[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5155]
[DOCID:fr29ja09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-29-000]

NorthWestern Corporation; Notice of Filing

January 22, 2009.
    Take notice that on January 15, 2009, NorthWestern Corporation
(NorthWestern) filed a Petition for Declaratory Order requesting that
the Commission approve NorthWestern's open season process for its
contemplated Collector Project and grant certain requested waivers to
effectuate the open season.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 17, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1909 Filed 1-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Rules and Regulations]
[Pages 1471-1475]
[FR Doc No: 2015-00079]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0163; FRL-9921-19-Region 7]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for the state of Iowa.
The purpose of these revisions is to update the Polk County Board of
Health Rules and Regulations, Chapter V, Air Pollution. The revisions
reflect updates to the Iowa statewide rules previously approved by EPA
and will ensure consistency between the applicable local agency rules
and Federally-approved rules. On April 15, 2014, the state notified EPA
that it is withdrawing their request to approve greenhouse gases
definition as relating to greenhouse gas emissions. This withdrawal
request is in recognition of the July 12, 2013, U.S. Court of Appeals
for the District of Columbia decision which vacated the regulation
known as the ``biogenic deferral rule.'' On October 31, 2014, the state
requested that EPA withdraw their request to approve the definition of
anaerobic lagoon.

DATES: This direct final rule will be effective March 13, 2015 without
further notice, unless EPA receives adverse comment by February 11,
2015. 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-2014-0163, 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<EMAIL_ADDRESS>Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0163. 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 in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding legal 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: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of revisions to the
local agency's rules and regulations, chapter V, ``Air Pollution,'' as
a revision to the SIP. In order for the local program's ``Air
Pollution'' rules to be incorporated into the Federally-enforceable
SIP, on behalf of the local agency, the state must submit the formally
adopted regulations and control strategies, which are consistent with
the state and Federal requirements, to EPA for inclusion in the SIP.
The regulation adoption process generally includes public notice, a
public comment period and a public hearing, and formal adoption of the
rule by the state authorized rulemaking body. In this case, that
rulemaking body is the local agency. After the local agency formally
adopts the rule, the local agency submits the rulemaking to the state,
and then the state submits the rulemaking to EPA for consideration for
formal action (inclusion of the rulemaking into the SIP). EPA must
provide public notice and seek additional public comment regarding the
proposed Federal action on the state's submission.
    EPA received the request from the state to adopt revisions to the
local air agency rules into the SIP on September 20, 2013. The
revisions were adopted by the local agency on July 30, 2013, and became
effective on August 5, 2013. EPA is approving the requested revisions
to the Iowa SIP relating to the following:
     Article I. In General, Section 5-1. Purpose and Ambient
Air Quality Standards;
     Article I. In General, Section 5-2. Definitions;
     Article II. Authority, Section 5-3. Duties of Health
Officer;
     Article II. Authority, Section 5-4. Powers of Health
Officer;
     Article III. Incinerator and Open Burning, Section 5-7.
Open Burning Prohibited;
     Article VII. Performance Test for Stack Emission Test,
Section 5-18. Testing and Sampling of New and Existing Equipment;
     Article X. Permits, Division 1. Construction Permits,
Section 5-31. Issuance of Permit;
     Article X. Permits, Division 1. Construction Permits,
Section 5-33. Exemptions from Permit Requirements;
     Article X. Permits, Division 1. Construction Permits,
Section 5-34. Construction Permit Filing/Review Fees;
     Article X. Permits, Division 1. Construction Permits,
Section 5-35.1. Annual/Operating Permit Fees;
     Article X. Permits, Division 2. Operating Permits, Section
5-39. Exemptions from Permit Requirement;
     Article X. Permits, Division 2. Operating Permits, Section
5-50. Evidence used in establishing that a violation has or is
occurring;
     Article XI. Compliance Schedules, Section 5-56. Compliance
Schedules Required;
     Article XI. Compliance Schedules, Section 5-57. Progress
Reports Required.
    EPA's action does not cover revisions to:
     Article I. In General, Section 5-2. Definitions; Anaerobic
Lagoon and Greenhouse Gases;
     Article III. Incineration and Open Burning, Section 5-
7(d), Variance Application;
     Article VI. Sections 5-16(n), (o), and (p) which pertain
to New Source Performance Standards (NSPS);
     Article VIII. which pertain to National Emission Standards
Hazardous Air Pollutants (NESHAPS);
     Article X. Permits, Division 1. Construction permits,
Section 5-35. Operating Permit Required.
    On April 15, 2014, the state amended their request and notified EPA
that it is withdrawing their requests to approve section 5-1 of article
I to adopt greenhouse gases definition and section 5-35(b)(5) of
article X relating to greenhouse gas emissions. This withdrawal request
is in recognition of the July 12, 2013 U.S. Court of Appeals for the
District of Columbia decision which vacated the regulation known as

