PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA/ Office of Air and Radiation 2. OMB control number b. G None a 2060 0275 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. x Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. x Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Regulation of Fuels and Fuel Additives: Detergent Gasoline ( 40 CFR part 80, subpart G) ( Renewal)

8. Agency form number( s) ( If applicable) 1655.05 9. Keywords Gasoline, detergent additives, blenders 10. Abstract The Clean Air Act requires gasoline to contain detergent additives. Certification requirements for detergent manufacturers are at 40 CFR part 80, subpart G, and require reporting certain information to the Agency. There are recordkeeping requirements for blenders of detergents into gasoline to ensure that effective concentrations are used.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 1376 b. Total annual responses 69,538 1. Percentage of these responses collected electronically 0 % c. Total hours requested 221,808 d. Current OMB inventory 223,008 e. Difference ( 1,200) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 1,200) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 205 c. Total annualized cost requested 205 d. Current OMB inventory 536 e. Difference ( 331) f. Explanation of difference 1. Program change 0 2. Adjustment ( 331)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. X Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: James W. Caldwell Phone: 202 343 9303 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63887-63892]
[FR Doc No: 2013-24864]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2012-0410; FRL 9901-65-Region 7]

Approval and Promulgation of Implementation Plans; Approval and
Promulgation of State Air Quality Plans for Designated Facilities and
Pollutants, State of Iowa; Control of Emissions From Existing Hospital/
Medical/Infectious Waste Incinerator Units, Negative Declaration and
111(d) Plan Rescission; Approval and Promulgation of Operating Permits
Program, State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving, through direct final rulemaking, revisions
to the State of Iowa's State Implementation Plan (SIP), Title V
program, and Clean Air Act (CAA) section 111(d) plan. The purpose of
these revisions is to make general updates to existing state air
quality rules, approve an exemption from constructing permitting for
engines used in periodic pipeline testing, approve changes to state
rules regarding regional haze requirements, and to approve adoption of
Federal regulations including the National Ambient Air Quality
Standards (NAAQS) for 2008 Ozone, 2008 Lead, and 2010 Nitrogen Dioxide.
EPA is approving the SIP

provisions pursuant to section 110 of the CAA.
    EPA is also taking direct final action to approve a Hospital
Medical Infectious Waste Incinerators (HMIWI) section 111(d) negative
declaration from the State of Iowa which certifies that HMIWIs, subject
to the requirements of sections 111(d) and 129 of the CAA, do not exist
in the State; and approving the rescission of its section 111(d)/129
plan and emission guidelines for HMIWI units. EPA is approving these
actions pursuant to section 111 of the CAA.
    EPA is also approving two minor administrative changes to the Title
V program, pursuant to section 500 of the CAA.

DATES: This rule is effective December 24, 2013, without further
notice, unless EPA receives adverse comment by November 25, 2013. If
EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0410, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Blvd.,
Lenexa, KS, 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0410. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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
form. Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Blvd., Lenexa, KS, 66219. The Regional Office's official
hours of business are Monday through Friday, 8:00 to 4:30 excluding
Federal holidays. The interested persons wanting to examine these
documents should make an appointment with the office at least 24 hours
in advance.

FOR FURTHER INFORMATION CONTACT: Michael Jay at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ''us,'' or
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. What part 52 revisions are being approved by EPA?
III. What part 62 revisions are being approved by EPA?
IV. What part 70 revisions are being approved by EPA?
V. What final action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    On March 7, 2008, EPA Region 7 received a submission from the Iowa
Department of Natural Resources (IDNR) requesting revisions to Iowa's
Federally-approved SIP. These revisions made changes to Chapter 22,
``Controlling Pollution,'' of the Iowa Administrative Code (IAC),
promulgated by the Iowa Environmental Protection Commission (EPC). EPA
took action on a portion of this plan submittal on June 26, 2012; \1\
EPA is taking direct final action on remaining portions of this
submittal in today's action.
---------------------------------------------------------------------------

