[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Page 8841]
[FR Doc No: 2023-02890]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL23-26-000]

Pacificorp; Notice of Institution of Section 206 Proceeding and
Refund Effective Date

    On February 3, 2023, the Commission issued an order in Docket No.
EL23-26-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation into whether PacifiCorp's
Large Generator Interconnection Procedures are unjust, unreasonable,
unduly discriminatory or preferential, or otherwise unlawful.
PacifiCorp, 182 FERC ] 61,050 (2023).
    The refund effective date in Docket No. EL23-26-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL23-26-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2021), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    Dated: February 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02890 Filed 2-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Notices]
[Pages 46289-46290]
[FR Doc No: 2014-18635]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72740; File No. SR-ISE-2014-31]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Approving Proposed Rule Change on Bid/Offer Differentials
for In-The-Money Option Series

August 1, 2014.

I. Introduction

    On June 4, 2014, the International Securities Exchange, LLC
(``ISE'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend its rules to require that market makers
quoting certain in-the-money options series maintain quotes that are no
wider than the spread between the national best bid and offer
(``NBBO'') in the underlying security. The proposed rule change was
published for comment in the Federal Register on June 20, 2014.\3\ The
Commission received no comment letters on the proposed rule change.
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72399 (June 16,
2014), 79 FR 35396 (June 20, 2014) (``Notice'').
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II. Description

    ISE Rule 803(b)(4)(i) presently permits market makers to submit
quotes with wider bid/offer differentials for in-the-money options
series where the market for the underlying security is wider than the
market maker's regular quotation requirements. In particular, a market
maker quoting an in-the-money options series may submit quotes that are
as wide as the quotation on the primary market of the underlying
security.
    ISE proposes to change this obligation to instead require that
market makers quoting these in-the-money options series maintain quotes
that are no wider than the spread between the NBBO in the underlying
security. ISE believes that measuring the permissible width of a market
maker's quote against the NBBO more accurately reflects the current
trading environment where multiple trading venues contribute to the
prevailing market price of a security underlying an options series
traded on the ISE. Further, ISE explains that a market maker quoting an
in-the-money options series can hedge its position by trading in the
underlying security at the NBBO, which may be narrower than the
quotation on the primary market. In addition, ISE believes that
requiring market makers to post tighter quotes will improve market
quality.

III. Discussion and Commission Findings

    After carefully considering the proposal, the Commission finds that
the proposed rule change is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\4\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\5\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating 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. The Commission notes that the
proposal should improve market quality by narrowing spreads to the
benefit of investors.
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    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-ISE-2014-31), be, and hereby is,
approved.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18635 Filed 8-6-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7660-7661]
[FR Doc No: 2014-02743]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14568-000]

CB Energy Park, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions to Intervene, and
Competing Applications

    On December 2, 2013, CB Energy Park, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Coffin Butte Pumped
Storage Hydro Project (Coffin Butte Project) to be located near Two Dot
in Wheatland County, Montana. The sole purpose of a preliminary permit,
if issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following:

Lower Reservoir

    (1) A 5,000-foot-long, 50-foot-high earth and roller compacted
concrete embankment; (2) a 50-acre lower reservoir with a storage
capacity of 2,500-acre-foot at an elevation of 5,200 feet; (3) a
temporary diversion with a pump and pipeline to bring initial fill
water to the lower reservoir from Miller Creek; (4) a well to bring
groundwater to the project to make up evaporation and seepage losses;
(5) a powerhouse containing two reversible 125-megawatt (MW) turbine/
generator units, for a total installed capacity of 250 MW; and (6) an
approximately 2-mile-long, 230-kilovolt (kV) transmission line
connecting to an existing 500-kV transmission line in the area or a 7-
mile-long, 230-kV transmission line connecting to the existing Two Dot
substation.

