[Federal Register: December 8, 2006 (Volume 71, Number 236)]
[Notices]
[Page 71217-71219]
[DOCID:fr08de06-146]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54850; File No. SR-NYSE-2006-105]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Prohibit Specialists From Charging Commissions on Transactions in Their
Specialty Securities

November 30, 2006.
    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 30, 2006, the New York Stock Exchange LLC (``Exchange'' or
``NYSE'') 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.
The Exchange has designated this proposal as non-controversial under
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt new Rule 104B prohibiting specialist
firms from charging commissions on transactions in their specialty
securities, including exchange traded fund (``ETF'') securities, and to
make changes to Rules 104 and 123B to reflect the fact that specialists
will no longer be able to charge commissions. In connection with the
elimination of specialist commissions, the Exchange proposes in a
separate filing (the ``Fee Filing'') \5\ to institute a program of
revenue sharing for the specialists. The proposed rule changes will
take effect as of December 1, 2006. The amendments to the Exchange's
Rules are included in Exhibit 5 to the Exchange's filing.
---------------------------------------------------------------------------

    \5\ See SR-NYSE-2006-106 (filed on November 30, 2006).
---------------------------------------------------------------------------

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 NYSE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The NYSE has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, and at the Commission's Public Reference Room.

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

1. Purpose
    The Exchange proposes to adopt new Rule 104B prohibiting specialist
firms from charging commissions on transactions in their specialty
securities, including ETF securities, and to make changes to Rules 104
and 123B to reflect the fact that specialists will no longer be able to
charge commissions. In connection with the elimination of specialist
commissions, the Exchange proposes, in the separate Fee Filing, to: (i)
Eliminate the specialist trading privilege fee and the specialist
allocation fee, and (ii) institute a program of revenue sharing for the
specialists. In the Fee Filing, the Exchange is also: (i) Eliminating
its $750,000 monthly fee cap on equity transactions, (ii) adopting a
flat equity transaction fee of $0.000275 per share, and (iii) applying
the $0.0030 per share ETF fee to ETFs traded on an unlisted trading
privilege basis. We are requesting that the Commission make the
effectiveness of this filing operative on December 1, 2006, the same
day the changes contained in the Fee Filing take effect.
    The Exchange proposes to implement new Rule 104B prohibiting
specialist firms from charging commissions on transactions in their
specialty securities, including ETFs, and to make technical conforming
changes to Rules 104 and 123B to reflect the fact that specialists will
no longer be able to charge commissions on equity or ETF
transactions.\6\ The elimination of specialist commissions will take
effect on December 1, 2006, and will not have retroactive effect.
Therefore, specialist firms will not be prohibited from collecting
commissions owed on transactions completed before that date.
---------------------------------------------------------------------------

    \6\ The ETF transactions with respect to which specialists will
be prohibited from charging commissions will include transactions in
Investment Company Units pursuant to Exchange Rule 1100, Trust
Issued Receipts pursuant to Exchange Rule 1200, and
streetTRACKS[supreg] Gold Shares pursuant to Exchange Rule 1300,
Currency Trust Shares pursuant to Exchange Rule 1300A, Commodity
Trust Shares pursuant to Exchange Rule 1300B or any security
governed by Exchange Rule series 1100, 1200, 1300, 1300A or 1300B.
---------------------------------------------------------------------------

    Subsection (4) of Supplementary Material .20 of Rule 104
(``Dealings by Specialists'') provides that, for those members
registered as a regular specialist subject to the Commission's Net
Capital Rule,\7\ the term ``net liquid assets'' refers to excess net
capital computed in accordance with the provisions of Rule 325
(``Capital Requirements'') with certain adjustments, including
deductions for floor brokerage and/or commissions receivable.
Similarly, Rule 123B(b)(1) and Supplementary Material .10 to Rule 123B
provide that a specialist may not charge floor brokerage (i.e., a
commission) for the execution of an order which he or she receives by
means of the Exchange's automated order routing system, known as
SuperDot, if such order is executed within five minutes of receipt by
the specialist. As, under new Rule 104B, specialists will be prohibited
from charging any commissions in relation to trades in their specialty
securities, the foregoing provisions will cease to be relevant and the
Exchange proposes to delete them upon adoption of new Rule 104B.
---------------------------------------------------------------------------