    \1\ 77 FR 38006.
---------------------------------------------------------------------------

    On January 11, 2010, EPA Region 7 received a submission from IDNR
requesting revisions to Iowa's Federally-approved SIP and Title V
program including changes to Chapter 20, ``Scope of Title--
Definitions--Forms--Rules of Practice,'' Chapter 22, ``Controlling
Pollution,'' Chapter 23, ``Emission Standards for Contaminants,''
Chapter 25, ``Measurement of Emissions,'' Chapter 28, ``Ambient Air
Quality Standards,'' and Chapter 33, ``Special Regulations and
Construction Permit Requirements for Major Stationary Sources--
Prevention of Significant Deterioration (PSD) of Air Quality.'' EPA is
taking direct final action to approve revisions to these chapters in
today's action. Also included in the submittal were revisions to
Chapter 23, ``Emission Standards for Contaminants,'' which we are not
acting on today, and will address in a separate action.
    On March 1, 2011, EPA Region 7 received a submittal from the IDNR
requesting revisions to Iowa's Federally-approved SIP and 111(d) plan,
including changes to Chapter 24, ``Excess Emissions,'' Chapter 28,
``Ambient Air Quality Standards,'' and changes to Chapter 23,
``Emission Standards.'' EPA is taking direct final action to approve
these changes in today's action.

II. What part 52 revisions are being approved by EPA?

    EPA is approving changes to Chapter 22.9 related to the State's
plan for Regional Haze. EPA took final action on the State's Regional
Haze plan on June 26, 2012 (77 FR 38006), but inadvertently failed to
act on changes to the state rules. These changes include adding
definitions for Best Available Retrofit Technology (BART), deciview,
and mandatory Class I area, as well as establishing procedures for how
IDNR will notify source owners or operators about BART status, and
establishing provisions for how IDNR may request a BART analysis from
sources.
    EPA is approving changes to the definitions of Volatile Organic
Compounds (VOCs) in Chapter 20 and 33. These changes update the state
rules to make them consistent with the Federal definitions as of
January 21, 2009.
    EPA is approving changes to several chapters which update the zip
code for the IDNR Air Quality Bureau Offices. The offices remain in the
current location; however, a ZIP code change for the current location
took effect on July 1, 2009.

    EPA is approving an exemption from construction permitting in
Chapter 22.1 for certain temporary diesel engines used in periodic
testing and maintenance of natural gas pipelines. The exemption
contains conditions to ensure that engine emissions will not exceed the
emission limits currently allowed under the State's small unit
exemption.
    EPA is approving changes to Chapter 24 which allow for initial
reports of excess emissions to be made via electronic mail (email).
Facility owners and operators are still allowed to make initial reports
in person or by telephone. Owners or operators must still follow up
their initial report with a written, hard-copy report.
    EPA is approving minor changes to IDNR's stack testing
notifications and test protocols in Chapter 25.1 which clarify IDNR's
procedures.
    EPA is approving Iowa's amendments to Chapter 28, to include the
adoption by reference of the NAAQS for 2008 Ozone \2\, 2008 Lead \3\,
and 2010 Nitrogen Dioxide \4\ into Iowa's Federally-approved SIP.
States are not required to adopt ambient air quality standards, but are
required to implement the standards adopted by EPA pursuant to section
110 of the CAA. Iowa has adopted standards which are consistent with
the EPA standards, and therefore this revision to update the state
standards is approvable.
---------------------------------------------------------------------------

    \2\ 73 FR 16436, March 27, 2008.
    \3\ 73 FR 66964, November 12, 2008.
    \4\ 75 FR 6474, February 9, 2010.
---------------------------------------------------------------------------

