MEMORANDUM OF AGREEMENT BETWEEN

THE STATE OF NEW MEXICO

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

(Replaces the MOA of March 5, 2009)

I. GENERAL

This Memorandum of Agreement (hereinafter "Agreement") establishes
policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for
the State of New Mexico’s Hazardous Waste Program (hereinafter "State
Program") authorized under Section 3006 of the Resource Conservation and
Recovery Act (hereinafter "RCRA or "the Act") of 1976 (42 USC 6901 et
seq.), as amended (Public laws 94-580, 96-482, 98-616), and the United
States Environmental Protection Agency (hereinafter EPA) Regional Office
for Region 6.  This Agreement further sets forth the manner in which the
State and EPA will coordinate in the State's administration of the
authorized State program and, pending State authorization, EPA's
administration of the provisions of the Hazardous and Solid Waste
Amendments of 1984 (HSWA).  For purposes of this Agreement, references
to "RCRA" include HSWA (P.L. 98-616).

This Agreement is entered into by the Secretary of the New Mexico
Environment Department (hereinafter "Secretary" or "the State") and the
Regional Administrator, EPA Region 6 (hereinafter "Regional
Administrator" or "EPA").

For administrative purposes, the New Mexico Environment Department
(NMED) will serve as lead agency to simplify coordination and
communication between the State and EPA.

Nothing in this Agreement shall be construed to restrict in any way
EPA's authority to fulfill its oversight and enforcement
responsibilities and authority under RCRA.  Nothing in this Agreement
shall be construed to limit in any way the State’s authority to
enforce hazardous waste regulations developed under the New Mexico
Hazardous Waste Act. Nothing in this Agreement shall be construed to
contravene any provision of 40 CFR Part 271.21 and 40 CFR Part 271.22.

The parties will review the Agreement jointly at least once a year (and
other times as appropriate) and during preparation of the annual State
Grant Work Program (hereinafter “Grant”), in connection with grant
funding under section 3011 of RCRA.

This Agreement amends the Agreement which was effective as of March 5,
2009 and all prior agreements dated, July 25, 2007, July 30, 2001,
September 23, 1996, December 18, 1995, January 16, 1992, September 17,
1989, and September 16, 1988.  This Agreement may be modified upon the
initiative of either party in order to ensure consistency with State
program modifications made or for any other purpose mutually agreed
upon.  Any revisions or modifications to this Agreement must be in
writing and must be signed by the State and the Regional Administrator.
This Agreement will remain in effect until such time as State program
authorization is withdrawn by or is voluntarily transferred to EPA
according to the criteria and procedures established in 40 CFR 271.22
and 40 CFR 271.23.

This Agreement supersedes all previous MOAs that were executed before
the date of this document and any related amendments or revisions.

This Agreement shall be executed by the State and the Regional
Administrator and shall become effective upon the signature of both
parties to this agreement.

This Agreement does not create any right or benefit, substantive or
procedural, enforceable by law or equity, by persons who are not party
to this agreement, against the State or EPA, their officers or
employees, or any other person. This MOA does not direct or apply to any
person outside of the State and EPA.

II. POLICY STATEMENT

Each of the parties to this Agreement is responsible for ensuring that
its obligations under RCRA are met, including direct implementation of
HSWA in the event that the State is not authorized to act.  The State
retains its responsibility to ensure full and faithful execution of the
requirements of the New Mexico Hazardous Waste Management Act (HWA),
NMSA 1978, §§ 74-4-1 to 74-4-17. Upon granting of final authorization
by EPA, the State assumes primary responsibility for implementing the
authorized provisions of the RCRA hazardous waste program within its
geographic boundaries, except in Indian country.  EPA retains its
responsibility to ensure full and faithful execution of the requirements
of RCRA.  The State and the Regional Administrator agree to maintain a
high level of cooperation and coordination between their respective
staffs in a partnership to assure successful and effective
administration of the State program.

Section 3006(g) of RCRA provides that hazardous waste requirements and
prohibitions promulgated pursuant to HSWA are applicable in authorized
States at the same time that they are applicable in unauthorized States
with the exception of Section 3006(f), Availability of Information that
cannot be implemented by EPA in authorized States.  While it is the
responsibility of the State to implement the provisions of HSWA for
which it is authorized, it is the intention of EPA and the State to
coordinate the implementation of such provisions to the greatest degree
possible.

EPA will oversee implementation of the authorized State program in order
to ensure full execution of the requirements of RCRA, to promote
national consistency in the hazardous waste program, and to allow EPA to
report to the President and Congress on the achievements of the
hazardous waste program, and to encourage States and EPA to agree on
desirable technical support and targets for joint efforts to prevent and
mitigate environmental problems associated with the improper management
of hazardous wastes.  Oversight will be accomplished through written
reporting requirements, permit program overview, compliance and
enforcement overview, and annual review of the State program.

III. STATE PROGRAM REVIEW

 A. GENERAL

The Regional Administrator will assess the State administration and
enforcement of the hazardous waste program on a continuing basis for
equivalence and consistency with RCRA, this Agreement, and all
applicable federal requirements and policies, and for adequacy of
enforcement.  This assessment will be accomplished by EPA review or
information submitted by the State in accordance with this Agreement and
the State Grant Work Program, permit program overview, compliance and
enforcement overview, and annual review of State program activities.

Once every three years, or at another mutually agreed-to frequency, the
Regional Administrator will also conduct an Enforcement Framework Review
of the NMED’s programs.  These Framework Reviews will be integrated
into and informed by the ongoing program assessment activities described
above.  EPA will provide the results of the Framework Reviews to the
NMED.

The Regional Administrator may also consider, as part of this regular
assessment, written comments about the State's program administration
and enforcement that are received from regulated persons, the public,
and federal, State and local agencies.  Copies of any such comments
received by the Regional Administrator will be provided to the State.

To ensure effective program review, The State agrees to allow EPA access
to all files and other information requested by the Regional
Administrator or his or her designee and deemed necessary by EPA for
reviewing State program administration and enforcement.

