[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44621]
[FR Doc No: 2018-18946]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2309-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Rose Creek
Wind, LLC

    This is a supplemental notice in the above-referenced proceeding
Rose Creek Wind, 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 September 17, 2018.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18946 Filed 8-30-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37811-37813]
[DOCID:fr11jy07-135]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56015; File No. SR-NYSE-2007-48]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No.1 Thereto
Relating to Proposed Amendments to Rule 600 To Provide Guidance
Regarding New and Pending Arbitration Claims in Light of the
Consolidation of NYSE Regulation Into NASD DR

July 5, 2007.
    On May 23, 2007, pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\
the New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') a proposed
rule change that was published for comment in the Federal Register on
June 4, 2007.\4\ On June 21, 2007, the NYSE filed Amendment No. 1 to
revise the proposed rule change as described in Items I, II, and III
below, which Items have been substantially prepared by the NYSE.\5\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Release No. 34-55818 (May 25, 2007), 72 FR 30898 (June
4, 2007).
    \5\ Amendment No. 1 replaced and superseded the original filing
in its entirety.
---------------------------------------------------------------------------

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

    NYSE proposes to amend current Rule 600 and adopt a new Rule 600A.
As part of the consolidation of the member firm regulation function of
NYSE Regulation, Inc. (``NYSE Regulation'') with the National
Association of Securities Dealers, Inc. (``NASD''), NYSE Regulation
will cease to provide an arbitration program, and its existing
arbitration department (``NYSE Arbitration'') will be consolidated with
that of NASD Dispute Resolution, Inc. (``NASD DR''). The proposed
amendments provide that the arbitration rules of the Exchange shall
apply only to NYSE arbitration cases pending prior to the date which is
the later of the date of approval of this proposed rule change or the
date of the consolidation (the ``Effective Date''), and that,
thereafter, disputes between NYSE member organizations, associated
persons, and/or their customers will be arbitrated under the NASD DR
Codes of Arbitration Procedure. The text of the proposed rule is set
forth below. Proposed new language is italicized.
* * * * *

Rule 600 Arbitration

* * * * *

Supplementary Material

    Rules 600 through 639, and Rule 347, with the exception of Rule
600A, apply only to arbitrations filed prior to [insert later of
effective date of the consolidation or approval of this proposed rule
change] and are otherwise of no force or effect. Notwithstanding the
foregoing, arbitrations filed with NYSE Arca on or prior to January 31,
2007 continue to be governed by the NYSE Arca Rule 12 in effect on or
prior to January 31, 2007, and arbitrations filed with NYSE Arca
Equities on or prior to January 31, 2007 continue to be governed by the
NYSE Arca Equities Rule 12 in effect on or prior to January 31, 2007.
On and after [insert date of the consolidation] all such arbitrations
filed prior to [insert later of effective date of the consolidation or
approval of this proposed rule change] shall, until concluded, be
administered by NASD Dispute Resolution, Inc. (``NASD DR'') pursuant to
a Regulatory Services Agreement with the Exchange.
* * * * *

Rule 600A

    (a) Duty to Arbitrate. (i) Any dispute, claim or controversy
between or among member organizations and/or associated persons shall
be arbitrated pursuant to the NASD DR Codes of Arbitration Procedure;
and, (ii) any dispute, claim or controversy between a customer or non-
member and a member organization and/or associated person arising in
connection with the business of such member organization and/or in
connection with the activities of an associated person, shall be
arbitrated pursuant to NASD DR Codes of Arbitration Procedure as
provided by any duly executed and enforceable written agreement, or
upon the demand of the customer or non-member. Such obligation to
arbitrate shall extend only to those matters that are permitted to be
arbitrated under NASD DR Codes of Arbitration Procedure.
    (b) Referrals. The Exchange may receive, investigate and take
disciplinary action with respect to any referral it receives from a
NASD DR arbitrator of any matter which comes to the attention of such
arbitrator during and in connection with the arbitrator's participation
in a proceeding, either from the record of the proceeding or from
material or communications related to the proceeding, that the
arbitrator has reason to believe may constitute a violation of the
Exchange's Rules or the federal securities laws.
    (c) Failure to Arbitrate or to Pay an Arbitration Award. Any member
organization or associated person who fails to submit to arbitration a
matter required to be arbitrated pursuant to this Rule, or that fails
to honor an arbitration award made pursuant to the NASD DR Codes of
Arbitration Procedure, or made under the auspices of any other self-
regulatory organization, shall be subject to disciplinary proceedings
in accordance with Exchange Rule 476.
    (d) Other Actions. The submission of any matter to arbitration as
provided for under this Rule shall in no way limit or preclude any
right, action or determination by the Exchange that it would otherwise
be authorized to adopt, administer or enforce.
* * * * *

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

    In its filing with the Commission, NYSE included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the

places specified in Item IV below. NYSE 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 provide guidance
regarding both new and pending arbitration claims in light of the
consolidation of the member firm regulation function of NYSE Regulation
into NASD DR. NYSE Arbitration currently administers an arbitration
program for NYSE Regulation, governed by NYSE Regulation Rules 600
through 639. NYSE Arbitration also administers a program for NYSE Arca,
Inc. (``NYSE Arca'') and NYSE Arca Equities, Inc. (``NYSE Arca
Equities''), governed by what is referred to as ``Rule 12.'' \6\
---------------------------------------------------------------------------

    \6\ NYSE Arca and NYSE Arca Equities have two separate rules
that govern arbitrations, one for Equity Trading Permit (``ETP'')
holders, and one for Option Trading Permit (``OTP'') holders and OTP
firms; both rules are known as ``Rule 12.'' Although Rule 12 has
subsequently been amended, for purposes of administering NYSE Arca
and NYSE Arca Equities arbitrations filed on or prior to January 31,
2007, NYSE Arbitration follows Rule 12 as it was in effect on that
date.
---------------------------------------------------------------------------

    As part of the consolidation of NYSE Regulation with NASD,\7\ NYSE
Regulation will cease to administer an arbitration program, and its
existing arbitration department will be consolidated with NASD DR. As a
result, on and after the date of the consolidation, all arbitration
claims filed prior to the Effective Date, and previously subject to
NYSE Regulation rules and administration, will be administered by NASD
DR pursuant to a Regulatory Services Agreement with the NYSE.
---------------------------------------------------------------------------