III. What part 62 revisions are being approved by EPA?

    Section 111(d) of the CAA requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of the same
type, and EPA has established emission guidelines for such existing
sources. A designated pollutant is any pollutant for which no air
quality criteria have been issued, and which is not included on a list
published under section 108(a) or section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a standard of performance for new
stationary sources.
    EPA originally promulgated emission guidelines for existing HMIWI
in 1997, in accordance with sections 111 and 129 of the Act. EPA
codified revised regulations at 40 CFR part 60, subpart Ce. A HMIWI
unit as defined in 40 CFR 60.51c is any device that combusts any amount
of hospital waste and/or medical/infectious waste. Under section
129(b)(2) of the Act and the revised guidelines at subpart Ce, states
with subject sources must submit to EPA plans that implement the
Emission Guidelines.
    Subpart B of 40 CFR part 60 establishes procedures to be followed
and requirements to be met in the development and submission of state
plans for controlling designated pollutants. 40 CFR part 62 provides
the procedural framework for the submission of these plans. As
aforementioned, when designated facilities are located in a state, a
state must develop and submit a plan for the control of the designated
pollutant.
    However, 40 CFR 62.06 provides that if there are no existing
sources of the designated pollutant in the state, the state may submit
a letter of certification to that effect, or negative declaration, in
lieu of a plan. The negative declaration exempts the state from the
requirement to develop a plan meeting the requirements of subpart Ce.
    The State of Iowa HMIWI plan and related state rule were approved
by EPA on June 17, 1999, and codified in 40 CFR Part 62, subpart Q. (64
FR 32427) Since that time, the two designated incinerator facilities in
Iowa subject to the plan have been dismantled, according to
documentation submitted by IDNR.
    Therefore, on March 1, 2011, EPA received a submittal from IDNR
requesting EPA approval of a negative declaration for HMIWI and
requesting EPA to approve Iowa's revocation of the prior 111(d) plan
for HMIWI units in Iowa. The state submittal included supplemental
documentation about the dismantling and removal of the previously-
affected HMIWI, the name of each designated facility that has been
permanently shutdown, and the year it was dismantled.
    Pursuant to the authority of Iowa Code section 455B.133, the Iowa
Environmental Protection Commission amended the 111(d) plan to remove
the emission guidelines for existing HMIWI in Chapter 23, ``Emission
Standards for Contaminants,'' paragraph 23.1 (5) ``b'' of the Iowa
Administrative Code. EPA requested that Iowa verify that amendments to
EPA's original 1997 HMIWI requirements finalized in 2009 and 2011 did
not affect Iowa's negative declaration (74 FR 51367 and 76 FR 18407).
IDNR submitted documentation on May 28, 2013, reaffirming that these
amendments to the rule did not impact their negative declaration that
determined no units within the state are subject to the emissions
guidelines of HMIWI. EPA is approving the rescission of the emission
guidelines and 111 (d) plan for existing HMIWI.

IV. What part 70 revisions are being approved by EPA?

    EPA is approving two changes to IDNR's Title V program. One change
is the updating of the Air Quality Bureau's zip code, as previously
stated; the other is to approve a change to the requirements for
submitting a Title V operating permit application. Facility owners or
operators submitting electronic applications are no longer required to
also submit a hard copy application to EPA Region 7, as EPA now has
access to IDNR's Title V database, which allows EPA to review
electronic copies of applications.
    For clarification, the revision to remove the requirement that
facilities submit a hard copy application to EPA does not pertain or
otherwise interfere with the independent obligations the state is
responsible for under the Cross-Media Electronic Reporting Rule
(CROMERR) found at 40 CFR Part 3. As stated in 74 FR 68692, EPA is not
acting on the revision to Iowa Administrative Code 567-22.105(1) that
allows facility owners or operators to submit an electronic Title V
operating permit application until the State obtains approval from EPA
that its electronic document receiving system is consistent with
CROMERR.

V. What final action is EPA taking?

    EPA is taking final action to approve changes to Chapter 22.9
related to the State's plan for Regional Haze.
    EPA is taking final action to approve changes to the definitions of
Volatile Organic Compounds (VOCs) in Chapter 20 and 33.
    EPA is taking final action to approve changes to several chapters
which update the zip code for the IDNR Air Quality Bureau Offices.
    EPA is taking final action to approve an exemption from
construction permitting in Chapter 22.1 for certain temporary diesel
engines used in periodic testing and maintenance of natural gas
pipelines.
    EPA is taking final action to approve changes to Chapter 24 which
allow for initial reports of excess emissions to be made via email.
    EPA is taking final action to approve minor changes to IDNR's stack
testing notifications and test protocols in Chapter 25.1.
    EPA is taking final action to approve amendments to Chapter 28, to
include the adoption by reference of the NAAQS for 2008 Ozone, 2008
Lead, and 2010 Nitrogen Dioxide into Iowa's Federally-approved SIP.

