31 into the New Jersey SIP at this time.

VIII. Administrative Requirements

Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

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

    Dated: December 10, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
 [FR Doc. E8-30378 Filed 12-19-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53566-53569]
[FR Doc No: 2023-16882]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98043; File No. SR-NYSEARCA-2023-51]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

August 2, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on July 31, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule
(``Fee Schedule'') regarding the Limit of Fees on Options Strategy
Executions (the ``Strategy Cap''). The Exchange proposes to implement
the fee change effective August 1, 2023. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to add dividend strategies to the
list of strategy executions eligible for the Strategy Cap. The Exchange
proposes to implement the rule change on August 1, 2023.
    Currently, the Strategy Cap provides for a $1,000 cap on
transaction fees for strategy executions involving (a) reversals and
conversions, (b) box spreads, (c) short stock interest spreads, (d)
merger spreads, and (e) jelly rolls.\4\ The Strategy Cap applies to
each strategy execution executed in standard option contracts on the
same trading day. In addition, the cap is reduced to $200 on
transactions fees for qualifying strategies traded on the same trading
day for those OTP Holders that trade at least 25,000 monthly billable
contract sides in qualifying strategy executions.
---------------------------------------------------------------------------

    \4\ See Fee Schedule, LIMIT OF FEES ON OPTIONS STRATEGY
EXECUTIONS and Endnote 10 (defining strategies eligible for the
Strategy Cap).
---------------------------------------------------------------------------

    The Exchange now proposes to modify the Strategy Cap to add
dividend strategies as item (f) in the list of strategy executions
eligible for the cap (and to make non-substantive conforming changes to
include an item (f) in such list). The Exchange also proposes that
dividend strategies would be included among the strategies that
contribute to an OTP Holder's qualification for the lower cap of $200.
Finally, the Exchange proposes to modify Endnote 10 of the Fee Schedule
to add subparagraph (f) defining a dividend strategy as transactions
done to achieve a dividend arbitrage involving the purchase, sale, and
exercise of in-the-money options of the same class, executed the first
business day prior to the date on which the underlying stock goes ex-
dividend.
    The Exchange notes that other options exchanges currently offer
similar caps on strategy trades that include dividend strategies.\5\
Although the Exchange cannot predict with certainty whether the
proposed change would encourage OTP Holders to increase their dividend
strategy executions, the proposed change is intended to encourage
additional dividend strategy executions on the Exchange by including
them in the strategies eligible for the Strategy Cap (including the
lower cap for qualifying OTP Holders).
---------------------------------------------------------------------------

    \5\ See, e.g., BOX Options Fee Schedule, Section V.D. (Strategy
QOO Order Fee Cap and Rebate), available at: https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-July-3-2023.pdf;
Nasdaq PHLX LLC Options 7, Section 4, available at: https://listingcenter.nasdaq.com/rulebook/phlx/rules/Phlx%20Options%207.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\9\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity and ETF options order flow.
More specifically, in June 2023, the Exchange had less than 13% market
share of executed volume of multiply-listed equity and ETF options
trades.\10\
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    \9\ The OCC publishes options and futures volume in a variety of
formats, including daily and monthly volume by exchange, available
here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \10\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
see id., the Exchange's market share in equity-based options
remained the same at 12.23% for the month of June 2022 and 12.23%
for the month of June 2023.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise,
modifications to exchange transaction fees can have a direct effect on
the ability of an exchange to compete for order flow.
    The Exchange believes the proposed change is reasonable because it
is designed to encourage OTP Holders to increase their dividend
strategies executed on the Exchange by including dividend strategies
among the strategy executions eligible for the Strategy Cap. The
Exchange also believes the proposed change could incent OTP Holders to
execute and aggregate dividend strategy orders as well as other types
of strategy orders at NYSE Arca as a primary execution venue.
    To the extent the proposed change attracts greater volume and
liquidity, the Exchange believes the proposed change would improve the
Exchange's overall competitiveness and strengthen its market quality
for all market participants. In the backdrop of the competitive
environment in which the Exchange operates, the proposed rule change is
a reasonable attempt by the Exchange to increase the depth of its
market and improve its market share relative to its competitors. The
Exchange's fees are constrained by intermarket competition, as OTP
Holders may direct their order flow to any of the 16 options exchanges,
including those with similar caps on strategy executions, including
dividend strategies.\11\ Thus, OTP Holders have a choice of where they
direct their order flow, including their strategy executions. The
proposed rule change is designed to incent OTP Holders to direct
liquidity, and specifically dividend strategies, to the Exchange,
thereby promoting market depth and enhancing order execution
opportunities for market participants.
---------------------------------------------------------------------------