    \7\ Additional information regarding the consolidation may be
found in: SR-NASD-2007-23 (March 19, 2007) concerning proposed
amendments to the By-Laws of NASD to implement governance and
related changes to accommodate the consolidation of the member firm
regulatory functions of NASD and NYSE Regulation, Inc.; and SR-NYSE-
2007-22 (February 27, 2007) concerning proposed amendments to
several NYSE rules which, among other matters, harmonize the rules
with corresponding NASD regulatory requirements.
---------------------------------------------------------------------------

    The rules governing the administration of any particular
arbitration will depend on the date the case was filed. This will
ensure that any person that filed an arbitration under a particular set
of arbitration rules will continue to have the case administered
pursuant to those rules through to the case's conclusion. There are two
categories of cases. First, NYSE arbitration cases filed before the
Effective Date will continue to be governed by existing NYSE Regulation
arbitration rules, as would pending NYSE Arca and NYSE Arca Equities
cases filed on or after February 1, 2007.\8\ Second, those NYSE Arca
and NYSE Arca Equities cases filed on or prior to January 31, 2007 are
(and will continue to be) governed by Rule 12.
---------------------------------------------------------------------------

    \8\ See Release No. 34-55142 (January 19, 2007), 72 FR 3898
(January 26, 2007) (SR-NYSEArca-2006-54) and Release No. 34-55141
(January 19, 2007), 72 FR 3897 (January 26, 2007) (SR-NYSEArca-2006-
55).
---------------------------------------------------------------------------

    Proposed Exchange Rule 600A provides detailed guidance concerning
claims involving member organizations and/or associated persons that
are asserted on and after the Effective Date. First, any dispute, claim
or controversy between or among member organizations and/or associated
persons shall be arbitrated pursuant to the NASD DR Codes of
Arbitration Procedure. Second, any dispute, claim or controversy
between a customer or a non-member and a member organization and/or
associated person arising in connection with the business of such
member organization and/or in connection with the activities of an
associated person shall be arbitrated pursuant to NASD DR Codes of
Arbitration Procedure as provided by any duly executed and enforceable
written agreement, or upon the demand of the customer or non-member.
Note that the obligation to arbitrate shall extend only to those
matters that are permitted to be arbitrated under NASD DR Codes of
Arbitration Procedure.
    In almost all cases the change from NYSE to NASD DR arbitration
rules should not result in material, substantive differences to persons
participating in the arbitration process. However, one difference is
the treatment of employment discrimination claims. NASD DR rules
provide that any claim alleging employment discrimination, including
any sexual harassment claims, in violation of a statute, will be
eligible for arbitration pursuant to either a pre-dispute or a post-
dispute agreement to arbitrate. In contrast, Exchange Rule 600(f) and
Exchange Rule 347(b) permit claims to be arbitrated only when the
parties have agreed to arbitrate the claim after it has arisen.
    Rule 347(a) provides that a controversy between a registered
representative and a member organization ``arising out of the
employment or termination of employment of such registered
representative'' shall be arbitrated at the request of any party. These
employment claims would continue to be covered by NASD DR Rule
13200(a), which requires the arbitration of disputes arising out of the
``business activities'' of a member or an associated person and is
between or among members, members and associated persons, or associated
persons.\9\ Accordingly, Rule 600 would be amended, as described below,
to provide that Rule 347 would apply only to claims filed before the
Effective Date.
---------------------------------------------------------------------------

    \9\ Telephone conversation among Jean Feeney, Vice President,
NASD; Lourdes Gonzalez, Assistant Chief Counsel--Sales Practices,
Commission; and Michael Hershaft, Special Counsel, Commission (June
27, 2007).
---------------------------------------------------------------------------

    Rule 600A will explicitly retain the Exchange's enforcement
authority related to arbitration. In appropriate cases, arbitrators
refer to the Exchange potential violations of the Exchange's Rules or
the federal securities laws that come to their attention during and in
connection with a proceeding. Rule 600A will specify that the Exchange
will retain the ability to take action based on such referrals that may
come from arbitrators in cases being arbitrated at NASD DR.
    Rule 600A will also retain the substance of current Exchange Rule
637, regarding the obligation to honor arbitration awards. It will
provide that any Exchange member organization, or associated person of
any Exchange member organization, that fails to honor an award of
arbitrators rendered under the NASD DR Codes of Arbitration Procedure,
or under the auspices of any other self-regulatory organization, shall
be subject to disciplinary proceedings in accordance with Exchange Rule
476. It will also specify that failure to submit a matter to
arbitration as required by Rule 600A will also subject the member
organization to Exchange disciplinary action.
    Rule 600A will also specify that the submission of any matter to
arbitration as provided for under the Rule shall in no way limit or
preclude any right, action or determination by the Exchange that it
would otherwise be authorized to adopt, administer or enforce.
    Finally, Supplementary Material added to existing Rule 600, and to
become effective on the Effective Date, will specify that the current
NYSE arbitration rules, Rules 600 through 639 and Rule 347, will
thereafter apply only to arbitrations filed prior to the Effective Date
and will be otherwise of no force or effect. The Supplementary Material
will also specify that arbitrations filed with NYSE Arca or NYSE Arca
Equities on or prior to January 31, 2007 will continue to be governed
by those organizations' Rule 12. This will ensure that those who filed
arbitrations under a particular set of arbitration rules will continue
to have their cases

administered pursuant to those same rules through to the cases'
conclusion. The Supplementary Material will also note that on and after
the date of the consolidation, all outstanding arbitrations filed prior
to the Effective Date shall, until concluded, be administered by NASD
DR pursuant to a Regulatory Services Agreement with the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b)(5) \10\ of the Act, which
requires, among other things, that the rules of an Exchange be designed
to promote just and equitable principles of trade and to protect
investors and the public interest. The proposed rule change will
streamline the arbitration process and provide for a unified and more
efficient arbitration forum with one set of arbitration rules and
administrative procedures. This will allow resources to be devoted to
maintaining and improving the NASD DR program, rather than splitting
resources between two mainly duplicative programs. As a result of these
improvements, the proposed rule change will better protect investors
and the public interest.
---------------------------------------------------------------------------

    \10\ 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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Exchange 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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2007-48 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.