Upper Reservoir

    (1) A 4,600-foot-long, 50-foot-high earth and roller compacted
concrete embankment; (2) a 50-acre upper reservoir with a storage
capacity of 2,500-acre-foot at an elevation of 6,240 feet; (3) a 18-
foot-diameter, 5,000-foot-long steel-lined tunnel extending to the
powerhouse; and (4) appurtenant facilities.
    The estimated annual generation of the Coffin Butte Project would
be 880,000 megawatt-hours.
    Applicant Contact: Carl Borgquist, CB Energy Park, LLC, P.O. Box
309, Bozeman, MT 59771; phone:<PHONE_NUMBER>; or Martin J. Weber,
P.E., Stanley Consultants, Inc., 5775 Wayzata Blvd., No. 300,
Minneapolis, MN 55416; phone:<PHONE_NUMBER>.
    FERC Contact: Dianne Rodman,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/

elibrary.asp. Enter the docket number (P-14568-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: February 3, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-02743 Filed 2-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]
[Page 19963-19964]
[DOCID:fr16ap10-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-455-000; Docket No. CP09-456-000]

Florida Gas Transmission Company, LLC; Transcontinental Gas Pipe
Line Company, LLC; Florida Gas Transmission Company, LLC; Notice of
Availability of the Environmental Assessment for the Proposed Mobile
Bay Lateral Extension Project and the Pascagoula Expansion Project

April 9, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) of the Mobile
Bay Lateral Extension Project (Mobile Bay Project) proposed by Florida
Gas Transmission Company, LLC (FGT) and the Pascagoula Expansion
Project proposed by FGT and Transcontinental Gas Pipe Line Company, LLC
(Transco) in the above referenced dockets.
    The EA assesses the potential environmental effects of the
construction and operation of the proposed Mobile Bay Project and the
Pascagoula Expansion Project in accordance with the requirements of the
National Environmental Policy Act. The FERC staff concludes that
approval of the proposed projects, with appropriate mitigating
measures, would not constitute a major Federal action significantly
affecting the quality of the human environment.
    This EA was prepared in cooperation with the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service (USFWS); and the
Mississippi Department of Wildlife, Fisheries, and Parks.
    The proposed Mobile Bay Project includes the following proposed
facilities:
     Approximately 8.8 miles of 24-inch-diameter mainline
pipeline, from near Grand Bay in Mobile County, Alabama to the existing
FGT Compressor Station (CS) 44 in Mobile County, Alabama, (milepost
[MP] 0.0);
     One new Meter and Regulation (M&R) (Grand Bay M&R Station)
with pig launcher in Grand Bay, Alabama (MP 8.8);
     One new Over Pressure Protection Regulator Station with
pig receiver in Citronelle, Alabama); and
     Modifications to the existing FGT CS 44.
    The Pascagoula Expansion Project would consist of the following
facilities:
     A receipt meter station near Pascagoula in Jackson County,
Mississippi;
     Approximately 15.5 miles of 26-inch-diameter jointly owned
pipeline from Jackson County, Mississippi to Grand Bay, Mobile County,
Alabama;
     Modifications to FGT/Transco's existing Compressor Station
82 in Mobile County, Alabama; and
     Minor above-ground facilities.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426. (202) 502-
8371.
    Copies of the EA have been mailed to Federal, State, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. Any person wishing to comment on the EA may do so. To
ensure consideration prior to a Commission decision on the proposal, it
is important that we receive your comments before the date specified
below.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send in your comments so that they will be received in Washington, DC
on or before May 10, 2010.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project docket numbers (CP09-455-000 and CP09-456-000)
with your submission. The Commission encourages electronic filing of
comments and has dedicated eFiling expert staff available to assist you
at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;

    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on Sign up or eRegister. You
will be asked to select the type of filing you are making. A comment on
a particular project is considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First St., NE., Room 1A, Washington, DC 20426.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commentor a party to the
proceeding. Any person seeking to become a party to the proceeding must
file a motion to intervene pursuant to Rule 214 of the Commission's
Rules of Practice and Procedures (18 Code of Federal Regulations (CFR)
385.214).\1\ Only intervenors have the right to seek rehearing of the
Commission's decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field (i.e. CP09-455 or CP09-456). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8707 Filed 4-15-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Page 51974]
[FR Doc No: 2018-22320]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4366-DR; Docket ID FEMA-2018-0001]

Hawaii; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Hawaii (FEMA-4366-DR), dated May 11, 2018, and related
determinations.