the ``biogenic deferral rule'' (No. 11-1101 (D.C. Cir., July 12,
2013)). On October 31, 2014, the state requested that EPA withdraw
their request to approve the definition of anaerobic lagoon.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V.

III. What action is EPA taking?

    We are taking direct final action to approve the amendments to the
Polk County Board of Health Rules and Regulations, Chapter V, ``Air
Pollution.'' The local agency routinely revises its ``Air Pollution''
regulations to be consistent with the Federally-approved Iowa
Administrative Code. The state amended their request and notified EPA
that it is withdrawing their requests to approve section 5-1 of article
I to adopt greenhouse gases definition and section 5-35(b)(5) of
article X relating to greenhouse gas emissions. This withdrawal request
is in recognition of the July 12, 2013, U.S. Court of Appeals for the
District of Columbia decision which vacated the regulation known as the
``biogenic deferral rule'' (No. 11-1101 (D.C. Cir., July 12, 2013)). On
October 31, 2014, the state requested that EPA withdraw their request
to approve the definition of anaerobic lagoon.
    The local agency's ``Air Pollution'' rules are consistent with
state and Federal regulations and are revised as follows:
    Article I, section 5-1(c) is revised to cite the cross reference to
state-approved rules at (455B). Definitions are added to section 5-2 as
follows: Country grain elevator; Department; Director or his designee;
Emergency generator; Grain processing; Grain storage elevator, and
Maximum achievable control technology (MACT) floor. The definitions to
EPA reference method; Particulate matter, and Potential to emit are
revised.
    Article II, sections 5-3 and 5-4, addresses the duties and powers
of the health officer and is revised to change the term ``board of
health'' to ``health officer.''
    Article III addresses incineration and open burning, and is
reorganized to include the headings ``prohibition,'' ``burn permits,''
and ``exemptions.'' Section 5-7(b) ``burn permits'' is revised to
include an expanded explanation of training fires, and the conditions
that must be met to prior to conducting such a fire. Section 5-7(c)
``exemptions'' is revised to include the exemption of fireplaces or
grills, outdoor patio heaters, and recreational bonfires, fireplaces
and grills.
    Article VII, section 5-18 revises performance test for stack
emission test as it relates to new and existing equipment, and details
testing procedures. Reference methods are amended to reflect the most
current Federal revisions.
    Article X, division 1, Construction Permits, section 5-31 language
is revised to state each permit shall not be transferable from one
piece of equipment to another. A paragraph is added to provide detailed
information with regard to written notification prior to transferring
equipment to a new location.
    Article X, section 5-33, Exemptions from Permit Requirements amends
equipment used for cultivating land, harvesting crops, or raising
livestock other than anaerobic lagoons; incinerators and paint hook
burn-off ovens with a manufacturer's design capacity less than 25
pounds per hour; internal combustion engine burning exclusively natural
gas or propane with a brake horsepower rating of less than 100 measures
at the shaft; production welding, and new or modified welding operation
limitations for solder containing lead.
    The final revision in article X, division I, is in section 5-34,
Construction Permit filing/review fees, revises the accurate name of
the Air Quality Division and states that permit fees will become part
of the Air Quality Enterprise fund. A paragraph is being added to
describe the circumstances investigation fees are paid for work that
has commenced prior to obtaining a permit.
    Article X, Permits, division 2, Operating Permits, section 5-35.1,
Annual/Operating Permit Fees, removes the exemption for certain
applicants and accurately identifies who to pay fees to, as well as
stating the fees will become part of the Air Quality Enterprise fund.
    Article X, section 5-39, amends subparagraph (a)(1) which refers to
incinerators, and is revised to remove pyrolysis cleaning furnaces and
add paint hook burn-off ovens. Incinerators installed in a single
family dwelling is removed and a sentence is added to state that
combustible material shall not contain lead. Subparagraph (a)(43)
Production Welding, is revised to acceptable specifications for Gas
Metal Arc Welding to 12,500 pounds per year, and Shielded Metal Arc
Welding to 1,600 pounds per year. Subparagraph (a)(44) is amended to
add that new or modified welding operations will be limited to 37,000
pounds per year of lead-containing solder. Two new paragraphs are added
as exemptions at (a)(51), equipment used for cultivating land,
harvesting crops, or raising livestock other than anaerobic lagoons,
and (a)(52) internal combustion engine burning exclusively natural gas
or propane with a brake horsepower rating of less than 100 measures at
the shaft.
    Article X, section 5-50, is amended to add two new subsections. The
first subsection addresses methods of presumptively credible evidence
of whether a violation has occurred at a source that includes a
monitoring method approved for the source and incorporated in an
operating permit; compliance test methods, and, testing or monitoring
methods approved for the source in an issued construction permit. The
second subsection addresses presumptively credible testing, monitoring
or information-gathering methods that include any monitoring or testing
methods provided in the Polk County rules, or, other testing,
monitoring or information-gathering methods that produce information
comparable to that produced by any above.
    Article XI, Compliance Schedules, section 5-56, Compliance
Schedules Required is amended to clarify the time (30 days) in which
the health officer determines in writing that satisfactory progress
towards the elimination or prevention of air pollution is made.
Administrative changes are also made to this section.
    Article XI, section 5-57, is amended to make administrative changes
and to add that on the determination of unsatisfactory progress, the
health office may deny or suspend the compliance schedule and institute
appropriate legal proceedings to enforce this chapter (referring to
Polk County Board of Health Rules and Regulations, Chapter V, Air
Pollution). Additional information on the details of the Polk County
revisions, which are being approved, is found in the Technical Support
Document in the docket of this rulemaking.
    We are publishing this rule without a prior proposed rule because
we view this as a noncontroversial amendment and anticipate no adverse
comment because the revisions are largely administrative and consistent
with Federal regulations. However, in the ``Proposed Rules'' section of
this Federal Register, we are publishing a separate document that will
serve as the proposed rule to approve the SIP revision if adverse
comments are