All submissions should refer to File number SR-NYSE-2007-48. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. 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-2007-48 and should be
submitted on or before August 1, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13468 Filed 7-10-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Page 77994]
[FR Doc No: 2011-32149]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-25-000; RP12-220-000 (cancelled)]

Brian Hamilton v. El Paso Natural Gas, El Paso Western Pipelines;
Notice Announcing Docket Number Change

    On December 2, 2011, the Commission issued a notice in docket
number RP12-220-000. Notice of Complaint, December 2, 2011.
Commission's staff has decided to cancel the original docket number,
RP12-220-000 and give the proceeding a new docket number. This notice
changes the docket number of the proceeding to CP12-25-000 as
referenced above.
    The docket number change does not affect the original comment due
date of this proceeding, which is December 21, 2011.

    Dated: December 8, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-32149 Filed 12-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 23982-23983]
[FR Doc No: 2014-09695]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Pediatric Clinical Investigator Training Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

SUMMARY: The Food and Drug Administration's (FDA) Office of Pediatric
Therapeutics (OPT) and the Center for Drug Evaluation and Research are
announcing a 1-day public

workshop entitled ``Pediatric Clinical Investigator Training.'' The
purpose of this workshop is to provide investigators with training and
expertise in designing and conducting clinical trials in pediatric
patients that will lead to appropriate labeling. The training course is
intended to provide investigators with a clear understanding of some of
the challenges of studying products in the pediatric population when
the data are intended to be used to support product labeling, an
overview of extrapolation as it relates to the pediatric population, a
familiarity with FDA processes and timelines that are specific to
pediatric product development, and an overview of ethically appropriate
methods related to the design of clinical trials in the pediatric
population.

DATES: The public workshop will be held on September 22, 2014, from 8
a.m. to 5:30 p.m.

ADDRESSES: The public workshop will be held at the Pooks Hill Marriott,
5151 Pooks Hill Rd., Bethesda, MD 20814. The hotel's telephone number
is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Terrie L. Crescenzi, Office of
Pediatric Therapeutics, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-
847-8640, email<EMAIL_ADDRESS>or Betsy Sanford, Office
of Pediatric Therapeutics, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-
847-8640<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In July 2012, the Food and Drug Administration Safety and
Innovation Act (Pub. L. 112-144) made permanent the pediatric
initiatives, Best Pharmaceuticals for Children Act and Pediatric
Research Equity Act, which have stimulated pediatric research over the
past 15 years. Though much progress has been made, pediatric trials for
the purpose of developing product use parameters and information are
still performed much less frequently than adult trials. As such,
current standards for trials are much more oriented to adult
scientific, ethical, and clinical processes. This situation is due, in
part, to the fact that pediatric trials have a number of unique
attributes and requirements, which must be met if the data are to be
accepted or used by FDA.
    The development of safe and effective products in the pediatric
population presents many challenges. These challenges include trial
design, appropriate endpoints, extrapolation of data from adults, and
ethical issues. It is extremely important that pediatric researchers
recognize and understand the challenges and differences between the
standards for adult trials and pediatric trials. Researchers are
responsible for ensuring the safe and ethical treatment of pediatric
patients and obtaining adequate and reliable data to support regulatory
decisions. There is a critical need for further pediatric research on
medical products to obtain additional data, which will help ensure that
these products are safe and effective in the pediatric population. We
are able to obtain data and information in older children; however, the
challenge of obtaining data from non-verbal children and neonates is
much more difficult. This need reinforces our responsibility to educate
clinical investigators to assure that children are only enrolled in
research that is scientifically necessary, ethically sound, and
designed to meet the challenges of review by FDA.

II. Participation in the Public Workshop

A. Registration

    There is no fee to attend the public workshop, but attendees should
register in advance. Space is limited, and registration will be on a
first-come, first-served basis. Persons interested in attending this
workshop must register online by sending an email to<EMAIL_ADDRESS>before September 8, 2014, and include the following information: Name,
title, affiliation, email address, and telephone number. For those
without Internet access, please contact Terrie L. Crescenzi or Betsy
Sanford (see FOR FURTHER INFORMATION CONTACT) to register. In the event
that a minimum number of participants have not registered, the workshop
will be postponed. Registered participants will be notified of any
change. Registration on the day of the public workshop will be provided
on a space available basis beginning at 8 a.m.
    Registration information, the agenda and additional background
materials can be found at http://www.fda.gov/NewsEvents/MeetingsConferencesWorkshops/ucm392506.htm.
    If you need special accommodations due to a disability, please
contact Betsy Sanford (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance. Persons attending the course are advised that FDA is
not responsible for providing access to electrical outlets.

B. Videotaping

    The workshop will be videotaped and available on the Internet at
http://wcms.fda.gov/FDAgov/NewsEvents/MeetingsConferencesWorkshops/ucm392506.htm?ssSourceSiteId=null&SSContributor=true, approximately 30
days after the workshop.

    Dated: April 23, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-09695 Filed 4-28-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54766-54767]
[FR Doc No: 2011-22514]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at a Hearing Before the Arkansas
Public Service Commission

    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the hearing noted below. Their
attendance is part of the Commission's ongoing outreach efforts.
    The Arkansas Public Service Commission will hold an evidentiary
hearing involving Entergy Arkansas, Inc. (EAI) in Docket No. 10-011-U
beginning at 8:30 a.m. on September 7, 2011. The hearing involves
issues surrounding EAI's membership in the Entergy System Agreement, or
any successor agreement and control of its transmission system.
    The hearing will be held in Hearing Room 1, Arkansas Public Service
Commission Building, 1000 Center Street, Little Rock, Arkansas.
    The discussions may address matters at issue in the following
proceedings:

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

----------------------------------------------------------------------------------------------------------------
Docket No. OA07-32..........................  Entergy Services, Inc.
Docket No. EL00-66..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL01-88..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL07-52..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL08-51..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL08-60..........................  Ameren Services Co. v. Entergy Services, Inc.