DATES: This amendment was issued September 26, 2018.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective August 17, 2018.

(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.)

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-22320 Filed 10-12-18; 8:45 am]
BILLING CODE 9111-11-P


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6532-6533]
[FR Doc No: 2017-01099]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2017-0030; FRL-9958-55-OGC]

Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA''), notice is hereby given of a proposed settlement
agreement to address a lawsuit filed by Sierra Club in the United
States Court of Appeals for the District of Columbia Circuit: Sierra
Club v. EPA, No. 16-1158 (D.C Cir.). On May 27, 2016, Sierra Club filed
a petition for judicial review of the final action taken by EPA under
the CAA titled ``Revisions to Ambient Monitoring Quality Assurance and
Other Requirements'' (``final action'') at 81 FR 17,248 (Mar. 28,
2016). The proposed settlement agreement would resolve Sierra Club's
lawsuit upon EPA's issuance of two nonbinding guidance documents
recommending public notification practices concerning the submission
and approval of ambient air monitoring network plans.

DATES: Written comments on the proposed settlement agreement must be
received by February 21, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2017- 0030, online at www.regulations.gov. For comments submitted
at www.regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (``CBI'') or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jonathan Skinner-Thompson, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; fax number (202) 564-
5603; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    Sierra Club filed a petition for review of EPA's final action
titled ``Revisions to Ambient Monitoring Quality Assurance and Other
Requirements'' (``final action'') at 81 FR 17,248 (Mar. 28, 2016). In
the final action, EPA revised requirements pertaining to public
inspection of proposed annual monitoring network plans under 40 CFR
58.10.
    Under the terms of the proposed settlement agreement, Sierra Club
would agree to dismiss its case with prejudice upon EPA's issuance of
two nonbinding guidance documents. The first guidance document would be
issued to state and local monitoring agencies and would make public
inspection recommendations concerning proposed monitoring plans. The
second guidance document would be issued to EPA regional offices and
would make recommendations for stakeholder notification of submitted
monitoring plan approvals and disapprovals. The United States also
would agree to make a payment in settlement of Sierra Club's claim for
fees and costs. Please review the settlement agreement for additional
details, available in the public docket at EPA-HQ-OGC-2017-0030.
    For a period of 30 days following the date of publication of this
notice, the Agency will receive written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines that consent to the agreement should
be withdrawn or withheld, the terms of the agreement will be affirmed.

II. Additional information about commenting on the proposed settlement
agreement.

A. How can I get a copy of the proposed settlement agreement?

    The official public docket for this action under Docket ID No. EPA-
HQ-OGC-2017-0030 contains a copy of the proposed settlement agreement.
The official public docket is available for public viewing at the
Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 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 Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: January 11, 2017.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2017-01099 Filed 1-18-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 5, 2007 (Volume 72, Number 3)]
[Notices]
[Page 599-600]
[DOCID:fr05ja07-68]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55012; File No. SR-CBOE-2006-109]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Regarding
Complex Trades

December 27, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 21, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change, as described in
Items I, II, and III below, which Items have been substantially
prepared by 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to amend CBOE Rule 6.80 to revise the definition
of ``Complex Trade,'' a term that applies to trades through the
Intermarket Linkage (``Linkage''). The text of the proposed rule change
appears below, with additions italicized and deletions in [brackets]:
Rule 6.80. Definitions
    (1)-(3) No change.
    (4) ``Complex Trade'' means the execution of an order in an option
series in conjunction with the execution of one or more related
order(s) in different options series in the same underlying security
occurring at or near the same time [for the equivalent number of
contracts and for the purpose of executing a particular investment
strategy] for the purpose of executing a particular investment strategy
and for an equivalent number of contracts, provided that the number of
contracts of the legs of a spread, straddle, or combination order may
differ by a permissible ratio. The permissible ratio for this purpose
is any ratio that is equal to or greater than one-to-three (.333) and
less than or equal to three-to-one (3.00).
    (5)-(21) No change.
* * * * *