    EPA is taking final action to amend Iowa's 111(d) plan for HMIWI
units to: (1) approve Iowa's negative declaration and (2) approve
Iowa's revocation of the 111(d) plan for HMIWI units in Iowa. However,
if an affected Iowa HMIWI unit is discovered in the State of Iowa in
the future, all the requirements of the Federal plan (including
revisions or amendments), part 62, subpart HHH, will be applicable to
the affected unit, until Iowa adopts and EPA approves a new plan to
address such unit.
    EPA is taking final action to approve two changes to IDNR's Title V
program, updating of the Air Quality Bureau's zip code, and removing
the requirement to submit a hard-copy application to EPA Region 7.
    EPA is processing these actions in a direct final action because
the revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

VI. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law.
    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
    For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
This action also merely approves a state negative declaration as
meeting Federal requirements and imposes no additional requirements.
The State's negative determination is a determination that there are no
sources in the State subject to the emission guidelines; therefore, a
111(d) plan is not needed.
    Accordingly, the Administrator certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves a state negative declaration, withdrawal of
prior 111(d) plan, and approves pre-existing requirements under state
law, and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and approves a negative declaration and 111(d) plan
revocation, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA.
    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. Additionally, in reviewing section
111(d)/129 plan submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. In this context, in
the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), EPA has no authority to disapprove
a 111(d)/129 plan submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a 111(d)/129
plan submission, to use VCS in place of a 111(d)/129 plan submission
that otherwise satisfies the provisions of the CAA. The requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.
    This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) because it approves state rules
implementing Federal standards and a state negative declaration as
required by Federal regulations. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 24, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
    Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final

rule, so that EPA can withdraw this direct final rule and address the
comment in the final rulemaking.
    This action, including the SIP revisions and approval of the State
of Iowa section 111(d)/129 negative declaration and rescission of the
HMIWI plan may not be challenged later in proceedings to enforce its
requirements (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Lead, Nitrogen dioxide.

40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfur acid plants, Waste treatment and disposal.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.

    Dated: September 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
    40 CFR Parts 52, 62, and 70 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. Section 52.820 table in paragraph (c) is amended by revising the
entries for ``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.3'',
``567-22.9'', ``567-22.203'', ``567-22.209'', ``567-22.300'', ``567-
23.1'', ``567-24.1'', ``567-25.1'', ``567-28.1'', and ``567-33.3'' to
read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
      Iowa citation               Title          effective date    EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                        Chapter 20--Scope of Title--Definitions--Forms--Rule of Practice
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-20.2................  Definitions..........        11/11/09  10/25/13 [insert
                                                                  Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].
567-20.3................  Air Quality Forms            11/11/09  10/25/13 [insert
                           Generally.                             Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................  Permits required for         11/11/09  10/25/13 [insert
                           New or Existing                        Federal Register
                           Stationary Source.                     page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
567-22.3................  Issuing Permits......        11/11/09  10/25/13 [insert
                                                                  Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
567-22.9................  Special Requirements         11/11/09  10/25/13 [insert
                           for Visibility                         Federal Register
                           Protection.                            page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
567-22.203..............  Voluntary Operating          11/11/09  10/25/13 [insert
                           Permit Applications.                   Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
567-22.209..............  Change of Ownership          11/11/09  10/25/13 [insert
                           for Facilities With                    Federal Register
                           Voluntary Operating                    page number where
                           Permits.                               the document
                                                                  begins].

                                                  * * * * * * *
567-22.300..............  Operating Permit by          11/11/09  10/25/13 [insert
                           Rule for Small                         Federal Register
                           Sources.                               page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1................  Emission Standards...        11/24/10  10/25/13 [insert
                                                                  Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 24--Excess Emissions
----------------------------------------------------------------------------------------------------------------
567-24.1................  Excess Emission              11/24/10  10/25/13 [insert
                           Reporting.                             Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................  Testing and Sampling         11/11/09  10/25/13 [insert
                           of New and Existing                    Federal Register
                           Equipment.                             page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1................  Statewide Standards..        11/24/10  10/25/13 [insert
                                                                  Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-33.3................  Purpose..............        11/11/09  10/25/13 [insert
                                                                  Federal Register
                                                                  page number where
                                                                  the document
                                                                  begins].

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

* * * * *

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
3. The authority citation for part 62 continues to read as follows:

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

Subpart Q--Iowa

0
4. Section 62.3914 is revised to read as follows:

Sec.  62.3914  Identification of plan--negative declaration.