Review of the New Mexico Environment Department files may be scheduled
at quarterly intervals. Program review meetings between the State and
the Regional Administrator or their assignees will be scheduled at
reasonable intervals, not less than annually, to review specific
operating procedures and schedules, to resolve problems and to discuss
mutual program concerns.

These meetings will be scheduled at least fifteen days in advance unless
mutually agreed to differently. EPA shall prepare tentative agendas for
said meetings.

B. 	IDENTIFICATION OF PRIORITIES ACTIVITIES

The State and EPA agree to develop specific priorities on an annual
basis as a part of the State Grant Work Program.  Criteria for
determining priority activities include but are not limited to
activities regarding handlers of hazardous waste.  These criteria will
be based on guidance issued by EPA in the Office of the Chief Financial
Officer’s technical guidance on National Program Manager Guidance and
Annual Commitment Process, the Environmental Performance Partnership
Agreement, and other guidance documents as may be appropriate, and will
serve to identify those activities that should receive the highest
priority during the grant period.

Examples of activities that will be considered high priority will
include, but not be limited to, facilities to be inspected, facilities
to be permitted, and enforcement actions against facilities with known
or suspected ground-water contamination.  Facilities to be permitted
will be identified in the State Permitting Strategy submitted to the EPA
by the State.

IV. INFORMATION SHARING

 A. 	GENERAL

This section of the Agreement covers information sharing for various
elements of the RCRA program.  All sharing of information related to the
State’s program between the State and EPA shall be in accordance with
the requirements of 40 CFR part 2 (Public Information), 40 CFR 271.17
(Sharing of information).  The State must comply with the requirements
of the New Mexico Inspection of Public Records Act, NMSA 1978, §§
14-2-1 et seq.

As the respective information needs of the State and EPA evolve, changes
to this section of the Agreement may be appropriate.  During the annual
review of this Agreement, the State and the Regional Administrator will
carefully examine the following information-sharing provisions for
needed revision.

B. 	EPA

EPA will keep the State informed of the content and meaning of federal
statutes, regulations,

guidelines, standards, policy decisions, directives, and any other
factors that affect the State program.  EPA will share with the State
any general technical guidance.  EPA will share with the State any
national reports developed by EPA from the data submitted through State
reporting requirements.

The State and EPA have agreed to a permitting process (see Section V.D.
of this Agreement).  Under this process the State and EPA have
established policies and procedures by which each will pursue their
respective and/or joint responsibilities under RCRA/HSWA.

The State and EPA agree to share information as specified under Section
“V.D. Permitting Process” and the Annual State Grant Work Program.
Specifically included shall be the procedures for sharing and
coordinating the exchange of information on the following:

a.	Part A and Part B permit applications whether received prior to the
effective date of this Agreement or subsequent to the effective date of
this Agreement, and whether first received by the State or EPA;

b. 	Such other information necessary to support the foregoing
information;

c. 	Copies of draft permits, proposed permit modifications, and public
notices;

d. 	Copies of final permits and permit modifications; and Notices of
Permit denials.

EPA agrees to make available to the State copies of any reports and data
resulting from compliance inspections within sixty days of completion of
the inspections.

EPA agrees to provide the State with notification information from EPA
Form 8700-12 obtained prior to the effective date of this Agreement if
such information has not already been provided to the State.  The
Secretary and EPA shall agree on the format in which the information
will be provided and the information will be provided within thirty days
of the effective date of this Agreement.  The State will also forward,
on a monthly basis, notification information (including newly assigned
EPA identification numbers) submitted by persons in the State who file
such forms after the effective date of this Agreement.  This information
will be submitted to the U.S. EPA Region 6 at the end of the each month
for the proceeding month.

The State agrees to assign EPA identification number to generators and
transporters and to owners and operators of hazardous waste treatment,
storage, and disposal facilities submitting notifications after the
effective date of this Agreement.

EPA will make available to the State other relevant information as
requested that the State needs to implement its approved program.
Information provided to the State will be subject to the terms of 40 CFR
Part 2, Public Information.

C. 	STATE

1. 	The State agrees to inform the Regional Administrator in advance of
any proposed changes that would affect the State’s ability to
implement the authorized program.  Program changes of concern include
modification of the State’s legal authorities (e.g., statutes,
regulations and judicial or legislative actions affecting those
authorities), modifications of Memorandum of Agreement and Memorandum of
Understanding with other agencies, and modification or resource levels
(i.e., available or budgeted personnel and funds.) The State recognizes
that program revisions must be made in accordance with the provisions of
40 CFR 271.21, and that until approved by EPA, revisions are not
authorized as RCRA Subtitle C requirements.  Nothing in this Agreement
shall be construed to limit in any way the State’s authority under the
New Mexico Hazardous

Waste Act. Unless otherwise agreed upon, the information provided below
shall be sent to the U.S. EPA Region 6, Multimedia Planning and
Permitting Division (6PD), Chief, Hazardous Waste Division, 1445 Ross
Avenue, Suite 1200, Dallas, Texas, 75202-2733.

The State agrees to provide any pertinent public information requested
by the Regional Administrator or his or her designee within a mutually
agreed upon time frame, as necessary for EPA to carry out its oversight
responsibilities.

3. 	Through the development of the State Grant Work Program, annually,
EPA and the State will agree on the type and frequency of reports the
State will make in order for EPA to maintain oversight of the
implementation of the State’s authorized program.  Such reporting
shall include, but not be limited to the following:

a. 	Compliance monitoring and enforcement information;

b. 	Information indicating the status of the State’s permitting,
closure, post-closure, and groundwater monitoring and corrective action
activities will be identified in the State Permitting Strategy;

c. 	Various reports designed to accurately describe the status of the
State’s authorized program, including biennial reports summarizing the
quantities and types of hazardous waste generated, transported, treated,
stored and disposed in the State; and

d. 	State decisions to grant variances and waiver requests made by
hazardous waste handlers.