Docket No. EL09-43..........................  Arkansas Public Service Commission v. Entergy Services, Inc.
Docket No. EL09-50..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL09-61..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL10-55..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL10-65..........................  Louisiana Public Service Commission v. Entergy Services, Inc.
Docket No. EL11-34..........................  Midwest Independent System Transmission Operator, Inc.
Docket No. ER05-1065........................  Entergy Services, Inc.
Docket No. ER07-682.........................  Entergy Services, Inc.
Docket No. ER07-956.........................  Entergy Services, Inc.
Docket No. ER08-1056........................  Entergy Services, Inc.
Docket No. ER09-833.........................  Entergy Services, Inc.
Docket No. ER09-1224........................  Entergy Services, Inc.
Docket No. ER10-794.........................  Entergy Services, Inc.
Docket No. ER10-1350........................  Entergy Services, Inc.
Docket No. ER10-1676........................  Entergy Services, Inc.
Docket No. ER10-2001........................  Entergy Arkansas, Inc.
Docket No. ER10-2161........................  Entergy Texas, Inc.
Docket No. ER10-2748........................  Entergy Services, Inc.
Docket No. ER10-3357........................  Entergy Arkansas, Inc.
Docket No. ER11-2131........................  Entergy Arkansas, Inc.
Docket No. ER11-2132........................  Entergy Gulf States, Louisiana, LLC
Docket No. ER11-2133........................  Entergy Gulf States, Louisiana, LLC
Docket No. ER11-2134........................  Entergy Mississippi, Inc.
Docket No. ER11-2135........................  Entergy New Orleans, Inc.
Docket No. ER11-2136........................  Entergy Texas, Inc.
Docket No. ER11-2161........................  Entergy Texas, Inc.
Docket No. ER11-3156........................  Entergy Arkansas, Inc.
Docket No. ER11-3157........................  Entergy Arkansas, Inc.
Docket No. ER11-3274........................  Entergy Arkansas, Inc.
Docket No. ER11-3728........................  Midwest Independent Transmission System Operator, Inc.
Docket No. ER11-3657........................  Entergy Arkansas, Inc.
Docket No. ER11-3658........................  Entergy Arkansas, Inc.
----------------------------------------------------------------------------------------------------------------

    This hearing is open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: August 29, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-22514 Filed 9-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Notices]
[Page 6215]
[DOCID:fr08fe10-71]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0032]

Houston/Galveston Navigation Safety Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of meetings.

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

SUMMARY:  The Houston/Galveston Navigation Safety Advisory Committee
(``HOGANSAC'' or ``the Committee'') and its working groups will meet in
Houston, Texas to discuss waterway improvements, aids to navigation,
area projects impacting safety on the Houston Ship Channel, and various
other navigation safety matters in the Galveston Bay area. All meetings
will be open to the public.

DATES: The Committee will meet on Thursday, March 11, 2010 from 9 a.m.
to 12 p.m. The Committee's working groups will meet on Thursday,
February 25, 2010 from 9 a.m. to 12 p.m. These meetings may close early
if all business is finished. Written material and requests to make oral
presentations should reach the Coast Guard on or before March 4, 2010.
Requests to have a copy of your materials distributed to each member of
the committee or working group should reach the Coast Guard on or
before February 24, 2010. All comments and related material submitted
after the meeting must be received by the Coast Guard on or before
April 11, 2010.

ADDRESSES: The Committee and working groups will meet at Western Gulf
Maritime Association (WGMA), 1717 East Loop, Suite 200, Houston, Texas
77029,<PHONE_NUMBER>. Send written material and requests to make oral
presentations to Commander Michael Zidik, Designated Federal Officer
(DFO) of HOGANSAC, CG SEC Houston-Galveston, 9640 Clinton Drive,
Houston, TX 77029. This notice and documents identified in the
SUPPLEMENTARY INFORMATION section as being available in the docket may
be viewed in our online docket, USCG-2010-0032, at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
meeting, please call or e-mail Lieutenant Junior Grade Margaret Brown,
Waterways Management Branch, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of these meetings is given pursuant
to the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agendas of the Meetings

    Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC).
The tentative agenda is as follows:
    (1) Opening Remarks by the Committee Sponsor (RADM Landry) and
Chairperson (Ms. Tava Foret).
    (2) Approval of May 19, 2009 minutes.
    (3) Old Business.
    (a) Navigation Operations (NAVOPS)/Maritime Incident Review
subcommittee report;
    (b) Dredging subcommittee report;
    (c) Technology subcommittee report;
    (d) Waterways Optimization subcommittee report;
    (e) Commercial Recovery Contingency (CRC) Subcommittee replacement
needed (vote required by group).
    (f) HOGANSAC Outreach subcommittee report;
    (g) Area Maritime Security Committee (AMSC) Liaison's report.
    (4) New Business.
    (a) Towing Vessel Bridging Program Explanation.
    (b) State of the Waterways Address.
    (5) Announcements.
    (a) PAWSA Completion and VTSA Change Request.
    (b) Schedule Next Meetings.
    Working Groups Meeting. The tentative agenda for the working groups
meeting is as follows:
    (1) Presentation by each working group of its accomplishments and
plans for the future;
    (2) Review and discuss the work completed by each working group;
    (3) Put forth any action items for consideration at full committee
meeting.

Procedural

    Both meetings are open to the public. Please note that meetings may
close early if all business is finished. At the Chairs' discretion,
members of the public may make oral presentations during the meetings.
If you would like to make an oral presentation at the Committee
meeting, please notify the DFO no later than March 4, 2010. Written
material for distribution at a meeting should reach the Coast Guard no
later than February 24, 2010. If you would like a copy of your material
distributed to each member of the Committee in advance of the meetings,
please submit 19 copies to the Coast Guard no later than February 24,
2010.

Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Lieutenant Junior Grade Margaret Brown at the telephone number
or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT
section of this notice.

    Dated: January 23, 2010.
M.E. Woodring,
Captain, U.S. Coast Guard Commander, Sector Houston-Galveston.
[FR Doc. 2010-2618 Filed 2-5-10; 8:45 am]
BILLING CODE 9110-04-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for the regulations published at 40 CFR Part 60, Subpart HH were proposed on May 3, 1977, and promulgated on April 26, 1984. These regulations apply to the following facilities in 40 CFR Part 60, Subpart HH: each rotary lime kiln used in lime manufacturing, which commenced construction, modification or reconstruction after May 3, 1977. The standards do not apply to facilities used in the manufacture of lime at kraft pulp mills. This information is being collected to assure compliance with 40 CFR Part 60, Subpart HH.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) Regional Office.

Approximately 51 sources are currently subject to the regulation, and it is estimated that one additional source per year will become subject to the regulation in the next three years.