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 substantially 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 CBOE proposes to amend the definition of ``Complex Trade,''
which is a term that the CBOE uses for Linkage purposes. A Complex
Trade is an execution of an order in an options series in conjunction
with one or more

other orders in different series with the same underlying security
``for the equivalent number of contracts.'' \3\ A Complex Trade is
exempt from the trade-through rule.\4\
---------------------------------------------------------------------------

    \3\ See CBOE Rule 6.80(4).
    \4\ See CBOE Rule 6.83(b)(7).
---------------------------------------------------------------------------

    In contrast to the Linkage term, Complex Trade, CBOE Rule 6.53C(a)
defines the term ``Complex Order'' for purposes other than Linkage.
According to that definition, one type of Complex Order is a ``Ratio
Order,'' which need not have an equivalent number of contracts.\5\
Specifically, a Ratio Order may have a ratio ranging from one-to-three
(.333) to three-to-one (3.00). The Exchange applies modified priority
rules to Complex Orders.\6\
---------------------------------------------------------------------------

    \5\ See CBOE Rule 6.53C(a)(5).
    \6\ See CBOE Rule 6.45.
---------------------------------------------------------------------------

    This proposal will make the Linkage term, Complex Trade, consistent
with the general term, Complex Order. According to the CBOE, the other
five options exchanges are adopting a similar definition of Complex
Trade, which will result in uniform application of the term across all
options exchanges. The CBOE believes that such uniformity will
facilitate the rapid execution of complex trades in all markets.
2. Statutory Basis
    The CBOE believes the proposed rule change is consistent with the
Act and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, with the requirements
of Section 6(b) of the Act.\7\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \8\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade and to protect investors and the
public interest.
---------------------------------------------------------------------------

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

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

    The CBOE does not believe that the proposed rule change will impose
any burden on competition 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 CBOE neither solicited nor received comments on the proposal.

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

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

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-CBOE-2006-109 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2006-109. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. Copies of such filing also will be
available for inspection and copying at the principal office of the
CBOE. 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-2006-109 and should be submitted on or before January 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-22595 Filed 1-4-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Proposed Rules]
[Page 44984]
[FR Doc No: 2017-20599]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0408; FRL-9968-19-Region 3]

Air Plan Approval; Delaware; State Implementation Plan for
Interstate Transport for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a portion of the state implementation plan (SIP) revision submitted by
the State of Delaware that pertains to the interstate transport
requirements of the Clean Air Act (CAA) for the 2008 ozone national
ambient air quality standards (NAAQS). In the Final Rules section of
this issue of the Federal Register, EPA is approving the State's SIP
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 action, 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.

DATES: Comments must be received in writing by October 27, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2013-0408 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
``State Implementation Plan for Interstate Transport for the 2008 Ozone
NAAQS,'' that is located in the ``Rules and Regulations'' section of
this issue of the Federal Register.

    Dated: September 11, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-20599 Filed 9-26-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Rules and Regulations]
[Page 53378-53383]
[DOCID:fr16se08-7]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0836-200739(a); FRL-8714-8]

Approval and Promulgation of Implementation Plans; Florida;
Removal of Gasoline Vapor Recovery From Southeast Florida Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving the State Implementation Plan (SIP) revision
submitted by the State of Florida (Florida) on May 31, 2007, for the
purpose of removing Stage II vapor control requirements for new and
upgraded gasoline dispensing facilities in Dade, Broward, and Palm
Beach Counties (hereafter refer to as the ``Southeast Florida Area''),
and to phase out Stage II requirements for existing facilities in those
counties. In addition, EPA is approving this SIP revision which
requires new and upgraded gasoline dispensing facilities and new bulk
gasoline plants statewide to employ Stage I vapor control systems, and
phases in Stage I vapor control requirements statewide for existing
gasoline dispensing facilities.