The State agrees to provide EPA with a copy of any decisions regarding
requests made by hazardous waste handlers to change their
classifications (e.g., requests to be deleted as generators but to
retain facility status) and facility requests to make on-site changes
prior to permit issuance (e.g., requests to handle additional wastes not
identified on the facility's original notification and RCRA Part A
Permit Application.

The State agrees to provide EPA with copies of reports on data resulting
from any compliance inspection and subsequent enforcement actions when
EPA requests such copies.

The State agrees to provide any pertinent information requested by the
Regional Administrator or his or her designee within a mutually agreed
upon time frame, as necessary for EPA to carry out its oversight
responsibilities.

The State agrees to provide EPA with a copy of each State decision
regarding variances and waivers at the time such requests are granted.

D. 	SITE VISITS

EPA is responsible for maintaining reliable national data on hazardous
waste management.  This data is used to report to the President and
Congress on the achievements of the hazardous waste program and to
support EPA's regulatory development efforts.  Whenever EPA determines
that it needs to obtain certain information, EPA will first seek to gain
this information from the States. The State of New Mexico agrees to
supply the Regional Administrator with this information if readily
available and as resources allow.  If the State is unable to provide the
information or if it is necessary to supplement the State information,
EPA may conduct a special survey or perform information collection site
visits after notifying the State.  EPA will share with the State any
national reports developed by EPA as a result of such information
collection.

E. 	EMERGENCY SITUATIONS

Upon receipt of any information that the handling, storage, treatment,
transportation, or disposal of hazardous waste presents an imminent and
substantial endangerment to human health or the environment, the party
in receipt of such information shall immediately notify by telephone the
other party(ies) to this Agreement of the existence of such situation.
EPA shall contact Bureau Chief of the Hazardous Waste Bureau at (505)
476-6000.  NMED shall contact EPA’s Associate Director of the
Multimedia Planning and Permitting Division at<PHONE_NUMBER>.

F. 	CONFIDENTIALITY

Any information obtained or used in the administration of the State
program shall be available to EPA upon request without restriction.  If
the information has been submitted to the State under a claim of
confidentiality, the State must submit that claim to EPA when providing
information.  Any information obtained from a State and subject to a
claim of confidentiality will be treated in accordance with the
regulations in 40 CFR Part 2, Public Information.  The State must comply
with the requirements of the New Mexico Inspection of Public Records
Act, NMSA 1978, §§ 14-2-1 et seq.

EPA agrees to furnish to the State information in its files which is not
submitted under a claim of confidentiality and which the State needs to
implement its program. Subject to the conditions in 40 CFR Part 2
(including authorization to receive confidential information pursuant to
40 CFR 2.305(h)), EPA will furnish to the State information submitted to
EPA under a claim of confidentiality which the State needs to implement
its program.  All information EPA agrees to transfer to the State will
be transferred in accordance with the requirements of 40 CFR Part 2.
EPA will notify affected facilities when such information is sent to the
State.  The State will handle such information consistent with its
authorized program.

V. 	PERMIT ISSUANCE

 	A.	EPA PERMITTING

Upon State authorization, EPA will suspend issuance of new federal
permits for hazardous waste treatment, storage, and disposal facilities
and permits for HSWA requirements.

Whenever EPA adds permitting standards for processes not currently
covered by federal regulations, EPA will process and enforce RCRA
permits, or portions of permits, in the State in the new area until the
State receives final authorization for them.  At the time the State
program is authorized in the new area, EPA will suspend issuance of such
federal permits, or portions of permits, in the State.  EPA will also
transfer any pending permit applications, completed permit or pertinent
file information to the State within thirty days of the approval of the
State program in conformance with the conditions of this Agreement.

The State and EPA have agreed to a permitting process (see section V.D.
of this Agreement) and enforcement of RCRA/HSWA permits.

B. 	EPA REVIEW OF STATE PERMITS

While EPA may comment on any permit application or draft permit, EPA's
overview function will focus primarily on those facilities identified by
the State and EPA in the State Permitting Strategy, the EPA Region 6
RCRA State Hazardous Waste Program Oversight Process (“Oversight
Document”), and the State’s Program Description.  In addition, EPA
will conduct periodic reviews of the State RCRA permitting program.  The
review process will be conducted in accordance with the RCRA Permitting
Program Review Document, and will focus on, but not be limited to:
program authority; staffing levels; permit issuance; permitting process;
permit reviews; status of expired permits; status of interim status
units; and public participation.

EPA may comment in writing on any draft permit or proposed permit
modification, whether or not EPA commented on the permit application,
within forty-five days of receipt.  EPA’s comment period should be
tied to the State’s public participation process set for into the New
Mexico Hazardous Waste Management Regulations, <IP_ADDRESS>1 NMAC.  The
State may or may not agree with these comments.  If the State agrees
with the comments, they may be incorporated into the document.  Where
EPA indicates in a comment that issuance, modification, reissuance,
termination or denial of the permit would be inconsistent with the
approved State program, EPA shall include in the comment:

a statement of the reasons for the comment (including the section of the
State law or regulations that supports the comment), and

the actions that should be taken by the State in order to address the
comment (including the conditions which the permit would include if it
were issued by EPA).

EPA shall withdraw such comment when satisfied that the State had met or
addressed its concern.

Under section 3008(a)(3) of RCRA, EPA may terminate a State-issued
permit in accordance with the procedures of 40 CFR Part 124, Subpart E,
or bring an enforcement action in accordance with the procedures of 40
CFR Part 22 in the case of a violation of a State program requirement.
Exercising these authorities, EPA will observe the conditions
established in 40 CFR 271.19(e).

C. 	STATE PERMITTING

The State is responsible for expeditiously drafting, circulating for
public review and comment, issuing, modifying, suspending, revoking
hazardous waste permits issued under State law for those hazardous waste
treatment, storage and disposal facilities subject to the authorized
provisions of the State's program and shall do so in a manner consistent
with RCRA, as amended by HSWA, this Agreement, the Oversight Document,
all applicable federal requirements, and the State's Program
Description.