The Office of Management and Budget ( OMB) requested that EPA address the following " Terms of Clearance" in the re submission of this ICR for extension:

This ICR is approved for three years. This ICR assumes that no new sources will report to EPA during the next three years. Before re submission of this ICR for extension, the agency should revisit the estimate for the number of new lime manufacturing plants and demonstrate to OMB that the estimates are consistent with agency experience. Further, the agency should revise wage estimates to reflect guidance provided by EPA and/ or OMB. 2 EPA's Online T existing lime manu environmental staff a next three years. Howev undergo modifications such one additional facility per year This ICR used a revised technical la Bureau of Labor Statistics, March 2001 for the benefit packages available to those Estimating Labor Costs , for additional information. In addition, this Office of Planning and Management ( OPM)

on the Agency. See Section 6( c), Estimating Agency Burden and Cost , for additional information.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.

Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT).

Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports;

( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require. 3 In the Administrator's or contribute to air pollu welfare. Therefore, NS Subpart HH.

2( b) Practical Utility/ Users of the The control of emissions of particulate ma installation of properly designed equipment,

equipment. Emissions of particulate matter from the affected facilities. The subject standards are ac emissions using wet scrubbers. The notifications requ inform the Agency or delegated authority when a source the regulations. The reviewing authority may then inspect t control devices are properly installed and operated and/ or leak and the regulations are being met. Performance test reports are n record of a source's initial capability to comply with the emission sta of the operating conditions under which compliance was achieved. The used for problem identification, as a check on source operation and mainte compliance determinations. EPA reduced the reporting frequency for this inf quarterly to semiannually in a December 1990 Federal Register Notice. The red reporting frequency was in response to OMB's previous questions regarding the nee quarterly versus semiannual reporting. The information generated by monitoring,

recordkeeping and reporting requirements described in this ICR is used by the Agency to that facilities affected by the NSPS continue to operate the control equipment and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting is necessa to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR Part 60,

Subpart HH.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists. 4 3( b) Public Notice R An announcement of a pub in the Federal Register on Jun 3( c) Consultations This section is intended to reflect addition the First Federal Register Notice ( FFRN). C conducted to determine the industry growth rate of new affected facilities over the next three years.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margi are continuing to meet the standards. Requirements for informati are useful techniques to ensure that good operation and maintenance emission limitations are met. If the information required by these stand frequently, the likelihood of detecting poor operation and maintenance of noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality The required information has been determined not to be confidential. However, any information submitted to the Agency for which a claim confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B

Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976;

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674,

March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions. 5 4. The Responden 4( a) Respondents/ SIC C The respondents to the recordke plants that commenced constructio code for the respondents affected by t Classification) 3274 which corresponds Classification System) 32741 for lime manu 4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is require Subpart HH.

A source must make the following reports:

Reports for 40 CFR Part 60, Part HH Notification of construction/ reconstruction 60.7( a)( 1)

Notification of actual startup 60.7( a)( 3)

Notification of any physical or operational change 60.7( a)( 4)

Notification of demonstration of Continuous Monitoring System ( CMS) 60.7( a)( 5)

Notification of the anticipated date of the performance test 60.7( a)( 6)

Notification that continuous monitoring system data will be used to determine compliance 60.7( a)( 7)

Initial performance test results 60.8( a)

Semiannual excess emissions report 60.7( c)

A source must maintain the following records:

Recordkeeping for 40 CFR Part 60, Subpart HH Record of startups, shutdowns, and malfunctions 60.7( b)

Records are required to be retained for two years 60.7( f) 6 ( ii) Respondent Ac Respondent Activities Read instructions.

Install, calibrate, maintain, and opera pressure for wet scrubber.

Perform initial performance test, Reference necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing,

systems for the purpose of collecting, validating, and verifying i Develop, acquire, install, and utilize technology and systems for the p maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage,

and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records. 7 Agency Activitie Input, analyze, and ma Facility Subsystem ( AFS 5( b) Collection Methodolo Following notification of startup, t determine whether the pollution contr test reports are used by the Agency to di emission standard. Data and records mainta for use in compliance and enforcement progra identification, as a check on source operation and determinations.

Information contained in the reports is entered into AFS w by EPA's Office of Enforcement and Compliance Assurance.

collection, maintenance, and retrieval of compliance data for ov government owned facilities. EPA uses AFS for tracking air pollu enforcement by local and State regulatory agencies, EPA Regional Of Headquarters. EPA and its delegated authorities can edit, store, retrieve The records required by this regulation must be retained by the owner or opera years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Annual Burden of Reporting and Recordkeeping Requirements, NSPS For Lime Manufacturing ( 40 CFR Part 60, Subpart HH).

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for 40 CFR Part 60, Subpart HH. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and 8 major assumptions ha The Agency may not co collection of information un 6( a) Estimating Respondent Bu The average annual burden to industry and reporting requirements is estimated to These hours are based on Agency studies and regulation, Agency knowledge and experien approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 57.12 per hour. This rate States Department of Labor, Bureau of Labor Statistics, March 2001, " T by occupational and industry group." The rate is from column 1, " Total co wage rate has been increased by 110% to account for the benefit packages av employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activity in the regulations are for labor and continuous opacity monitoring ( COM). The capital/ startup costs a one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Startup Cost ($) for One Affected Facility ( C) Number of New Affected Facilities to Startup ( D) Total Startup ( BxC) ( E) Annual O& M Costs ($) for One Affected Facility ( F) Number of Affected Facilities with O& M ( G) Total O& M ( E X F)

Continuous Opacity Monitor $ 15,000 1 $ 15,000 $ 1,500 51 $ 76,500 9 The estimated cost $ 15,000. This estimat column D in the above ta capital/ startup costs, on the the OMB 83 I form are rounde The total operation and maintenance total of column G. These costs are show OMB 83 I form. The numbers in block 14 thousands of dollars.

The total respondent non labor costs in block 14 ha the capital/ startup costs, and the annual operation and cost for capital/ startup and operation and maintenance co of the ICR is estimated to be $ 91,500. This cost is shown on Total annualized cost requested. The numbers in block 14 of th show the cost in thousands dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the re information. Publication and distribution of the information are part of the AFS Examination of records to be maintained by the respondents will occur as part of the inspection of sources, which is part of EPA's overall compliance and enforcement prog The average annual Agency cost during the three years of the ICR is estimated to be $ 2,766.94 [ see Table 1: Average Annual EPA Resource Requirement, NSPS For Lime Manufacturing ( 40 CFR Part 60, Subpart HH)]. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 38.30. This rate is from the Office Planning and Management ( OPM) " 2002 General Schedule" which excludes locality rates of pay.