DATES: This direct final rule is effective November 17, 2008 without
further notice, unless EPA receives adverse comment by October 16,
2008. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0836, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2007-0836,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0836. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or e-
mail, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center home
page at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning

Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9074. Ms. LeSane can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Effective January 6, 1992, EPA under the Clean Air Act Amendments
of 1990 (CAA or ``the Act''), designated and classified the three-
county Southeast Florida Area consisting of Palm Beach, Broward, and
Dade Counties as a ``moderate'' ozone nonattainment area. (56 FR
56694). The designation was based on the area's 1-hour ozone design
value, 138 parts per billion (ppb), for the three-year period 1987-
1989. Pursuant to the requirements of section 182(b)(3) of the CAA, the
Florida Department of Environmental Protection (FDEP) developed Florida
Administrative Code (F.A.C.) Rule 62-252.400, Gasoline Dispensing
Facilities--Stage II Vapor Recovery, and submitted the rule to EPA for
approval as part of Florida's ozone SIP. The rule was adopted by FDEP
effective February 2, 1993, and approved by EPA effective April 25,
1994 (59 FR 13883). Under the State rule, new gasoline dispensing
facilities built after November 15, 1992, were required to employ Stage
II systems upon start-up; existing facilities were required to install
Stage II systems by specific dates ranging from June 30, 1993, to
November 15, 1994.
    On November 8, 1993, having implemented all measures required of
the State to that date for moderate ozone nonattainment areas under the
CAA, and with three years of data (1990-1992) showing compliance with
the 1-hour ozone standard, FDEP submitted to EPA an ozone maintenance
plan and request for redesignation of the Southeast Florida Area to
attainment status. The maintenance plan, as required under section 175A
of the CAA, showed that nitrogen oxides (NOX) and volatile
organic compound (VOC) emissions in the area would remain below the
1990 ``attainment year'' levels throughout the ten-year period from
1995 to 2005. In making these projections, FDEP factored in the
emissions benefit (primarily VOCs) of the area's Stage II program,
thereby expressing the State's intent to maintain this program as part
of its 1-hour ozone SIP. The redesignation request and maintenance plan
were approved by EPA, effective April 25, 1995 (60 FR 10325).
Subsequently, the maintenance plan was extended by FDEP to 2015 and
approved by EPA, effective April 13, 2004 (69 FR 7127).
    On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor
vehicles. Under Section 202(a)(6) of the CAA, moderate ozone
nonattainment areas are not required to implement Stage II vapor
recovery programs after promulgation of ORVR standards. Since the
Southeast Florida Stage II program was already in place and had been
included in the State's November 8, 1993, redesignation request and 1-
hour ozone maintenance plan for the area, FDEP elected not to remove
the program from the SIP at that time.\1\
---------------------------------------------------------------------------

    \1\ The Phase I implementation rule for the 1997 8-hour ozone
standard, at 40 CFR 51.905(4), requires that any ``applicable
requirement'' under the 1-hour ozone SIP, if rescinded, be retained
as a contingency measure in the 8-hour ozone SIP. However, since the
Southeast Florida Stage II vapor recovery program ceased to be an
``applicable requirement'' upon EPA's promulgation of the ORVR
standards in 1994, the State is not obligated, and is not proposing,
to retain the program as a contingency measure.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

A. Requested Removal of Stage II Requirements

    EPA's primary consideration for determining the approvability of
Florida's request to remove Stage II vapor control requirements for new
and upgraded gasoline dispensing facilities in the Southeast Florida
Area, and for the phase out of Stage II requirements for existing
facilities in those counties is whether this requested action complies
with section 110(l) of the CAA. Below is EPA's analysis of these
considerations.
1. Federal Requirements for Stage II
    As a result of the 1990 CAA amendments, states were required to
adopt Stage II rules for all areas classified as ``moderate'' or worse
under section 182(b)(3) of the CAA. In addition, Section 202(a)(6) of
the CAA required EPA to promulgate Onboard Vapor Recovery standards.
Section 202(a)(6) further provides that ``the requirements of section
182(b)(3) (relating to Stage II gasoline vapor recovery) for areas
classified under section 181 as moderate for ozone shall not apply
after promulgation of such standards.'' Onboard Refueling Vapor
Recovery (ORVR) regulations were promulgated by EPA on April 6, 1994
(see, 59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, the
CAA no longer requires moderate areas to impose Stage II controls under
section 182(b)(3), and such areas may seek SIP revisions to remove such
requirements from their SIPs, subject to section 110(l) of the Act.
Section 110(l) of the CAA, states:

    Plan Revision--Each revision to an implementation plan submitted
by a State under this Chapter shall be adopted by such State after
reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable
further progress (as defined in section 7501 of this title), or any
other applicable requirement of this Chapter.