The State agrees to abide by the procedures for holding a public hearing
set forth in the New Mexico Hazardous Waste Act (NMSA 1978 §74-4-1 and
<IP_ADDRESS>1 NMAC).  No ruling shall be made on a permit issuance or
denial without the opportunity for a public hearing, at which all
interested persons shall be given reasonable opportunity to submit
significant data, views or arguments orally or in writing and to examine
witnesses testifying at the public hearing.  A public hearing shall be
held under the following circumstances: (1) the Secretary issues a
Notice of Intent to deny, and a timely request for a public hearing is
received from the applicant;

(2) the Secretary issues a Draft Permit, a timely request for a public
hearing is received from any person opposed to granting of the permit,
and such person does not subsequently withdraw the request or the
Secretary determines no later than five (5) days following the end of a
comment period that a public hearing should be notwithstanding the
absence of a timely request for public hearing, or as otherwise provided
under NMSA 1978 §74-4 et seq., 20.1.4 NMAC, and 20.4.1 NMAC. The NMED,
acting in conjunction with the applicant, will respond to the request in
an attempt to resolve the issues giving rise to the opposition.  If such
issues are resolved to the satisfaction of the opponent, the opponent
may withdraw the request for public hearing.

The State agrees to issue, modify suspend or revoke all permits in
accordance with NMSA 1978, §74-4-4.2 with <IP_ADDRESS>1 NMAC, and to
include as permit conditions all applicable provisions required under
20.4.1 NMAC. This Agreement also applies to permits issued after final
authorization, but for which processing may have begun before final
authorization.

The State agrees that in order to carry out permitting procedures
consistent with the requirement of 40 CFR Part 124 that the individuals
and agencies entitled to receive public notice of any permit actions
under <IP_ADDRESS>1.C shall also include as applicable:

Any other agency which the State knows has issued or is required to
issue a RCRA, UIC, PSD, NPDES or 404 permit for the same facility or
activity (including EPA when the draft permit is prepared by the State);

Federal and State agencies with jurisdiction over fish, shell fish and
wildlife resources and over coastal zone management plans, the Advisory
Counsel on Historic Preservation, State Historic Preservation Officers,
and other appropriate government authorities including any affected
States;

3	Persons on a mailing list developed by:

a. 	Including those who request in writing to be on the list;

b. 	Soliciting person for “area” lists from participants in past
permit proceedings in that area; and

Notifying the public of the opportunity to be put on the mailing list
through periodic publication in the public press and in such
publications as Regional and State funded newsletters, environmental
bulletins, State law journals, or by other means.  (The State may update
the mailing list from time to time by requesting written indication of
continued interest from those listed. The State may delete from the list
the name of any person who fails to respond to such a request.)

To any unit of local government having jurisdiction over the area where
the facility is proposed to be located.

To each State agency having any authority under State law with respect
to construction of operations of such a facility.

The State also agrees that in addition to the general public notice
described in the Hazardous Waste Management Regulation, <IP_ADDRESS>1.C
NMAC, those persons identified in paragraphs 1 and 2 above shall be
notified of the location of the permit application (if any), and draft
permit (if any), for their review.

The State will issue all RCRA permits in the State, except for the
portions of permits dealing with provisions under HSWA for which the
State has not yet been authorized.  However, EPA agrees to provide
technical and administrative assistance as necessary.  In regard to EPA
permit issuance proceedings pending at the time of the State’s final
authorization to administer the HSWA provisions, EPA will transfer and
provide information, applications, and assistance to the NMED in
accordance with requests by the NMED

The State agrees that any compliance schedule contained in permits it
issues will require compliance with applicable standards as soon as
possible.

The State agrees to consider all comments EPA makes on permit
applications and draft permits.  The State will satisfy or refute EPA's
concerns on a particular permit application, proposed permit
modification, or draft permit in writing in accordance with <IP_ADDRESS>1
NMAC.

 D. PERMITTING AGREEMENT

Pursuant to section 3006(g)(1), and in accordance with RCRA, EPA has the
authority to issue or deny permits, or those portions of permits, to
facilities in New Mexico for the requirements and prohibitions in or
stemming from HSWA for which the State has not been authorized, or until
the State amends its program to reflect those requirements and
prohibitions, and receives authorization.  A Workshare Agreement between
the NMED and EPA Region 6 will be negotiated, as necessary, in
conjunction with the State Grant Work Program to cover areas that the
State is not authorized.

EPA and New Mexico hereby establish this joint permitting process for
the issuance of RCRA permits in New Mexico.  This permitting process is
established in accordance with section 3006(c)(3) of RCRA.  Both the
administrative details of the joint permitting process and the duties
and responsibilities of EPA and the NMED for joint permitting shall be
incorporated into the Oversight Document.  The duties and
responsibilities of EPA and the State for permitting shall also be
specified in the Oversight Document.

The details of the permitting process shall be reviewed and revised as
often as necessary, but no less often than annually to assure its
continued appropriateness.

The Oversight Document shall be amended to reflect any status change in
authorization.  This Agreement has been amended to address the State’s
authorization for the provision of HSWA.

VI. PERMIT ADMINISTRATION

 A. EPA

EPA will administer the RCRA permits or portions of permits it has
issued to facilities in New Mexico until the State is authorized for
those portions of the program.  EPA will be responsible for enforcing
the terms and conditions of the federal permits while they remain in
force.  Based on the joint permit issuing authority of the permits
issued in the State, when the State is authorized for specific portions
of the program, arrangements will be made for notifications of
permittees and for public notice of the State administration of those
portions of the permits.

 B. STATE

The State agrees to review all hazardous waste permits which were issued
under State law prior to the effective date of this Agreement and to
modify, suspend or revoke such permits as necessary to require
compliance with the amended State Program.  The State agrees to
administer the permits consistent with the authorized program and to
inform the permittees of that authorization and that EPA will no longer
be responsible for those portions of the permits.