    (a) Identification of plan--negative declaration. Letter from the
Iowa Department of Natural Resources, submitted March 1, 2011,
certifying that there are no Hospital Medical Infectious Waste
Incinerators subject to 40 CFR part 60, subpart Ce of this chapter.
Submission included a negative declaration, supporting state
documentation, and request for EPA withdrawal of EPA's prior plan
approval for HMIWI Units.
    (b) Effective date. The effective date of the negative declaration
and EPA withdrawal of the prior plan approval is December 24, 2013.

PART 70--STATE OPERATING PERMIT PROGRAMS

0
5. The authority citation for part 70 continues to read as follows:

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

0
6. Appendix A to Part 70 is amended by adding paragraph (n) under
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Program

* * * * *

Iowa

* * * * *
    (n) The Iowa Department of Natural Resources submitted for
program approval a revision to 567-22.105(1) on January 11, 2010.
The State effective date was November 11, 2009. These revisions to
the Iowa program, are approved effective December 24, 2013.
* * * * *
[FR Doc. 2013-24864 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62855-62857]
[DOCID:fr01de09-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61057; File No. SR-FINRA-2009-075]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Amend the
Postponement Fee and Hearing Session Fee Rules of the Code of
Arbitration Procedure for Customer and Industry Disputes

November 24, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 4, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by FINRA.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    FINRA Dispute Resolution is proposing to amend Rules 12601(b) and
12902(a) of the Code of Arbitration Procedure for Customer Disputes
(``Customer Code'') and Rules 13601(b) and 13902(a) of the Code of
Arbitration Procedure for Industry Disputes (``Industry Code'') to
clarify the applicability of the fee waiver provision of the
postponement rule and to codify the hearing session fee for an
unspecified damages claim heard by one arbitrator.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    FINRA is proposing to amend the rules of the Customer Code and the
Industry Code (collectively, the ``Codes'') that address the fee waiver
provision of the postponement rule and the hearing session fee for one
arbitrator in an unspecified damages claim. First, FINRA is proposing
to amend Rules 12601(b)(3) and 13601(b)(3) of the Codes, hereinafter
referred to as the fee waiver provision of the postponement rule, to
clarify that the late postponement fee will not be waived if parties
request a postponement within three business days before the scheduled
hearing session. Second, the proposal would amend Rules 12902(a)(1) and
13902(a)(1) of the Codes to codify FINRA's current practice of charging
$450 per hearing session for an unspecified damages claim heard by one
arbitrator. Each proposal is discussed separately below.\3\
---------------------------------------------------------------------------

    \3\ To simplify the explanation, the discussion will focus on
the proposed amendments to the Customer Code. However, the
explanation and rationale apply to the same rules of the Industry
Code, which, in this case, are identical to the rules of the
Customer Code.
---------------------------------------------------------------------------

Amendment to Fee Waiver Provision of Postponement Rule
    The Codes require arbitration hearings to be postponed if the
parties agree.\4\ Hearings may also be postponed by the Director of
FINRA Dispute Resolution (``Director''), by the panel in its own
discretion, or by the panel on a motion of a party.\5\ If a hearing is
postponed, the arbitration panel will assess a postponement fee against
one or more of the parties, which is typically equivalent to the
applicable hearing session fee that would have been assessed had the
hearing been held.\6\
---------------------------------------------------------------------------

    \4\ See Rules 12601(a)(1) and 13601(a)(1).
    \5\ See Rules 12601(a)(2) and 13601(a)(2).
    \6\ See Rules 12601(b)(1) and 13601(b)(1).
---------------------------------------------------------------------------

    There are instances, however, in which a postponement fee is not
assessed against the parties. Under Rule 12601(b)(3) of the Customer
Code, for example, staff will not charge parties a postponement fee if
they agree to submit the matter to mediation at FINRA.\7\ Thus, if the
parties agree to mediation administered through FINRA, the Director
will waive the postponement fee. This provision does not apply to late
postponement fees.
---------------------------------------------------------------------------

    \7\ See also Rule 13601(b)(3) of the Industry Code.
---------------------------------------------------------------------------

    Nevertheless, FINRA has received complaints from arbitrators that
parties are using the fee waiver provision in connection with an
agreement to mediate through FINRA to avoid paying a late postponement
fee. If parties request and are granted a hearing postponement within
three business days of a scheduled hearing session (i.e., a late
postponement request), the Director will assess a postponement fee of
$100 per arbitrator.\8\ Parties who make this late postponement request
contend that, if they agree to mediate their dispute through FINRA,
they should not be assessed the $100 late postponement fee, because
Rule 12601(b)(3) waives the postponement fee if the parties agree to
mediate through FINRA.
---------------------------------------------------------------------------