    \11\ See note 5, supra.
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The Proposed Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposed change is based on the
amount and type of business transacted on the Exchange, and OTP Holders
can opt to avail themselves of the Strategy Cap or not. In addition,
the modified Strategy Cap, as proposed, would continue to be available
to all OTP Holders that direct strategy executions, including dividend
strategies, to the Exchange. Moreover,

the proposal is designed to continue to encourage OTP Holders to
aggregate strategy executions at the Exchange as a primary execution
venue. To the extent that the proposed change attracts more dividend
strategies to the Exchange, this increased order flow would continue to
make the Exchange a more competitive venue for order execution. Thus,
the Exchange believes the proposed rule change would improve market
quality for all market participants on the Exchange and, as a
consequence, attract more order flow to the Exchange, thereby improving
marked-wide quality and price discovery.
The Proposed Change Is Not Unfairly Discriminatory
    The Exchange believes the proposed change is not unfairly
discriminatory because the proposed modification of the Strategy Cap
would apply to all similarly-situated market participants on an equal
and non-discriminatory basis. The proposal is based on the amount and
type of business transacted on the Exchange, and OTP Holders are not
obligated to try to achieve the Strategy Cap, nor are they obligated to
execute any dividend strategies. Rather, the proposal is designed to
encourage OTP Holders to increase their dividend strategy executions
and to utilize the Exchange as a primary trading venue for all strategy
executions (if they have not done so previously). To the extent that
the proposed change attracts more strategy executions (and, in
particular, dividend strategy executions) to the Exchange, this
increased order flow would continue to make the Exchange a more
competitive venue for, among other things, order execution. Thus, the
Exchange believes the proposed rule change would improve market quality
for all market participants on the Exchange and, as a consequence,
attract more order flow to the Exchange thereby improving market-wide
quality and price discovery. The resulting increased volume and
liquidity would provide more trading opportunities to all market
participants and thus would promote just and equitable principles of
trade, 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.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed change would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \12\
---------------------------------------------------------------------------

    \12\ See Reg NMS Adopting Release, supra note 8, at 37499.
---------------------------------------------------------------------------

Intramarket Competition
    The Exchange does not believe the proposed change would impose any
burden on intramarket competition that is not necessary or appropriate.
The proposed change is designed to incent OTP Holders to direct their
dividend strategy orders to the Exchange and could also encourage OTP
Holders to continue to aggregate all strategy executions on the
Exchange to qualify for the Strategy Cap. Greater liquidity benefits
all market participants on the Exchange, and order flow from increased
strategy executions could improve market quality for all market
participants on the Exchange. In addition, the Strategy Cap, modified
as proposed to include dividend strategies, would continue to be
available to all similarly situated market participants and thus would
not impose a disparate burden on competition.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\13\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity and ETF options order flow. More specifically,
in June 2023, the Exchange had less than 13% market share of executed
volume of multiply-listed equity and ETF options trades.\14\
---------------------------------------------------------------------------

    \13\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \14\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
see id., the Exchange's market share in equity-based options was
12.23% for the month of June 2022 and 12.23% for the month of June
2023.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees in a
manner designed to continue to incent OTP Holders to direct trading
interest (in particular, dividend strategy executions) to the Exchange,
to provide liquidity and to attract order flow. To the extent OTP
Holders continue to be incentivized to aggregate strategy executions on
the Exchange as a primary trading venue, all of the Exchange's market
participants should benefit from the improved market quality and
increased opportunities for order execution. The Exchange also believes
that the proposed change could promote competition between the Exchange
and other execution venues, as other competing options exchanges
currently offer a similar fee cap for strategy orders, including
dividend strategies.\15\
---------------------------------------------------------------------------

    \15\ See note 5, supra.
---------------------------------------------------------------------------

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \16\ of the Act and subparagraph (f)(2) of Rule
19b-4 \17\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \18\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSEARCA-2023-51 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-NYSEARCA-2023-51. 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 website (https://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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEARCA-2023-51 and should
be submitted on or before August 29, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-16882 Filed 8-7-23; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:As an individual whose health has been improved by the use of e-cigs, I would like to request an extension of the comment period set forth by the FDA. Please & Thank You.


[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]
[Page 73229-73230]
[DOCID:fr09de05-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9185-009]

Flambeau Hydro, LLC; Notice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

December 2, 2005.
    Take notice that the following hydroelectric license application
has been filed with the Commission and is available for public
inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: P-9185-009.
    c. Date Filed: April 1, 2005.
    d. Applicant: Flambeau Hydro, LLC.
    e. Name of Project: Clam River Hydroelectric Project.
    f. Location: Located on the Clam River in Burnett County,
Wisconsin. This project does not occupy federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Scott Klabunde, North American Hydro, Inc.,
P.O. Box 167, Neshkoro, WI 54960;<PHONE_NUMBER> ext. 14.
    i. FERC Contact: Patrick Murphy,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from issuance date of this
notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    Comments, recommendations, terms and conditions, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See CFR 385.2001
(a)(1)(iii) and the instructions on the Commission's Web site (http://www.ferc.gov
) under the ``eFiling'' link.