VII. COMPLIANCE MONITORING AND ENFORCEMENT

A. EPA

Nothing in this Agreement shall restrict EPA's right to inspect any
hazardous waste generator, transporter or facility or bring enforcement
action against any person believed to be in violation of the State or
federal hazardous waste program or that EPA has cause to believe a
release of hazardous waste or constituent. Before conducting an
inspection of a generator, transporter or facility, the Regional
Administrator will normally give the State at least seven days notice of
the intent to inspect in accordance with 40 CFR 271.8(b)(3)(i).   In
case of an imminent and substantial endangerment to human health and the
environment, the Regional Administrator may shorten or waive the notice
period, but the Regional Administrator will make every effort to notify
the NMED as soon as possible of any EPA action in the State.

The frequency of EPA oversight and training inspections will be
specified in the annual State Grant Work Program.  EPA will negotiate on
an annual basis with the State the number or percentage of the State's
compliance inspections on which EPA will accompany the State.

EPA may take enforcement action against any person determined to be in
violation of RCRA in accordance with section 3008(a)(2).  In the case of
a violation of any requirement of section 3008 where such violation
occurs in a the State which is authorized to carry out a hazardous waste
program under section 6926 of this title, the Regional Administrator
shall give notice to the State in which such violation has occurred
prior to issuing an order or commencing a civil action under section
3008(a).  EPA also maintains authority to issue orders and bring actions
under sections 3008, 3013 and 7003 of RCRA and any other applicable
federal statute.

After notice to the State, EPA may take action under section 3008(a)(3)
of RCRA against a holder of a State-issued permit on the grounds that
the permittee is not complying with a condition of that permit.  In
addition, EPA may take action under Section 3008 of RCRA against a
holder of a State-issued permit on the grounds that the Permittee is not
complying with a condition that the Regional Administrator, in
commenting on that permit application or draft permit, states was
necessary to implement approved State program requirements, whether or
not that condition was included in the final permit.

B. STATE

The State agrees to carry out a timely and effective program for
monitoring compliance by generators, transporters, and facilities with
applicable program requirements (see 40 CFR 271.15). As part of this
program, the State will conduct inspections to assess compliance with
generator and transporter standards (including manifest requirements),
facility standards, permit requirements, compliance schedules, and all
other program requirements.  State Grant Work Program and shall be
consistent with all applicable federal requirements and with the State's
Program Description.

 The State agrees to take timely and appropriate enforcement action. The
State will maintain procedures for receiving and ensuring proper
consideration of information about violations submitted by the public.
The NMED agrees to provide EPA with copies of reports or data resulting
from any compliance inspection and subsequent enforcement actions when
EPA requests such copies. The State agrees to retain all records for at
least three years unless there is an enforcement action pending. In the
case of a pending enforcement action, all records will be retained until
such action is resolved.

VIII. AVAILABILITY OF INFORMATION

 A. 	GENERAL

Section 3006(f) of RCRA requires an authorized State to provide for the
public availability of information obtained by the State regarding
facilities and sites for treatment, storage and disposal of hazardous
waste.  Such information must be available to the public in
substantially the same manner as, and to the same degree as that is
available under federal law.

B. 	REQUEST FOR INFORMATION

Pursuant to the federal Freedom of Information Act, 5 U.S.C. 552(a)(2)
and the New Mexico Inspection of Public Records Act, NMSA 1978, §§
14-2-1 et seq., the State agrees to make certain materials available
without a formal information request.  Examples of these materials are
final opinions or orders in case adjudication, State regulations,
statements of Agency policy, and administrative staff manuals affecting
the public.  In addition, records prepared for routine public
distribution will also be made available.  Examples of such records are
press releases, copies of speeches, pamphlets, and educational
materials.

The State Agency agrees to make reasonable efforts to assist a requestor
in identifying records being sought, and to help the requestor formulate
his or her request.

If a request for information is denied, the State agrees to provide the
requestor the basis for the denial and to notify the requestor of any
State judicial, administrative procedures, or statutes of limitation.

The State agrees to make the fullest possible disclosure of records to
the public, except where the record would qualify for any of the
exemptions under the federal Freedom of Information Act, 5 U.S.C.
552(a)(2), if such exemption is recognized by the State, and the New
Mexico Inspection of Public Records Act (NMSA 1978 §§14-2-1 et seq.) .

A reduction or waiver of fees will be considered in connection with each
request for the press or other communication medium, or from a public
interest group if in the public interest. The State agrees to reduce or
waive the fee, in accordance with the New Mexico Inspection of Public
Records Act, NMSA 1978, §§ 14-2-1 et seq. and NMED Policy 0106, or its
successor policies, as updated.

C. 	CONFIDENTIALITY OF BUSINESS INFORMATION

If a claim of confidentiality is asserted and cannot be resolved in the
time period provided for an agency response to a request, the State
agrees to notify the requestor of the confidentiality claim within the
maximum 20-day time limit provided for agency response.  In addition,
the requestor will be told that the request was initially denied in
order to resolve the business confidentiality claim.

 D. 	OVERSIGHT

The State agrees to keep a log of denials of requests for information
(or a file containing copies of denial letters sent to requesters) which
will be made available to EPA during the State review.

The State agrees to keep EPA fully informed of any proposed
modifications to its basic statutory or regulatory authority, its forms,
procedures, or priorities, as applied to section 3006(f).

IX. 	CORRECTIVE ACTION

A. 	STATE ROLE

The State will conduct the RCRA Corrective Action Program in a manner
that promotes rapid achievement of cleanups while protecting human
health and the environment.  Specifically, the State will, to the extent
practicable:

Embrace flexible, practical, results-based approaches that focus on
control of human exposure and contaminated groundwater migration in the
short term, with final cleanup being the long term goal;

Provide ready public access to information and meaningful opportunities
for public involvement in the cleanup process;

Foster a culture of innovation, creativity, communication and technical
expertise, focused on accelerating cleanups; and

Carefully consider key program guidance (and any updates) in conducting
the RCRA Corrective Action Program.