received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.

IV. 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. For that reason, 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).
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 13, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. 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 this 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 proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Lead, Reporting and
recordkeeping requirements.

    Dated: December 19, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as set forth below:

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. In Sec.  52.820, the table in paragraph (c) is amended by revising
the entry for ``CHAPTER V'' 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]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                   Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V.......................  Polk County Board of        08/05/13  1/12/15 [Insert      Article I, Section
                                   Health Rules and                      Federal Register     5-2, definition of
                                   Regulations Air                       citation]            ``variance,''
                                   Pollution Chapter V                                        ``anaerobic
                                                                                lagoon,'' and
                                                                                ``greenhouse
                                                                                gases''; Article
                                                                                III, Incineration
                                                                                and Open Burning,
                                                                                Section 5-7(d)
                                                                                Variance
                                                                                Application;
                                                                                Article VI,
                                                                                Sections 5-16(n),
                                                                                (o) and (p);
                                                                                Article VIII;
                                                                                Article IX,
                                                                                Sections 5-27(3)
                                                                                and (4); Article
                                                                                X, Section 5-28,
                                                                                subsections (a)
                                                                                through (c), and
                                                                                Article X, Section
                                                                                5-35(b)(5);
                                                                                Article XIII; and
                                                                                Article XVI,
                                                                                Section 5-75 are
                                                                                not part of the
                                                                                SIP.
                                                                                Article VI, Section
                                                                                5-17, adopted by
                                                                                Polk County on 7/
                                                                                26/2011, is not
                                                                                part of the SIP,
                                                                                and the previously
                                                                                approved version
                                                                                of Article VI,
                                                                                Section 5-17
                                                                                remains part of
                                                                                the SIP.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-00079 Filed 1-9-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Page 7376]
[FR Doc No: 2021-01877]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2347-060]