    \8\ See Rules 12601(b)(2) and 13601(b)(2).
---------------------------------------------------------------------------

    FINRA did not intend Rule 12601(b)(3) to be applied this way.\9\
Parties who make late postponement requests should be charged the $100
late postponement fee, regardless of their intent to mediate through
FINRA. FINRA is therefore proposing to amend Rule 12601(b)(3) to state
that no postponement fee will be charged if a hearing is postponed
because the parties agree to submit the matter to mediation
administered through FINRA, except that the parties shall pay the
additional fees described in Rule 12601(b)(2) for late postponement
requests.\10\
---------------------------------------------------------------------------

    \9\ See supra note 6.
    \10\ The proposal would amend Rule 13601(b)(3) of the Industry
Code with the same proposed language.
---------------------------------------------------------------------------

    FINRA believes the proposed amendment will ensure that arbitrators
continue to receive some compensation in the event a scheduled hearing
is postponed because of a late postponement request, and will continue
to serve as an incentive to parties to settle their disputes earlier to
avoid additional fees.
Amendment to the Hearing Session Fee for One Arbitrator in Unspecified
Damages Claim
    In FINRA's arbitration forum, if the parties and the arbitrator(s)
meet to discuss the issues giving rise to the arbitration dispute, the
meeting is called a ``hearing session.'' \11\ The Customer Code
authorizes FINRA to assess hearing session fees against the parties for
each hearing session.\12\ The total

amount charged to the parties for each hearing session is based on the
amount in dispute.\13\ For claims that do not request or specify money
damages (i.e., an unspecified damages claim), however, Rule 12902(a)(2)
gives the Director the discretion to determine the amount of the
hearing session fee, except that the fee cannot exceed $1,200.\14\
---------------------------------------------------------------------------

    \11\ A hearing session can either be an arbitration hearing or a
prehearing conference. Rule 12100(n) of the Customer Code and Rule
13100(n) of the Industry Code.
    \12\ See Rule 12902(a)(1). See also Rule 13902(a)(1) of the
Industry Code.
    \13\ Id.
    \14\ See also Rule 13902(a)(2) of the Industry Code.
---------------------------------------------------------------------------

    Currently, under the Customer Code, the hearing session fee charged
for each hearing session in an unspecified damages claim heard by three
arbitrators is $1,000.\15\ However, for an unspecified damages claim
heard by one arbitrator, the rules list the hearing session fee as not
applicable (``N/A'').\16\ Thus, FINRA is proposing to amend Rule
12902(a)(1) to change the current amount for an unspecified damages
claim heard by one arbitrator from ``N/A'' to $450.\17\
---------------------------------------------------------------------------

    \15\ For hearing sessions involving three arbitrators in which
parties request damages ranging from $25,000.01 to over $500,000,
the amount for each hearing session can range from $600 to $1200.
See supra note 11.
    \16\ Id.
    \17\ The proposal would amend Rule 13902(a)(1) of the Industry
Code with the same proposed language.
---------------------------------------------------------------------------

    FINRA's current practice is to charge parties $450 per hearing
session for an unspecified damages claim heard by one arbitrator, even
though the Code gives the Director the discretion to determine the
amount of the hearing session fee for an unspecified damages claim. The
Director charges this amount currently because it is the same amount
assessed for hearing sessions heard by one arbitrator in which parties
request damages ranging from $10,000.01 to over $500,000, and thus
provides case administration with a uniform fee structure that is easy
to apply. So, for example, under current practice and the proposed
rule, if the parties agree to a single arbitrator in a case involving
unspecified damages,\18\ the Director would assess the $450 hearing
session fee.\19\ FINRA believes the proposal would benefit parties by
notifying them of the potential costs at the outset of an unspecified
damages case heard by one arbitrator, thereby providing more
transparency in FINRA's fee structure. The proposal would also ensure
consistent assessment of fees in its arbitration forum and would
enhance the efficiency of the forum by making the rules easier to apply
and understand.
---------------------------------------------------------------------------