6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe and Number of Responses Per Year Regulation Citation ( A) Average Number of New Respondents per Year ( B) Number of Reports for New Sources ( C) Number of Existing Respondents ( D) Number of Reports for Existing Sources ( F) Number of Respondents that keep records but do not submit reports ( E) Total Annual Responses = ( AxB)+( CxD)+ F 40 CFR Part 60, Subpart HH 1 4 51 2 0 106 The number of total respondents is 52. This represents the number of existing sources 10 plus the number of Number of responden The number of Total Annua Respondent Universe and Num annual responses, on the OMB 83 The total annual labor costs are $ 253,25 form in block 13( c), Total hours requested Details upon which this estimate is based app Recordkeeping Requirements, NSPS For Lime M The total annual capital and O& M costs to the regulate is shown on the OMB 83 I form in block 14( c), Total ann detailed in Section 6( b)( iii), Capital/ Startup vs. Operation an 6( e) Bottom Line Burden Hours Burden Hours And Cost Tab The bottom line burden hours and cost tables for both the Agency and th attached.

6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to an adjustment.

increase in burden from most recently approved ICR is primarily due to an increase in number of existing sources as a result of more accurate estimates of existing and anticipated sources. In addition, a revised technical labor rate resulted in an increase in the respondent cost burden from the previous ICR.

6( g) Burden Statement Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 42 hours per response. Burden means the total time, effort,

or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions;

develop, acquire, install, and utilize technology and systems for the purposes of collecting,

validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information;

search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under 11 Docket ID No. OECA 2002 0007, which is available for public viewing at the Enforcement and Compliance Docket and Information Center ( ECDIC) Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center ( ECDIC) is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OECA 2002 0007) OMB control number 2060 0063 in any correspondence.

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


[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45650-45653]
[FR Doc No: 2017-20889]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81714; File No. SR-CBOE-2017-062]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Permit the Exchange To Publish End-of-Day
Indicative Values in SPX After the Close of Regular Trading Hours in
SPX

September 25, 2017.
    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 September 18, 2017, 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 Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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 a process for disseminating two-
sided indicative values in non-expiring series of S&P 500 Index
(``SPX'') options, when necessary, in the interests of fair and orderly
markets (``End-of-Day Indicative Values'').
    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's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item 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
    The Exchange proposes to amend Interpretation and Policy .06 to
Rule 6.2B (Hybrid Opening (and Sometimes Closing) System (``HOSS'')) to
establish its aftermarket procedure for generating two-sided indicative
values in certain series of SPX options (including series of SPX and
SPXW). Specifically, proposed paragraph (a) would contain the current
text of Interpretation and Policy .06 to Rule 6.2B, which the Exchange
is not proposing to change, regarding the Exchange's end-of-month
process for disseminating after the close of trading bid and offer
quotations that reflect a designated Lead Market-Maker's (``LMM's'')
calculated theoretical fair value of non-expiring series of SPX options
as of time of the close of trading in the underlying cash market on the
last business day of each calendar month. Proposed paragraph (b) of
Interpretation and Policy .06 to Rule 6.2B would establish the
Exchange's process for generating two-sided indicative values for non-
expiring series of SPX options when the Exchange determines that it is
necessary to publish such values in the interests of fair and orderly
markets on trading days other than the final business day of a calendar
month. The specific provisions of proposed paragraph (b) to
Interpretation and Policy .06 to Rule 6.2B are discussed in detail
below.
Background
    The Exchange's opening and closing procedures are codified in Rules
6.2 (Trading Rotations), 6.2B (Hybrid Opening System (``HOSS'')), and
24.13 (Trading Rotations).\5\ In addition to describing the Exchange's
normal opening and closing procedures, the Rules also provide for
deviations from the Exchange's regular opening and closing procedures,
which, from time-to-time, the Exchange employs in the interests of fair
and orderly markets under certain circumstances.\6\ Pursuant to Rules
6.2, 6.2A, 6.2B and 24.13, the Exchange may, in the interests of a fair
and orderly market, decide to employ special closing procedures after
the normal close of a trading session.\7\ For example, Interpretation
and Policy .02 to Rule 6.2 provides that a closing trading rotation may
be conducted in non-expiring options whenever two Floor Officials
conclude, in their judgment, that such action is

appropriate. Among the factors that may be considered in determining
whether to conduct a closing rotation are whether there has been a
recent opening or reopening of trading in the underlying security, a
declaration of a ``fast market'' pursuant to Rule 6.6,\8\ a need for a
rotation in connection with expiring individual security options, an
end of the year rotation, or the restart of a rotation which is already
in progress.\9\ Notably, Interpretation and Policy .02 to Rule 6.2
explicitly provides that the list of examples identified as factors
that may be considered in determining whether to employ a closing
rotation are exemplary, not exhaustive. In addition, Rule 6.2 expressly
provides that the DPM or LMM appointed in the class may, with the
approval of senior Help Desk personnel, deviate from any rotation
policy or procedure issued by the Exchange. Such deviations from normal
policies and procedures may include, for example, determinations to
employ abbreviated closing rotation procedures pursuant to
Interpretation and Policy .04 to Rule 6.2.
---------------------------------------------------------------------------

    \5\ Additional opening procedures for classes that are not
traded on the Hybrid Trading System are also contained in Rule 6.2A
(Rapid Opening System). The ``Hybrid Trading System'' refers to the
Exchange's trading platform that allows Market-Makers to submit
electronic quotes in their appointed classes and any connectivity to
the foregoing trading platform that is administered by or on behalf
of the Exchange, such as a communications hub. ``Hybrid 3.0
Platform'' is an electronic trading platform on the Hybrid Trading
System that allows one or more quoters to submit electronic quotes
which represent the aggregate Market-Maker quoting interest in a
series for the trading crowd. References to ``Hybrid,'' ``Hybrid
System,'' or ``Hybrid Trading System'' in the Exchange's Rules
include all platforms unless otherwise provided by rule, including
both the Hybrid and Hybrid 3.0 platforms. See Rule 1.1(aaa)
(Definitions--Hybrid Trading System). Currently, all classes traded
on the Exchange are traded on the Hybrid System as defined under
Rule 1.1(aaa), with standard SPX options contracts being the only
group of series of any class that is traded on the Hybrid 3.0
Platform.
    \6\ Although Rule 6.2 pertains to trading rotations,
Interpretation and Policy .02 to Rule 6.2 provides that the
Designated Primary Market-Maker (``DPM'') or LMM appointed in the
class may deviate from any rotation policy or procedure issued by
the Exchange with the approval of two Floor Officials. Rule 6.2B(h)
is silent as to the type of closing procedure that may be employed
in the interests of a fair and orderly market. Rule 24.13 references
Rules 6.2 and 6.2B, indicating that the procedures set forth in
those rules may be employed with respect to index options.
    \7\ See Rules 6.2.02, 6.2.03, 6.2.05, 6.2B(h), 6.2B(f), and
24.13.01.
    \8\ See Rule 6.6(a) (Unusual Market Conditions) (Whenever in the
judgment of any two Floor Officials, because of an influx of orders
or other unusual conditions or circumstances, the interest of
maintaining a fair and orderly market so require, those Floor
Officials may declare the market in one or more classes of option
contracts to be ``fast.'').
    \9\ See Rule 6.2.02.
---------------------------------------------------------------------------