Midwest Hydro, LLC; Notice of Application for Amendment of
License, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Application for non-capacity amendment of
license.
    b. Project No.: 2347-060.
    c. Date Filed: December 18, 2020.
    d. Licensee: Midwest Hydro, LLC.
    e. Name of Project: Janesville Central Hydroelectric Project.
    f. Location: The project is located on the Rock River, in the city
of Janesville, Rock County, Wisconsin.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: David Fox, Director of Licensing & Compliance,
Midwest Hydro, LLC, 116 N State Street, P.O. Box 167, Neshkoro, WI
54960-0167;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Chris Chaney,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions, and protests:
Deadline for filing comments, motions to intervene, and protests:
February 22, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852 The first page of any filing should include
docket number P-2347-060. Comments emailed to Commission staff are not
considered part of the Commission record.
    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.
    k. Description of Request: The applicant proposes to amend the run-
of-river reservoir operating range specified in Article 401 of the
license from between 768.8 and 769.4 feet National Geodetic Vertical
Datum (NGVD) to between 769.1 and 769.8 feet NGVD. The licensee will
continue operating in a run-of-river mode, and requests the change to
reduce the occurrence of deviations outside the allowable reservoir
operating range, and to help ensure the passing of the minimum flow
required under Article 402 of the license.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.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/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    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, respectively. 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 Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: January 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01877 Filed 1-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27885-27888]
[DOCID:fr17my07-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55739; File No. SR-NASDAQ-2007-049]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Trade Shares of the PowerShares DB G10 Currency Harvest
Fund Pursuant to Unlisted Trading Privileges