    \18\ See Rule 12401(c) of the Customer Code and Rule 13401(c) of
the Industry Code.
    \19\ The proposed hearing session fee would also apply, for
example, if the chairperson conducts a prehearing conference in a
claim for unspecified damages.
---------------------------------------------------------------------------

    Moreover, FINRA believes that codifying its current practice of
charging $450 per hearing session for an unspecified damages claim
heard by one arbitrator would not represent an increase in customer
fees, because the proposed single arbitrator fee is the same as the
current fee for any specific claim over $10,000. Further, FINRA notes
that, even though the proposal would codify a fee for an unspecified
damages claim heard by one arbitrator, the Code would continue to
authorize the Director to determine whether the hearing session fee for
an unspecified damages claim should be more or less than the amount
specified in the fee schedule of the rule.\20\ Thus, the proposal would
not change FINRA's practice of reducing or waiving its fees in
documented cases of financial hardship.
---------------------------------------------------------------------------

    \20\ See Rules 12902(a)(2) and 13902(a)(2).
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\21\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes the proposed rule change will preserve
fairness in the arbitration process by ensuring that arbitrators
receive some compensation in the event that a scheduled hearing session
is postponed as a result of a late postponement request, and will
enhance the efficiency of the forum by making the rules easier to apply
and understand.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-075 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-FINRA-2009-075. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. 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 the File Number SR-FINRA-2009-075 and

should be submitted on or before December 22, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28618 Filed 11-30-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Page 6842]
[FR Doc No: 2019-03469]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85181; File No. SR-CboeBZX-2018-066]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Deemed Approval of a Proposed Rule Change To Permit the Listing and
Trading of P.M.-Settled Series on Certain Broad-Based Index Options on
a Pilot Basis

February 22, 2019.
    On October 11, 2018, Cboe BZX Exchange, Inc. filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to permit the
listing and trading of P.M.-settled series on certain broad-based index
options on a pilot basis.
---------------------------------------------------------------------------

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

    The proposed rule change was published for comment in the Federal
Register on October 30, 2018.\3\ On December 13, 2018, pursuant to
Section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ The Commission received no
comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 84480 (Oct. 24,
2018), 83 FR 54635.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 84816, 83 FR 65194
(Dec. 19, 2018). The Commission designated January 28, 2019, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
---------------------------------------------------------------------------

    As of January 28, 2019, pursuant to Section 19(b)(2)(D) of the
Act,\6\ the proposed rule change (SR-CboeBZX-2018-066) was deemed to
have been approved by the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(D).
    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03469 Filed 2-27-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2578-2579]
[DOCID:fr15ja09-89]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI09-3-000]

Spaur Ranch; Notice of Declaration of Intention and Soliciting
Comments, Protests, and/or Motions To Intervene

January 8, 2009.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI09-3-000.
    c. Date Filed: December 18, 2008.
    d. Applicant: Spaur Ranch.
    e. Name of Project: Spaur Ranch Microhydro Project.
    f. Location: The proposed Spaur Ranch Microhydro Project will be
located on West End Ditch, in Wallowa County, near the town of Wallowa,
Oregon.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Ben Henson, Renewable Energy Solutions LLC,
78514 Redmond Grade, Enterprise, OR 97828; Telephone:<PHONE_NUMBER>;
Fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: February
9, 2009.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC 20426. Comments, protests, and/or
interventions may be filed electronically via the Internet in lieu of
paper. Any questions, please contact the Secretary's Office. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov under the ``e-Filing'' link.
    Please include the docket number (DI09-3-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed Spaur Ranch Microhydro
Project will include: (1) An existing 800-yard-long, 15-inch-diameter
pipe that reduces to a 600-foot-long, 10-inch-diameter pipe, conveying
water from the West Side Irrigation Ditch into an existing building
containing a 11-kW pelton wheel turbine; (2) a short tailrace,
conveying the water back into the irrigation canal; and (3) appurtenant
facilities. The power from the proposed project will be net metered,
connected to the interstate grid through Pacific Power. The proposed
project will not occupy any tribal or Federal lands.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link, select ``Docket'' and follow the
instructions. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', and/
or ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, State, and local agencies are 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, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-706 Filed 1-14-09; 8:45 am]

BILLING CODE 6717-01-P