    \7\ See 17 CFR 240.15c3-1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 \8\ of the Securities Exchange Act of
1934 in general and furthers the objectives of Section 6(b)(5) \9\ in
particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments, and to perfect the
mechanism of, a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\11\ Because the Exchange has designated the foregoing
proposed rule change as one that: (i) Does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) does not become
operative for 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ The Exchange provided written notice to the Commission of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to filing, as required by Rule 19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange requests that the Commission waive the 30-day
operative delay specified in Rule 19b-4(f)(6)(iii) with respect to the
proposed rule change.\13\ The Exchange represents that the specialist
firms affected by the proposal have all agreed to the elimination of
commissions contingent upon the Exchange's implementation of the
revenue sharing program proposed in the Fee Filing. As the proposal and
the revision to the Exchange's trading fees are both parts of an
integrated plan in which (i) the revenues generated from the revised
fees will partially offset the cost to the Exchange of the payments the
Exchange will make to the specialists under the revenue sharing
program, and (ii) the cost to customers of the increased transaction
fees will be offset at least partially by the elimination of
commissions, it is essential that the proposals in this filing takes
effect at the same time as the fee change. Therefore, the Exchange
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission has determined to waive the 30-day delay and allow
the proposed rule change to become operative on December 1, 2006.\14\
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the Exchange has represented that the elimination of specialist
commissions will benefit investors by helping to offset their increased
transaction fees under the Fee Filing.
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the operative delay of this
proposal, the Commission notes that it has considered the proposed
rule's impact on efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-NYSE-2006-105 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-NYSE-2006-105. 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 Commissions 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-
NYSE-2006-105 and should be submitted on or before December 29, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-20874 Filed 12-7-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Rules and Regulations]
[Pages 27563-27565]
[FR Doc No: 2015-11679]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0120]
RIN 1625-AA09

Drawbridge Operation Regulation; St. Marks River, Newport, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the drawbridge across the St. Marks River, mile 9.0, at
Newport, Wakulla County, Florida. The drawbridge was replaced with a
fixed bridge in 2001 and the operating regulation is no longer
applicable or necessary.

DATES: This rule is effective May 14, 2015.

ADDRESSES: The docket for this final rule, [USCG-2015-0120] is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this final rule. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Donna Gagliano, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a Notice of Proposed Rulemaking (NPRM)
with respect to this rule because the U.S. 98-SR 30 bridge, that once
required draw operations in 33 CFR 117.327, was removed and replaced
with a fixed bridge in 2001. Therefore, the regulation is no longer
applicable and shall be removed from publication. It is unnecessary to
publish an NPRM because this regulatory action does not purport to
place any restrictions on mariners but rather removes a restriction
that has no further use or value. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this effective in less
than 30 days after publication in the Federal

Register. The bridge has been a fixed bridge for 14 years and this rule
merely requires an administrative change to the Federal Register, in
order to omit a regulatory requirement that is no longer applicable or
necessary. The modification has already taken place and the removal of
the regulation will not affect mariners currently operating on this
waterway. Therefore, a delayed effective date is unnecessary.

B. Basis and Purpose

    The U.S. 98-SR 30 bridge across the St. Marks River, mile 9.0, was
removed and replaced with a fixed bridge in 2001. It has come to the
attention of the Coast Guard that the governing regulation for this
drawbridge was never removed subsequent to the completion of the fixed
bridge that replaced it. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.327, that pertains to the former drawbridge.
    The purpose of this rule is to remove 33 CFR 117.327 that refers to
the U.S. 98-SR 30 bridge, mile 9.0, from the Code of Federal
Regulations because it governs a bridge that has been removed and
replaced by a fixed bridge.

C. Discussion of Final Rule

    The Coast Guard is amending the regulation in 33 CFR 117.327 by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer in existence. The change
removes 33 CFR 117.327, which is the regulation governing the U.S. 98-
SR 30 bridge because the bridge has been removed from the waterway.
This Final Rule seeks to update the CFR by removing language that
governs the operation of the U.S. 98-SR 30 bridge, which in fact is no
longer a drawbridge. This change does not affect waterway or land
traffic.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order or under section
1 of Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
    The Coast Guard does not consider this rule to be ``significant''
under that Order because it is an administrative change and does not
affect the way vessels operate on the waterway.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will have no effect on small entities since this
drawbridge has been removed and replaced with a fixed bridge and the
regulation governing draw operations for this bridge is no longer
applicable. There is no new restriction or regulation being imposed by
this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a significant economic impact on a
substantial number of small entities.

3. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

4. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this final rule under that Order and have
determined that it does not have implications for federalism.

5. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b) (2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the removal of regulation that is no
longer necessary. This rule is categorically excluded, under figure 2-
1, paragraph (32) (e), of the Instruction.
    Under figure 2-1, paragraph (32) (e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for Part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

Sec.  117.327  [Removed]

0
2. Remove Sec.  117.327.