May 10, 2007.
    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 May 7, 2007, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
This notice and order provides notice of the proposed rule change and
approves the proposal on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to trade, pursuant to unlisted trading privileged
(``UTP''), shares (``Shares'') of the PowerShares DB G10 Currency
Harvest Fund (the ``Trust'' or ``Fund'').
    The text of the proposed rule change is available from Nasdaq's Web
site at nasdaq.complinet.com, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq is proposing to trade the Shares on a UTP basis. The Shares
are currently trading on Nasdaq on a three-month pilot basis.\3\
Approval of this filing will allow the Shares to continue to trade
after the expiration of the pilot. The Commission previously approved
the listing and trading of the Shares on the American Stock Exchange
(``Amex'').\4\ Nasdaq deems the Shares to be equity securities, thus
rendering trading in the Shares subject to Nasdaq's existing rules
governing the trading of equity securities, including Nasdaq Rule 4630.
The trading hours for the Shares on Nasdaq will be 9:30 a.m. to 4:15
p.m. Eastern Time (``ET'').
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    \3\ See Securities Exchange Act Release No. 55386 (March 2,
2007), 72 FR 10801 (March 9, 2007) (SR-NASDAQ-2007-016) (the ``Pilot
Order'').
    \4\ See Securities Exchange Act Release No. 54450 (September 14,
2006), 71 FR 55230 (September 21, 2006) (the ``Amex Order'').
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    The Shares represent beneficial ownership interests in the Fund's
net assets, consisting solely of the common units of beneficial
interests of the DB G10 Currency Harvest Master Fund (the ``Master
Fund''). The Master Fund is a statutory trust created under Delaware
law whose investment portfolio consists primarily of futures contracts
on the currencies comprising the Deutsche Bank G10 Currency Future
Harvest IndexTM (the ``DBCHI'' or ``Index'') and includes
cash and U.S. Treasury securities for margin purposes, and other high-
credit-quality short-term fixed income securities. Both the Fund and
the Master Fund are commodity pools operated by DB Commodity Services
LLC (the ``Managing Owner'').\5\
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    \5\ The Managing Owner is registered as a commodity pool
operator (``CPO'') and commodity trading advisor (``CTA'') with the
Commodity Futures Trading Commission (``CFTC'') and is a member of
the National Futures Association (``NFA''). The Managing Owner
serves as the CPO and CTA of the Fund and the Master Fund.
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    The investment objective of the Fund and the Master Fund is to
reflect the performance of the Index, over time, less the expenses of
the operation of the Fund and the Master Fund. The Fund pursues its
investment objective by investing substantially all of its assets in
the Master Fund. Each Share correlates with a Master Fund share issued
by the Master Fund and held by the Fund. The Master Fund pursues its
investment objective by taking futures positions in currencies
represented in the Index and adjusts its holdings quarterly as the
Index is adjusted. The Master Fund also holds cash and U.S. Treasury
securities for deposit with futures commission merchants as margin, and
other high-credit-quality short-term fixed income securities. The Fund
is not managed on a discretionary basis but instead seeks to track the
Index pursuant to established rules and procedures.
    The Index, at any time, is comprised of six currencies from The
Group of Ten (``G10'') countries,\6\ futures contracts on which are
traded on the Chicago Mercantile Exchange (``CME''). The notional
amounts of each currency included in the Index (``Index Currency'') are
based on the Index closing level as of the period in which the Index is
re-weighted.\7\ The Index closing level reflects an arithmetic weighted
average of the change in the futures positions on the Index Currencies'
exchange rates against the U.S. dollar since March 12, 1993. On such
date, the Index closing level was $100. The sponsor of the Index is
Deutsche Bank AG London (``DB London'' or the ``Index Sponsor'').
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    \6\ The G10 currencies are the U.S. Dollar, the Euro, the
Japanese Yen, the Canadian Dollar, the Swiss Franc, the British
Pound, the Australian Dollar, the New Zealand Dollar, the Norwegian
Krone, and the Swedish Krona (the ``Eligible Index Currencies'').
    \7\ The Index Sponsor reviews and re-weights the Index on a
quarterly basis.
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    Issuances of Shares are made only in one or more blocks of 200,000
Shares (``Basket Aggregation'' or ``Basket'') or multiples thereof. The
Fund issues and redeems the Shares on a continuous basis, by or through
participants that have entered into participant agreements (each, an
``Authorized Participant'') \8\ with the Managing Owner.
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    \8\ An ``Authorized Participant'' is a person, who at the time
of submitting to the trustee an order to create or redeem one or
more Baskets: (i) Is a registered broker-dealer; (ii) is a
Depository Trust Company Participant; and (iii) has in effect a
valid Participant Agreement.
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    A Basket will be issued in exchange for an amount of cash equal to
the Fund's net asset value (``NAV'') per Share times 200,000 Shares
(``Basket Amount''). The Basket Amount will be determined on each
business day by The Bank of New York (``Administrator'').\9\ An
Authorized Participant that wishes to purchase a Basket must transfer
the Basket Amount to the Administrator (the ``Cash Deposit Amount''). A
Basket is then separable upon issuance into the Shares that can be
traded on Nasdaq on a UTP basis.
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    \9\ At or about 4 p.m. ET each business day, the Administrator
determines the Basket Amount for orders placed by Authorized
Participants received before 1 p.m. ET that day. Thus, although
Authorized Participants place orders to purchase Shares throughout
the trading day until 1 p.m. ET, the actual Basket Amount is
determined at 4 p.m. ET or thereafter. On each business day, the
Administrator makes available, immediately prior to 9:30 a.m. ET,
the most recent Basket Amount for the creation of a Basket.
According to the Amex Order, Amex disseminates every 15 seconds
throughout the trading day, via the facilities of the Consolidated
Tape (``CT''), an amount representing, on a per-Share basis, the
current value of the Basket Amount.
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    The Shares are not individually redeemable may be redeemed only in
Baskets. To redeem, an Authorized Participant is required to accumulate
enough Shares to constitute a Basket (i.e., 200,000 shares). An
Authorized Participant that wishes to redeem a Basket will receive cash
in exchange for each Basket surrendered in an amount equal to the NAV
per Basket (the ``Cash Redemption Amount''). Upon the surrender of the
Shares and payment of applicable redemption transaction fee, taxes, or
charges, the Administrator will