    Similarly, Rule 6.2B(g) permits the Exchange to employ a closing
rotation in series traded on the Hybrid Trading System. Under Rule
6.2B(h), the Exchange may decide to employ a closing rotation in a
series after the end of the normal close of any trading session
whenever the Exchange concludes that such action is appropriate in the
interests of a fair and orderly market. Similar to Interpretation and
Policy .02 to Rule 6.2, the list of factors that may be considered in
determining whether to hold a closing rotation procedure include, but
are not limited to, whether there has been a recent opening or
reopening of trading in the underlying security, a declaration of a
fast market, or a need for a closing procedure in connection with
expiring individual security options, an end of the year procedure, or
the restart of a procedure which is already in progress. Rule 6.2B(g)
provides that senior Help Desk personnel and senior management may
deviate from the standard manner of conducting a closing rotation in
any option class if necessary in the interests of maintaining a fair
and orderly market. Similarly, Rule 24.13 extends the closing rotation
procedures in Rules 6.2 and 6.2B to index options products.\10\
---------------------------------------------------------------------------

    \10\ Under Rule 24.13 (Trading Rotations), the Exchange may
provide for the opening rotation to be conducted using the
procedures as described in this Rule 24.13 or in Rule 6.2, or by use
of the Exchange's Rapid Opening System as set forth in Rule 6.2A or
the Exchange's Hybrid Opening System as set forth in Rule 6.2B. The
DPM, LMM or Order Book Official (``OBO''), with the approval of two
Floor Officials, may deviate from any rotation policy or procedure
issued by the Exchange when they conclude in their judgment that
such action is appropriate in the interests of a fair and orderly
market.
---------------------------------------------------------------------------

    In general, the Exchange's end-of-day bid and offer quotations are
determined based on actual bids and offers displayed in market as of
the close of trading on the Exchange. These final end-of-day bids and
offer are used by various market participants, which may include
broker-dealers, mutual funds, hedge funds, advisory firms, and clearing
houses, for different business and risk-related functions such as
portfolio performance analyses, daily profit and loss reports. On
certain trading days, however, market conditions may cause Market-
Makers to widen or remove their quotes from the market during the final
moments of trading in order to mitigate the risk and uncertainty
associated with carrying overnight positions and the possibility of
hedges being unavailable to offset such risk after the close of
trading. Additionally, synchronization issues may cause Market-Makers
to widen or remove their quotes from the market during the final
moments of trading if their feed from the underlying futures markets
are not synchronized with the Exchange's close of trading. In these
instances, resulting quotations may not reflect true market pricing,
which may artificially affect the Net Asset Value (``NAV'') of mutual
funds, portfolio managers' performance indicators, and institutional
and retail capital requirements. Consistent with the discretion
afforded to the Exchange under Rules 6.2A, 6.2B, and 24.13, as
discussed above, the Exchange may conduct special closing procedures to
ensure that the end-of-day pricing is consistent with actual market
conditions as of the close of trading if it concludes that deviation
from the Exchange's standard closing procedures is appropriate in the
interests of fair and orderly markets. In such cases, in addition to
publishing the actual end-of-day bid and offer quotations displayed in
market as of the close of trading, the Exchange provides notice to
Trading Permit Holders (``TPHs'') that a second set of quotations,
determined based on an objectively selected Market-Maker's
algorithmically generated bid and offer quotations in affected series,
will be disseminated after the close of trading pursuant to special
closing procedures. In an effort to enhance and increase transparency
around the end-of-day process, the Exchange proposes to change the way
that it deals with wide and absent quotations in non-expiring series of
SPX on days other than the final business day of each calendar month by
adding to the Rules a procedure for disseminating clearly marked two-
sided indicative values, derived from previously displayed firm
quotations and orders or generally accepted volatility and options
pricing models after the close of trading.
Proposal
    The Exchange proposes to adopt paragraph (b) to Interpretation and
Policy .06 to Rule 6.2B to describe its end-of-day process for
formulating two-sided indicative values for certain series of SPX
options when necessary in the interests of fair and orderly markets.
Specifically, proposed paragraph (b) of Interpretation and Policy .06
to Rule 6.2B would provide that following the close of trading on any
trading day that is not the last business day of a calendar month, in
addition to the Exchange's regular end-of-day quotations, the Exchange
may determine, on a series-by-series basis, to disseminate two-sided
indicative values in non-expiring series of SPX options in the
interests of fair and orderly markets. Under the proposed rule, the
determination to disseminate two-sided end-of-day indicative values
would be made by the Exchange based on various sets of objective
criteria such as the absence of any bid or offer in the series, whether
the bid-ask differential in a series is unreasonably or extraordinarily
wide in relation to the quote widths that existed in series during
trading, or whether the midpoint between the quotes in the series moved
by a certain amount within the final moments of trading.\11\
---------------------------------------------------------------------------

    \11\ This process would not change the end-of-month fair value
process, which is described in current Interpretation and Policy .06
to Rule 6.2B and which would become paragraph (a) to Interpretation
and Policy .06 to Rule 6.2B under the Exchange's proposal. In
addition, the rule text would provide that the Exchange may
determine, on a series-by-series basis, to disseminate two-sided
indicative values in non-expiring series of SPX options only. This
process would not be applicable to expiring series of SPX options as
those series would be settled at the final cash market closing value
(i.e. intrinsic value at expiration).
---------------------------------------------------------------------------