    Dated: April 30, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-11679 Filed 5-13-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51955-51957]
[FR Doc No: 2015-20892]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0512; FRL-9932-81-Region 7]

Approval and Promulgation of Implementation Plans; State of
Kansas; Infrastructure SIP Requirements for the 2008 Ozone National
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve an element of a State Implementation Plan (SIP)
submission from the State of Kansas addressing the applicable
requirements of Clean Air Act (CAA) section 110 for the 2008 National
Ambient Air Quality Standards (NAAQS) for Ozone (O3), which
requires that each state adopt and submit a SIP to support
implementation, maintenance, and enforcement of each new or revised
NAAQS promulgated by EPA. These SIPs are commonly referred to as
``infrastructure'' SIPs. The infrastructure requirements are designed
to ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA.

DATES: This direct final rule will be effective October 26, 2015,
without further notice, unless EPA receives adverse comment by
September 28, 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-2015-0512, 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: Lachala Kemp, 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-
2015-0512. 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 a.m. to 4:30
p.m., 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: Lachala Kemp, 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 whenever ``we'',
``us'', or ``our'' is used, we refer to EPA. This section provides
additional information by addressing the following questions:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On July 16, 2014, (79 FR 41486), EPA published a notice of proposed
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of
Kansas' submission that provides the basic elements specified in
section 110(a)(2) of the CAA, or portions thereof, necessary to
implement, maintain, and enforce the 2008 O3 NAAQS. EPA
subsequently published the final rulemaking on October 21, 2014, (79 FR
62861). EPA did not act on the visibility protection portion of section
110(a)(2)(J) of the CAA at that time.

II. Summary of SIP Revision

    On March 19, 2013, and May 9, 2013, EPA received SIP submissions
from the state of Kansas that address the infrastructure elements
specified in section 110(a)(2) of the CAA for the 2008 O3
NAAQS. The submissions addressed the following infrastructure elements
of section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (J), (K),
(L), and (M). Specific requirements of section 110(a)(2) of the CAA and
the rationale for EPA's proposed action to approve the SIP submission
are explained in the NPR and will not be restated here.
    Under section 110(a)(2)(J) of the CAA, states are required to
submit SIPs that meet, among other provisions, part C of the CAA,
relating to prevention of significant deterioration of air quality and
visibility protection. With respect to the visibility component of
section 110(a)(2)(J) of the CAA, Kansas stated in its 2008
O3 NAAQS infrastructure SIP submissions that EPA had
finalized approval of the Kansas Regional Haze SIP on December 27, 2011
(76 FR 80754). In that rulemaking, EPA determined that Kansas' Regional
Haze Plan met the CAA requirements for preventing future and remedying
existing impairment of visibility caused by air pollutants. However,
EPA did not act on the visibility protection portion of section
110(a)(2)(J) of the CAA in its final rule that approved portions of
Kansas' 2008 O3 NAAQS infrastructure SIP submissions.
    EPA recognizes that states are subject to visibility and regional
haze program requirements under part C of the CAA. However, when EPA
establishes or revises a NAAQS, these visibility and regional haze
requirements under part C

do not change. EPA believes that there are no new visibility protection
requirements under part C as a result of a revised NAAQS. Therefore,
there are no newly applicable visibility protection obligations
pursuant to element J after the promulgation of a new or revised NAAQS.
EPA is therefore approving Kansas' SIP as it satisfies the applicable
visibility requirements of Element J with respect to the 2008
O3 NAAQS as there are no new applicable visibility
requirements triggered by the 2008 O3 NAAQS.

III. Final Action

    EPA is taking direct final action to approve the visibility
protection portion of section 110(a)(2)(J) of the CAA with regard to
the March 19, 2013, and May 9, 2013, infrastructure SIP submissions
from the state of Kansas.
    Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in the submission or referenced in Kansas' SIP, EPA is approving
Kansas' SIP submittals as they satisfy the applicable visibility
requirements of section 110(a)(2)(J) of the CAA with respect to the
2008 O3 NAAQS as there are no new applicable visibility
requirements triggered by the 2008 O3 NAAQS.
    We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. 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 Review

    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 Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 October 26, 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. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA 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 R--Kansas

0
2. In Sec.  52.870, the table in paragraph (e) is amended by adding the
entry ``(41) Section 110(a)(2) Infrastructure Requirements for the 2008
O3 NAAQS'' in numerical order at the end of the table to
read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(41) Section 110(a)(2)           Statewide.........       3/19/2013  8/27/2015 [Insert   This action addresses
 Infrastructure Requirements                                          Federal Register    the visibility
 for the 2008 O3 NAAQS.                                               citation].          protection portion of
                                                                                section 110(a)(2)(J)
                                                                                of the CAA.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-20892 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4885-4886]
[FR Doc No: 2022-01890]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-874-000]

Graphite Solar 1, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Graphite Solar 1, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 14, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at [email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.

    Dated: January 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-01890 Filed 1-28-22; 8:45 am]
BILLING CODE 6717-01-P