deliver to the redeeming Authorized Participant the Cash Redemption
Amount.
    After 4 p.m. ET each business day, the Administrator determines the
NAV \10\ for the Fund, utilizing the current settlement value of
exchange-traded futures contracts on the Index Currencies, and the
Administrator, Amex, and Managing Owner will disseminate the NAV for
the Shares and the Basket Amount (for orders placed during the day).
The Basket Amount and the NAV are communicated by the Administrator to
all Authorized Participants via facsimile or e-mail.\11\ Nasdaq will
provide a hyperlink to the Fund's Web site at http://www.dbfunds.db.com from its Web site at http://www.nasdaq.com. The Web site for the Fund

contains quantitative information about the Fund and the Fund's
prospectus. Quotations for and last sale information regarding the
Shares are disseminated via the CT and the Consolidated Quotation
Service.
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    \10\ The NAV for the Fund is the total assets of the Master Fund
less total liabilities of the Master Fund. The NAV is calculated by
including any unrealized profit or loss on futures contracts and any
other credit or debit accruing to the Master Fund but unpaid or not
received by the Master Fund. The NAV is then used to compute all
fees (including the management and administrative fees) that are
calculated from the value of Master Fund assets. The Administrator
calculates the NAV per Share by dividing the NAV by the number of
Shares outstanding.
    \11\ According to the Amex Order, Amex has represented that the
NAV for the Fund will be made available to all market participants
at the same time. If the NAV is not disseminated to all market
participants at the same time, Amex will halt trading in the Shares.
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    To provide updated information relating to the Fund for use by
investors, professionals, and persons wishing to create or redeem the
Shares, Amex disseminates through the facilities of the CT an updated
Indicative Fund Value (``IFV''). The IFV is disseminated on a per-Share
basis every 15 seconds from 9:30 a.m. to 4:15 p.m. ET. The IFV is
calculated based on the cash required for creations and redemptions
(i.e., NAV x 200,000) adjusted to reflect the price changes of the
Index Currencies through investments held by the Master Fund (i.e.,
futures contracts and options on futures and/or forwards).
    DB London, as the Index Sponsor, publishes the value of the Index
at least once every 15 seconds throughout each trading day on the CT,
Bloomberg, and Reuters, and on its Web site at http://index.db.com and the Fund's Web site at http://www.dbfunds.db.com. The closing Index

level is similarly provided by DB London and the Fund. In addition, any
adjustments or changes to the Index also are provided by DB London and
the Fund on their respective Web sites.
    The daily settlement prices for the foreign currency futures
contracts comprising the Index and held by the Master Fund are publicly
available on the Internet Web sites of the futures exchanges trading
the particular contracts, as well as automated quotation systems,
published or other public sources, or on-line information services such
as Bloomberg or Reuters. All of the foreign currency futures contracts
in which the Master Fund currently expects to invest are traded on the
CME, although currency futures contracts on the eligible Index
Currencies also trade on other futures exchanges and the Master Fund
may invest in such contracts.\12\
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    \12\ Such other futures exchanges would be required to be
members of the Intermarket Surveillance Group (``ISG'') or to have
comprehensive surveillance sharing agreements with Nasdaq.
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    Nasdaq will halt trading in the Shares under the conditions
specified in Nasdaq Rules 4120 and 4121. The conditions for a halt
include a regulatory halt by the listing market. UTP trading in the
Shares will also be governed by provisions of Nasdaq Rule 4120 relating
to temporary interruptions in the calculation or wide dissemination of
the IFV or the value of the Index. Additionally, Nasdaq may cease
trading the Shares if other unusual conditions or circumstances exist
which, in the opinion of Nasdaq, make further dealings on Nasdaq
detrimental to the maintenance of a fair and orderly market. Nasdaq
will also follow any procedures with respect to trading halts as set
forth in Nasdaq Rule 4120(c). Finally, Nasdaq will stop trading the
Shares if the listing market delists them.
    Nasdaq believes that its surveillance procedures are adequate to
address any concerns about the trading of the Shares on Nasdaq. Trading
of the Shares through Nasdaq facilities is currently subject to NASD's
surveillance procedures for equity securities in general and ETFs in
particular.\13\ Nasdaq is able to obtain information regarding trading
in the Shares and the underlying currency futures through its members
in connection with the proprietary or customer trades that such members
effect on any relevant market. In addition, Nasdaq may obtain trading
information via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members or affiliates of the ISG, including the CME.
Nasdaq has issued an Information Circular to inform its members of the
special characteristics and risks associated with trading the Shares.
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    \13\ NASD surveils trading pursuant to a regulatory services
agreement. Nasdaq is responsible for NASD's performance under this
regulatory services agreement.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \14\ in general and Section 6(b)(5) of the Act \15\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, remove impediments to a free and open market and a
national market system, and, in general, to protect investors and the
public interest. In addition, Nasdaq believes that the proposal is
consistent with Rule 12f-5 under the Act \16\ because it deems the
Shares to be an equity securities, thus rendering trading in the Shares
subject to Nasdaq's existing rules governing the trading of equity
securities.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 17 CFR 240.12f-5.
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    Written comments on the proposed rule change were neither solicited
nor received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2007-049. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2007-049 and should be submitted on or before
June 7, 2007.