 B. EPA ROLE

EPA will assist the State with all aspects of the cleanup program and
support its efforts to conduct faster, focused and more flexible RCRA
cleanups.

X. REGULATION OF RADIOACTIVE MIXED WASTES

The NMED will regulate the hazardous waste component of mixed waste as a
hazardous waste pursuant to the State program and RCRA.

U.S. ENVIRONMENTAL PROTECTION AGENCY

REGION 6

BY:__________________________________________

           Alfredo Armendariz

           Regional Administrator

DATE:___October 12, 2010________________

Memorandum of Agreement 		September 2010 – Page   PAGE   \*
MERGEFORMAT  1


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64094-64095]
[FR Doc No: 2011-26717]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4019-DR; Docket ID FEMA-2011-0001]

North Carolina; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4019-DR), dated August 31, 2011,
and related determinations.

DATES: Effective Date: October 7, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of August 31, 2011.

    Bladen County for Individual Assistance.
    Columbus and Sampson Counties for Individual Assistance (already
designated for Public Assistance, including direct federal
assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26717 Filed 10-14-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Page 38383]
[FR Doc No: 2011-16473]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2696-033]

Albany Engineering Corporation, Town of Stuyvesant, NY; Notice of
Site Visit and Technical Meeting

    On July 12, 2011, Office of Energy Projects staff will participate
in a site visit and technical meeting for the Stuyvesant Falls
Hydroelectric Project (FERC No. 2696-033). The purpose of the site
visit and technical meeting is to discuss the parameters of an Instream
Flow Incremental Methodology study to be conducted for the Stuyvesant
Falls Hydroelectric Project relicensing.
    The site visit will begin at 9 a.m. E.S.T at Stuyvesant Falls Town
Park (Sandbar Park) below Stuyvesant Falls dam. The technical meeting
will begin at 12 p.m. E.S.T at the Town of Stuyvesant Town Hall, 5
Sunset Drive, Stuyvesant, NY 12173. Interested parties wishing to
attend should contact Andy Bernick at<PHONE_NUMBER>, or via e-mail at
<EMAIL_ADDRESS>
    Dated: June 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-16473 Filed 6-29-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7597-7599]
[FR Doc No: 2016-02837]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77077; File No. SR-NASDAQ-2016-014]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Retroactively Apply Recently-Reduced Port Fees

February 8, 2016
    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 January 29, 2016, The NASDAQ Stock Market LLC (``Nasdaq'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by Nasdaq. 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 [sic] Sec.  240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq proposes to retroactively apply recently-reduced port fees
charged to members and non-members for ports used to enter orders into
Nasdaq systems, in connection with the use of the FIX, RASH, and OUCH
trading protocols under Nasdaq Rules 7015(b) and (g) beginning January
4, 2016.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    The purpose of the proposed rule change is to apply recently-
reduced port fees charged to members and non-members for ports used to
enter orders into Nasdaq systems, in connection with the use of the
FIX, RASH, and OUCH trading protocols under Nasdaq Rules 7015(b) and
(g) during the period from January 4, 2016 to January 19, 2016.
    Effective January 4, 2016, Nasdaq increased fees for FIX Ports
under Rule 7015(b) and for RASH and OUCH Ports under Rule 7015(g) from
$550 per port, per month to $575 per port, per month.\3\ Nasdaq
increased the fees to offset costs associated with upgrading these
ports with new field-programmable gate array (``FPGA'') technology,
which is a hardware-delivery mechanism that provides improved
performance in terms of predictability.\4\ Nasdaq implemented the new
FPGA hardware

in mid-December 2015 and increased the related port fees on January 4,
2016.\5\
---------------------------------------------------------------------------

    \3\ See SR-NASDAQ-2016-001, which was withdrawn by Nasdaq on
January 19, 2016 (available at http://nasdaq.cchwallstreet.com/NASDAQ/pdf/nasdaq-filings/2016/SR-NASDAQ-2016-001.pdf).
    \4\ FPGA hardware is able to process more data packets during
peak market conditions without the introduction of variable queuing
latency, which improves the predictability of telecommunications
ports over non-FPGA hardware and thereby adds value to the user.
    \5\ See note 3 above.
---------------------------------------------------------------------------

    Nasdaq recently encountered a few unforeseen minor, but not easily
rectifiable, issues with the new implementation that potentially could
have a greater impact on the market. As a consequence, Nasdaq
determined that the risk associated with keeping the FPGA technology in
terms of potential disruption to trading outweighed the benefit
provided in terms of increased performance. Effective January 7, 2016,
Nasdaq removed the FPGA hardware and reverted all FIX, RASH, and OUCH
ports to the infrastructure that was in place prior to the upgrade to
those ports. Nasdaq also filed a rule change with the Commission to
reduce the fees assessed for FIX, RASH, and OUCH ports back to their
lower levels of $550 per port, per month, which was effective January
19, 2016.\6\
---------------------------------------------------------------------------

    \6\ See SR-NASDAQ-2016-007, which has not yet been published in
the Federal Register (available at http://nasdaq.cchwallstreet.com/NASDAQ/pdf/nasdaq-filings/2016/SR-NASDAQ-2016-007.pdf). The
Commission notes that this filing was subsequently withdrawn,
because it was deemed unnecessary. Nasdaq's withdrawal of SR-NASDAQ-
2016-001 effectively caused the rule text to revert to the lower
fees that were in place prior to January 4, 2016. See note 3.
---------------------------------------------------------------------------

    Nasdaq proposes to apply the reduced fees of $550 per port, per
month during the period from January 4, 2016 to their reduction on
January 19, 2016, effectively eliminating any fee increase for FIX,
RASH, and OUCH ports. Subscribers to the affected ports did not enjoy
the benefit of the improved hardware for any significant time, as the
issues with the ports began to manifest themselves on December 30, 2015
up to the point at which Nasdaq determined to remove the hardware and
revert the ports back to the infrastructure in place before. Thus,
Nasdaq believes that it is inappropriate to apply the higher fees at
any point during January 2016.\7\
---------------------------------------------------------------------------