    k. This application has been accepted, and is ready for
environmental analysis at this time.
    l. The existing Clam River Project consists of: (1) A 46-foot-high
buttress-type concrete dam with a 54-foot-wide spillway with four
sections, (three sections equipped with 8-inch-high stoplogs, and one
section equipped with a 4-foot-high slide gate); (2) 898-foot-long and
223-foot-long earthen dike connecting the left side and the right side
of the concrete dam, respectively; (3) a 360-acre reservoir with a net
storage capacity of 3,575 acre-feet at a normal water surface elevation
of 898.6 feet mean sea level (msl); (4) two powerhouses built into the
dam, containing three 400-kW turbine generating units with a total
installed capacity of 1,200 kilowatt (kW); (5) a 100-foot-long, 2.4-kW
transmission line; and (6) appurtenant facilities. The dam and existing
project facilities are owned by Flambeau Hydro, LLC.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``e-Library''

link. Enter the docket number excluding the last three digits in the

docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h. above.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS'', ``TERMS AND
CONDITIONS'', or ``PRESCRIPTIONS''; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions, or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/esubscribenow.htm
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Procedural schedule: The Commission staff proposes to issue an
Environmental Assessment (EA) rather than issuing a draft and final EA.
Staff intends to allow at least 30 days for entities to comment on the
EA, and will take into consideration all comments received on the EA
before final action is taken on the license application. The
application will be processed according to the following schedule, but
revisions to the schedule may be made as appropriate:
    Issue Notice of availability of the EA: March 31, 2006.
    Ready for Commission decision on the application: May 30, 2006.
    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7142 Filed 12-8-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55828-55829]
[DOCID:fr26se08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 77-212]

Pacific Gas and Electric Company; Notice of Application for
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

September 19, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of license (for proposed long-
term frost protection and late fall irrigation plan).
    b. Project No.: 77-212.
    c. Date Filed: August 26, 2008.
    d. Applicant: Pacific Gas and Electric Company (licensee).
    e. Name of Project: Potter Valley Hydroelectric Project.
    f. Location: On the Eel River and East Branch Russian River in Lake
and Mendocino counties, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Richard J. Doble, Senior License
Coordinator, Pacific Gas and Electric Company, P.O. Box No. 770000, San
Francisco, CA 94177;<PHONE_NUMBER>.
    i. FERC Contact: CarLisa Linton-Peters, telephone<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protests
is November 4, 2008.
    Please include the project number (P-77) on any comments or motions
filed. All documents (an original and eight copies) must be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Motions to intervene, protests, comments and recommendations may be
filed electronically via the Internet in lieu of paper filings, see 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-filing'' link. The Commission
strongly encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Pacific Gas and Electric Company
(licensee) is requesting that its license for the Potter Valley Project
be amended to allow the licensee to implement its proposed plan to
provide long-term frost protection and late fall irrigation water for
commercial crops in the Potter Valley area. The proposed plan was
required

by Commission Order Granting Temporary Amendment of License Article 52,
issued March 13, 2008. Implementation of the proposed plan would
require modifications to license article 52 which includes the
Reasonable and Prudent Alternative of the National Marine Fisheries
Service Biological Opinion, approved and made a part of the license by
Order Amending License, issued January 28, 2004.
    l. Location of the Application: A copy of the filing is available
for inspection and reproduction at the Commission's Public Reference
Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426,
or by calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's Web site at http://ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. You may also register online at
http://www.ferc.gov/docsfiling/esubscription.asp to be notified via e-
mail of new filings and issuances related to this or other pending
projects. For assistance, call toll-free at 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>or for TTY, call<PHONE_NUMBER>. A copy of
this filing is also available for inspection and reproduction at the
address listed in item (h) above.
    m. Mailing list: Individuals desiring to be included on the
Commission's mailing list should so indicate by writing to the
Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application (see item (j)
above).
    o. Any filing must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', ``MOTION TO INTERVENE'', or
``RECOMMENDATIONS'', as applicable, and the Project Number of the
particular application to which the filing refers.
    p. Agency Comments: Federal, State, and local agencies are
encouraged and invited to file comments on the described application. A
copy of the application may be obtained by agencies directly from the
Applicant. If an agency does not file comments within the time
specified for filing comments (see item (j) above), it will be presumed
to have no comments. One copy of an agency's comments must also be sent
to the Applicant's representatives.
    q. Comments, protests and motions of intervention may be filed
electronically via the Internet in lieu of paper filings. See 18 CFR
385.20019(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-22626 Filed 9-25-08; 8:45 am]

BILLING CODE 6717-01-P