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

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\18\ which
requires that an exchange have rules designed, among other things, 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. The Commission believes that this proposal should benefit
investors by increasing competition among markets that trade the
Shares.
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    \17\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
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    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\19\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\20\ The Commission notes that it previously approved the
listing and trading of the Shares on Amex and the trading of the Shares
on NYSE Arca pursuant to UTP.\21\ The Commission also finds that the
proposal is consistent with Rule 12f-5 under the Act,\22\ which
provides that an exchange shall not extend UTP to a security unless the
exchange has in effect a rule or rules providing for transactions in
the class or type of security to which the exchange extends UTP. The
Exchange has represented that it meets this requirement because it
deems the Shares to be equity securities, thus rendering trading in the
Shares subject to the Exchange's existing rules governing the trading
of equity securities.
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    \19\ 15 U.S.C. 78l(f).
    \20\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \21\ See supra note 4 (approving listing and trading of Shares
on Amex). See also Securities Exchange Act Release No. 54569
(October 4, 2006) 71 FR 60594 (October 13, 2006) (approving UTP
trading of Shares on NYSE Arca).
    \22\ 17 CFR 240.12f-5.
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    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\23\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations for and last sale information regarding the
Shares are disseminated through the facilities of the CTA and the
Consolidated Quotation System. Furthermore, the IFV, updated to reflect
changes in currency exchange rates, is calculated by Amex and published
via the facilities of the Consolidated Tape Association on a 15-second
delayed basis throughout the trading hours for the Shares. In addition,
if the listing market halts trading when the IFV is not being
calculated or disseminated, the Exchange would halt trading in the
Shares.
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    \23\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    The Commission notes that, if the Shares should be delisted by the
listing exchange, the Exchange would no longer have authority to trade
the Shares pursuant to this order.
    In support of this proposal, the Exchange has represented that its
surveillance procedures are adequate to properly monitor Exchange
trading of the Shares. This approval order is conditioned on the
Exchange's adherence to this representation.
    In addition, the Commission recently approved the trading of the
Shares on the Exchange pursuant to UTP for a pilot period of three
months.\24\ In the Pilot Order, the Commission noted that exchanges
that trade commodity-related securities generally have in place
surveillance arrangements with markets that trade the underlying
securities. In its proposal to trade the Shares for a pilot period, the
Exchange represented that it was in the process of completing these
surveillance arrangements and expected to do so ``in the near future.''
The Exchange recently provided the Commission with evidence that it has
completed these surveillance arrangements.
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    \24\ See supra note 3.
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    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As noted previously, the Commission previously found
that the listing and trading of the Shares on Amex and the trading of
the Shares on NYSE Arca pursuant to UTP are consistent with the Act.
The Commission presently is not aware of any regulatory issue that
should cause it to revisit those findings or would preclude the
continued trading of the Shares on the Exchange pursuant to UTP.
Therefore, accelerating approval of this proposal should benefit
investors by continuing the additional competition in the market for
the Shares.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\25\ that the proposed rule change (SR-NASDAQ-2007-049) be, and it
hereby is, approved on an accelerated basis.
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    \25\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-9466 Filed 5-16-07; 8:45 am]

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