    \7\ Nasdaq bills in arrears for the connectivity provided under
Rule 7015. Thus, subscribers have not yet been billed at the higher
rate in place from January 4, 2016 to January 19, 2016.
---------------------------------------------------------------------------

2. Statutory Basis
    This proposal is consistent with the provisions of section 6 of the
Act,\8\ in general, and with sections 6(b)(4) and 6(b)(5) of the
Act,\9\ in particular, in that it provides for the equitable allocation
of reasonable dues, fees and other charges among members and issuers
and other persons using any facility or system which Nasdaq operates or
controls, and is designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest;
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    Retroactively applying the lower fees that were assessed prior to
the upgrade to the FIX, RASH and OUCH ports effective January 4, 2016
is reasonable because the improved hardware did not provide a trouble-
free benefit to subscribers for a significant time during the month of
January 2016. Nasdaq did not provide an improved service for the ports
in return for the increased fees paid during the period from January 4,
2016 to their reduction on January 19, 2016. The basis for the
increased fees was the costs associated with purchasing hardware
(capital expenditures) and supporting and maintaining the
infrastructure (operating expenditures) for the FPGA enhancement. Thus,
retroactively applying the reduced pre-upgrade fee is reasonable.
    Applying the lower pre-upgrade fees retroactively is both an
equitable allocation and not unfairly discriminatory because it will
apply uniformly to all market participants that subscribed to FIX Ports
under Rule 7015(b), and OUCH and RASH Ports under Rule 7015(g) during
the timeframe of January 4, 2016 to January 19, 2016 based on the
number of such ports subscribed. Accordingly, all subscribers to the
ports under Rule 7015(b) and (g) will be assessed the fees in place
prior to the increase, since they did not realize a significant and
trouble-free benefit from the hardware.

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

    The proposed rule change will not impose any burden on competition
not necessary or appropriate in furtherance of the purposes of the Act.
In terms of inter-market competition, Nasdaq notes that it operates in
a highly competitive market in which market participants can readily
favor competing venues if they deem fee levels at a particular venue to
be excessive, or rebate opportunities available at other venues to be
more favorable.
    Nasdaq proposes to retroactively apply a lower fee since it did not
provide the improved connectivity trouble-free for a significant time.
Thus, Nasdaq does not believe that proposal places any burden on
competition, but rather reduces fees assessed subscribers to a service,
which will help maintain Nasdaq's competitiveness among equities
markets.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days 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 \10\ and Rule 19b-4(f)(6)
thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    In its filing, Nasdaq requested that the Commission waive the 30-
day operative delay so that Nasdaq may implement the fee reduction
prior to the end of its monthly billing cycle. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Nasdaq bills its
members at the end of the month, and, as of the time of filing, it had
not yet assessed the higher port fees put in place by SR-NASDAQ-2016-
001. Waiver of the 30-day operative delay will not only allow Nasdaq to
manage its billing process more efficiently, but it will also ensure
that subscribers are not charged erroneous and inflated fees. For this
reason, the Commission designates the proposed rule change to be
operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-014 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-014. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at Nasdaq's principal office. 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-2016-014 and should
be submitted on or before March 4, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR [sic] Sec.  200.30-3(a)(12) and (59).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02837 Filed 2-11-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12374-12376]
[FR Doc No: 2013-04014]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68933; File No. SR-CBOE-2013-020]

Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Renew an Existing Pilot Program for an
Additional Fourteen Months

February 14, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 7, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is

publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to renew an existing pilot program for an
additional fourteen months. Under the existing pilot program, the
Exchange is permitted to list P.M.-settled options on broad-based
indexes that expire on: (a) any Friday of the month, other than the
third Friday-of-the-month (``End of Week Expirations'' or ``EOWs''),
and (b) the last trading day of the month (``End of Month Expirations''
or ``EOMs''). The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 24.9. Terms of Index Option Contracts

    (a)-(d) No change.
    (e) End of Week/End of Month Expirations Pilot Program (``EOW/EOM
Pilot Program'')
    (1) End of Week (``EOW'') Expirations. The Exchange may open for
trading EOWs on any broad-based index eligible for regular options
trading to expire on any Friday of the month, other than the third
Friday-of-the-month. EOWs shall be subject to all provisions of this
Rule and treated the same as options on the same underlying index that
expire on the Saturday following the third Friday of the month;
provided, however, that EOWs shall be P.M.-settled.
    (2) End of Month (``EOM'') Expirations. The Exchange may open for
trading EOMs on any broad-based index eligible for regular options
trading to expire on last trading day of the month. EOMs shall be
subject to all provisions of this Rule and treated the same as options
on the same underlying index that expire on the Saturday following the
third Friday of the month; provided, however, that EOMs shall be P.M.-
settled.
    (3) Duration of EOW/EOM Pilot Program. The EOW/EOM Pilot Program
shall be through [February 14, 2013] April 14, 2014.
    (4) EOW/EOM Trading Hours on the Last Trading Day. On the last
trading day, transactions in expiring EOWs and EOMs may be effected on
the Exchange between the hours of 8:30 a.m. (Chicago time) and 3:00
p.m. (Chicago time). This subsection (4) applies to all outstanding
expiring EOW and EOM Expirations listed on or before May 6, 2011 and
all EOWs and EOMs listed thereafter under the EOW/EOM Pilot Program.
    * * * Interpretations and Policies:
    .01-.13 No change
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission.