As such, Florida must make demonstration of noninterference to remove
Stage II from the SIP for the Southeast Florida area. EPA's policy
memoranda related to ORVR, dated March 9, 1993, and June 23, 1993,
provided further guidance on an allowance for removing stage II
requirements from certain areas.
2. Southeast Florida's Air Quality Status
    On April 30, 2004, EPA published the nonattainment and attainment
designations for the 1997 8-hour ozone standard (69 FR 23857). The
Southeast Florida Area was determined to be in attainment for the 8-
hour ozone standard. With regard to the 1-hour and 8-hour ozone NAAQS,
Southeast Florida is still in attainment and has provided monitoring
data in the submittal for both standards through 2006 which
demonstrates this attainment. Compliance with the 8-hour ozone standard
is demonstrated at 84 ppb and for the 1-hour ozone standard, compliance
was demonstrated at 124 ppb. For the period of 2004-2006, the 8-hour
ozone design value was 70 ppb, and the 1-hour ozone design value was 92
ppb.
    On January 5, 2005, EPA published nonattainment and attainment
designations for the PM2.5 standard (70 FR 944). The
Southeast Florida Area was designated as attainment for the
PM2.5 standard and has remained in attainment through 2006.
Compliance for the current PM2.5 annual standard is

15 micro-grams per cubic meter ([mu]g/m\3\). The annual
PM2.5 design value for Southeast Florida for the period of
2004-2006 was 9.5 [mu]g/m\3\.
    On October 17, 2006, EPA promulgated a revised NAAQS for
PM2.5. The effective date for the new standard was December
18, 2006. EPA retained the annual PM2.5 standard of 15
[mu]g/m\3\ and revised the 24-hour PM2.5 standard, changing
it from 65 [mu]g/m\3\ to 35 [mu]g/m\3\. FDEP submitted a letter dated
December 12, 2007, which recommended that the entire State of Florida
be designated as attainment for PM2.5.
    Although the Southeast Florida Area is in attainment for the 1-hour
ozone, 8-hour ozone and PM2.5 standards, section 110(l)
still requires that this area demonstrate noninterference for any SIP
revision related to these standards.
    On March 12, 2008, EPA strengthened its NAAQS for ground-level
ozone, the primary component of smog. These changes will improve
protection of both public health and sensitive trees and plants. EPA is
revising the 8-hour ``primary'' ozone standard, designed to protect
public health, to a level of 0.075 parts per million (ppm). The
previous standard, set in 1997, was 0.08 ppm. The Southeast Florida
Area 8-hour ozone standard design values for the years 2004-2006 are as
follows: 0.072 ppm for Dade, 0.066 ppm for Broward and 0.066 ppm for
Palm Beach. These levels are below both the 1997 8-hour ozone standard
and the 2008 8-hour ozone standard.
3. Noninterference Demonstration for Removal of Stage II
    Removing the Stage II vapor recovery requirement from the Southeast
Florida Area's portion of the Florida SIP may result in a small,
temporary increase in VOC emissions within the three Southeast Florida
counties. However, as explained below, implementation of the ORVR
requirements ensures noninterference with the NAAQS. The following
table shows the expected emission changes in comparison with the
emissions that would occur if the Stage II vapor recovery requirement
were to remain in force.