    The Exchange would algorithmically derive such two-sided indicative
values, on a series-by-series basis, based on the last displayed
quotations and orders that meet an objective measure of reasonability
(e.g., quotes and orders

that create a bid-ask differential that is not wider than a particular
amount) prior to the close of trading. The Exchange notes that quotes
and orders that meet the reasonability criteria typically exist within
15 minutes of the close of trading. In the absence of quotes and orders
in the series that meet the objective reasonability criteria, two-sided
indicative values would be generated using generally accepted
volatility and options pricing models (e.g., Black Scholes) as
determined by the Exchange. The Exchange would apply the model to a set
of data points (i.e. displayed quotations and orders) over a period of
time prior to the close of trading to calculate implied volatility for
all series within the data set and generate a volatility surface.
Outlier data points (wide quotes or no bid series) would be removed
from the calculation pursuant to a set of objective criteria. Using the
derived volatility surface and ensuring that prices do not cross
through closing bid/ask quotes (i.e., model-generated price cannot be
lower than the market's highest bid price or greater than the lowest
offer price), the Exchange would back out midpoint prices for all
series and then generate two-sided indicative values around those
midpoints, and the created spread would vary depending on series. Two-
sided indicative values would be disseminated via the Options Price
Reporting Authority (``OPRA'') and CBOE Streaming Markets (``CSM'').
Consistent with the last sentence of proposed Interpretation and Policy
.06(b) to Rule 6.2B, which provides that two-sided indicative values
would be clearly identified in an appropriate manner as determined by
the Exchange, two-sided indicative values would be sent to OPRA with a
specific message indicator (i.e. message type ``I'') that has been
adopted by OPRA solely for the purpose of disseminating after-market
indicative value information. Pursuant to OPRA message specifications,
the new ``I'' message type would only be applicable to and active for
messages sent after the close of trading of regular trading hours,
which would be enforced to only allow ``I'' messages to be disseminated
after 4:15 p.m. ET. The ``I'' indicator will not be disseminated for
quotes generated during an extended trading hours session. The Exchange
has communicated and worked with other OPRA reporting entities to
ensure that within the industry, the transmission of aftermarket
messages types marked ``I'' is defined within the OPRA message
specifications and understood to be used to delineate informational
two-sided indicative values. Pursuant to the proposed rule text, these
OPRA message specifications and the ``I'' indicator would be further
described and communicated to market participants via Regulatory
Circular.
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.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ 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 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that generating end-of-day
indicative values will serve to protect investors and the public
interest by giving market participants another value to reference, if,
for example, market participants believe the end-of-day indicative
values are more accurate than the actual end-of-day values. The
Exchange believes that the proposed procedure is a reasonable procedure
permitting the Exchange to disseminate informational indicative values
more reflective of actual options values in addition to final end-of-
day displayed quotations when members' systems issues or market
conditions result in an absence of final quotes or extraordinarily wide
final quotes without interfering in the markets or impeding any market
functionalities that rely on accurate pricing or end-of-day quotes. The
Exchange believes that such procedures may be especially appropriate
given the fact that wide or no-bid closing prices may be a reflection
of prudent risk control measures, which may cause market participants
to widen or pull quotations from the market prior to the close of
trading in order to avoid carrying overnight positions or taking on
positions while appropriate hedging instruments are unavailable. The
Exchange also believes that its proposal is consistent with the
Commission's recent emphasis on the need for exchanges to adopt
measures to protect investors by dampening the effects of
unrepresentative market volatility on market participants.\15\
---------------------------------------------------------------------------

    \15\ The Exchange also notes the Commission's emphasis on the
need for exchanges to adopt measures to dampen and protect against
excessive risk and market volatility. See, e.g., 15 U.S.C. 240.15c3-
5 (Risk Management Controls for Brokers or Dealers with Market
Access); Securities Exchange Act Release No. 34-67091 (May 31,
2011), (Order Approving, on a Pilot Basis, the National Market
System Plan to Address Extraordinary Market Volatility), File No. 4-
631. Various exchanges have also instituted precautionary systematic
controls to assist market participants in limiting exposure and
ensuring against excessive risk-taking. See, e.g., Nasdaq ISE, LLC
Rule 804(g) (Automated Quotation Adjustments); Nasdaq Stock Market
LLC Rule 6130 (NASDAQ Kill Switch); see also Rule 8.18 (Quote Risk
Monitor Mechanism).
---------------------------------------------------------------------------

    Additionally, the Exchange believes that the proposed rule change,
which simply proposes to make additional information regarding the
indicative market value(s) of select SPX options available to market
participants after the close of the markets is consistent with its
trading rules and the Act. The proposed rule does not seek to modify
any rules relating to or impacting the way in which options
transactions are handled, represented, executed, or reported on the
Exchange. Rather, the Exchange is simply proposing to make additional
information available to market participants under certain
circumstances in which such information may be informative or useful.
This information would not be disseminated during trading hours and
would be clearly marked to denote that it is informational only. The
Exchange also believes that its proposal is consistent with current
Rules 6.2, 6.2A, 6.2B and 24.13, which provide that the Exchange may,
in the interests of a fair and orderly market, decide to employ the
end-of-day indicative value process after the normal close of a trading
session.

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. The proposed rule change
merely seeks to describe procedures that may be employed at the
Exchange. The proposed procedures will be equally applied to affect all
market participants

equally in the options market. Furthermore, when the Exchange employs
the end-of-day indicative value process, market participants determine
whether to utilize the indicative value.

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 written comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \16\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-2017-062 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-CBOE-2017-062. 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-2017-062, and should be
submitted on or before October 20, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20889 Filed 9-28-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Proposed Rules]
[Page 40303]
[FR Doc No: 2011-17037]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-1002 FRL-9430-8]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Modifications to Indiana Prevention of Significant
Deterioration and Non-Attainment New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve Indiana's modifications to its
Prevention of Significant Deterioration (PSD) and Nonattainment New
Source Review (NNSR) rules. The amendments include grammatical changes,
corrections to numbering, addition of definitions consistent with
Federal PSD and NNSR regulations, and removal of references to
provisions which were vacated in the Federal rules. Indiana submitted
these rule revisions for approval on November 24, 2010. They are
consistent with the current Federal PSD and NNSR regulations.

DATES: Comments must be received on or before August 8, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-1002, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instructions on how to submit
comments.

FOR FURTHER INFORMATION CONTACT: Charmagne Ackerman, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's State Implementation Plan
submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the direct final rule. If no adverse comments are received in response
to this rule, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: June 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-17037 Filed 7-7-11; 8:45 am]
BILLING CODE 6560-50-P