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 IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On September 14, 2010, the Commission approved a CBOE proposal to
establish a pilot program under which the Exchange is permitted to list
P.M.-settled options on broad-based indexes to expire on (a) any Friday
of the month, other than the third Friday-of-the-month, and (b) the
last trading day of the month.\3\ Under the terms of the End of Week/
End of Month Expirations Pilot Program (``Program''), EOWs and EOMs are
permitted on any broad-based index that is eligible for regular options
trading. EOWs and EOMs are cash-settled and have European-style
exercise. The proposal became effective on a pilot basis for a period
of fourteen months that commenced on the next full month after approval
was received to establish the Program \4\ and was subsequently
extended.\5\ The Program is scheduled to expire on February 14, 2013.
The Exchange believes that the Program has been successful and well
received by its Trading Permit Holders and the investing public during
that [sic] the time that it has been in operation. The Exchange hereby
proposes to extend the Program for an additional fourteen months, so
that it will expire on April 14, 2014. This proposal does not request
any other changes to the Program.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62911 (September 14,
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
    \4\ Id.
    \5\ See Securities Exchange Act Release No. 65741 (November 14,
2011), 76 FR 72016 (November 21, 2011) (immediately effective rule
change extending the Program through February 14, 2013).
---------------------------------------------------------------------------

    Pursuant to the order approving the establishment of the Program,
two months prior to the conclusion of the pilot period, CBOE is
required to submit an annual report to the Commission, which addresses
the following areas: Analysis of Volume & Open Interest, Monthly
Analysis of EOW & EOM Trading Patterns and Provisional Analysis of
Index Price Volatility. The Exchange has submitted, under separate
cover, the annual report in connection with the present proposed rule
change. Confidential treatment under the Freedom of Information Act is
requested regarding the annual report.
    If, in the future, the Exchange proposes an additional extension of
the Program, or should the Exchange propose to make the Program
permanent (which the Exchange currently intends to do), the Exchange
will submit an annual report (addressing the same areas referenced
above and consistent with the order approving the establishment of the
Program) to the Commission at least two months prior to the expiration
date of the Program. The annual report will be provided to the
Commission on a confidential basis. Any positions established under the
Program will not be impacted by the expiration of the Program.
    The Exchange believes there is sufficient investor interest and
demand in the Program to warrant its extension. The Exchange believes
that the Program has provided investors with additional means of
managing their risk exposures and carrying out their investment
objectives. Furthermore, the Exchange has not experienced any adverse
market effects with respect to the Program.
    The Exchange believes that the proposed extension of the Program
will not have an adverse impact on capacity.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section

6(b)(5) \7\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitation transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \8\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the Program has been
successful to date and states that it has not encountered any problems
with the Program. The proposed rule change allows for an extension of
the Program for the benefit of market participants. Additionally, the
Exchange believes that there is demand for the expirations offered
under the Program and believes that that EOWs and EOMs will continue to
provide the investing public and other market participants increased
opportunities to better manage their risk exposure.

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

    CBOE 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. Specifically, the Exchange
believes that, by extending the expiration of the Program, the proposed
rule change will allow for further analysis of the Program and a
determination of how the Program shall be structured in the future. In
doing so, the proposed rule change will also serve to promote
regulatory clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
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 \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay.\13\ The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because it will allow the Program to continue uninterrupted.
Accordingly, the Commission designates the proposal operative upon
filing.\14\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-020 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-020. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-020 and should be
submitted on or before March 15, 2013.

     For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04014 Filed 2-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]
[Page 11167]
[DOCID:fr10mr10-79]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the Record Communications; Public Notice

March 3, 2010.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
         Docket No.            File date       Presenter or requester
------------------------------------------------------------------------
                               Prohibited
------------------------------------------------------------------------
1. P-460-033................       3-2-10  Alann Krivor.
------------------------------------------------------------------------
                                 Exempt
------------------------------------------------------------------------
1. CP09-54-000..............      2-18-10  Dave Swearingen \1\
2. P-13011-000..............      2-24-10  John Baummer \2\
------------------------------------------------------------------------
\1\ Record of e-mail exchange with ``clarifying text.''
\2\ E-mail exchange clarifying ``Cooperating Agency'' status.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-5038 Filed 3-9-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Page 32280]
[FR Doc No: 2014-12871]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2524-018--Oklahoma Salina Pumped Storage Project]

Grand River Dam Authority; Notice of Revised Restricted Service
List

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR section 385.2010,
provides that, to eliminate unnecessary expense or improve
administrative efficiency, the Secretary may establish a restricted
service list for a particular phase or issue in a proceeding. The
restricted service list should contain the names of persons on the
service list who, in the judgment of the decisional authority
establishing the list, are active participants with respect to the
phase or issue in the proceeding for which the list is established.
    The Commission staff is consulting with the Oklahoma Historical
Society (Oklahoma SHPO) and the Advisory Council on Historic
Preservation (Advisory Council) pursuant to the Advisory Council's
regulations, 36 CFR Part 800, implementing section 106 of the National
Historic Preservation Act, as amended, (16 U.S.C. section 470 f), to
develop and execute a Programmatic Agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places that could be affected by issuance of a new license for
the Salina Pumped Storage Project No. 2524-018.
    On March 28, 2011, Commission staff established a restricted
service list for the Salina Pumped Storage Project. Since that time,
changes have occurred and therefore, the restricted service list is
revised as follows:
    Replace ``Dr. Andrea Hunter, THPO, and James Munkres, Osage Nation,
627 Grandview, Pawhuska, OK 74056'' with ``Dr. Barker Fariss, Senior
Archaeologist, or Representative, Osage Nation, 627 Grandview,
Pawhuska, OK 74056.''
    Replace ``George Strack, THPO, Miami Tribe of Oklahoma, P.O. Box
1326, Miami, OK 74355'' with ``George Strack, THPO, or Representative,
Miami Tribe of Oklahoma, 202 S. Eight Tribes Trail, Miami, OK 74354.''
    Remove ``Dr. Timothy G. Baugh, Historical Archaeologist, Oklahoma
Historical Society, 800 Nazih Zuhdi Drive, Oklahoma City, OK 73105-
7917'' because he retired.

    Dated: May 22, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-12871 Filed 6-3-14; 8:45 am]
BILLING CODE 6717-01-P