                                                Table 1--VOC Emissions From Vehicle Refueling (Stage II)
                                                                  [Tons per day (tpd)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             2005                          2010                                    2015
                                                     ---------------------------------------------------------------------------------------------------
                                                         With Stage II       With Stage II     Without Stage II      With Stage II     Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade..........................................                1.43                1.04                3.22                0.87                2.04
Broward.............................................                1.26                0.92                2.86                0.78                1.81
Palm Beach..........................................                0.95                0.71                2.19                0.61                1.42
SE Florida Total....................................                3.64                2.67                8.27                2.26                5.27
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA's analysis involved a comparison of the VOC emissions
attributed to the Stage II program (see, Table 1 above) to the total
VOC emissions projected for the Southeast Florida Area in the most
recent 1-hour ozone maintenance plan \2\ (see Table 2 below).
---------------------------------------------------------------------------

    \2\ Air Quality Maintenance Plan (2005-2015) Dade, Broward, Palm
Beach Counties, December 2002.

                        Table 2--Total VOC \3\ Emissions From Southeast Florida Area With & Without Vehicle Refueling (Stage II)
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    1990              2005                       2010                                2015
                                             -----------------------------------------------------------------------------------------------------------
                                              Without Stage II    With Stage II     With Stage II   Without Stage II    With Stage II   Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade..................................             399.8             208.3             200.0             202.1             191.6             192.8
Broward.....................................             239.6             154.6             145.3             147.2             135.9             136.9
Palm Beach..................................             228.4             149.7             143.2             144.7             136.7             137.5
SE Florida Total............................             867.8             512.6             488.4             494.0             464.2             467.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Since 1990, the year that the Southeast Florida Area came into
attainment with the 1-hour standard, VOC emissions from all sources
have continued to decline. From a 1990 value of 867.8 tpd, VOC
emissions decreased to 512.6 tpd in 2005. As a result of turnover of
the vehicle fleet and other programs designed to reduce emissions, VOC
emissions in the Southeast Florida Area are expected to further decline
to 488.4 tpd and 464.2 tpd in 2010 and 2015, respectively, if the Stage
II vapor recovery program is continued (and does not produce ORVR
incompatibility-related excess emissions). Without credit for the Stage
II program, the VOC emissions would potentially be 494.0 tpd in 2010
and 467.2 tpd in 2015, which is still below current levels and well
below the 1990 attainment-year emissions ``ceiling.'' Thus, the
additional emissions that may result from the phase-out of the Stage II
program do not appear to compromise continued attainment of the former
1-hour ozone standard or the more restrictive 8-hour ozone standard.
---------------------------------------------------------------------------

    \3\ The total VOC emissions in this area also include a biogenic
component that is assumed constant over time. The biogenic VOC
emissions for the individual counties are estimated at 211.3 tpd for
Miami-Dade, 174.5 tpd for Broward, and 399.6 tpd for Palm Beach.
These amounts can be added to the man-made emissions to get the
total VOC emissions.
---------------------------------------------------------------------------

    Any VOC emissions increase that may result from the phase out of
the Stage II program is not expected to cause a violation of the 8-hour
ozone standard in the Southeast Florida Area. An analogous emissions
ceiling for maintenance of the 8-hour standard can be approximated.
Although the three-county Southeast Florida Area has never violated the
8-hour standard, the years 1988 and 1989 had the closest design values
to the level of the standard (84 ppb and 83 ppb, respectively). Since
VOC emissions have steadily decreased over the last two decades,
emissions in 1988 and 1989 were greater than 1990 emissions. Thus, the
1990 attainment-

year emissions ceiling, as determined for the 1-hour standard,
represents a reasonable emissions ceiling for maintenance of the 8-hour
standard, and the logic given above for noninterference with
maintenance of the former 1-hour standard applies also to the current
8-hour standard. As mentioned previously in this rulemaking, the
Southeast Florida Area has current monitoring data that demonstrates
attainment with the 8-hour ozone standard.
    It is expected that the removal of the Stage II gasoline vapor
recovery program in the Southeast Florida Area will not interfere with
continued compliance with the PM2.5 standard. EPA's review
of the available information indicates that sulfates and carbon make up
approximately 70 percent of the precursors for PM2.5
formation in Florida. As mentioned previously in this rulemaking, the
Southeast Florida Area has current monitoring data that demonstrates
attainment with both the annual and the daily PM2.5
standards.
    Based on the factors mentioned above, EPA believes that Florida's
demonstration to remove the Stage II requirement from the Florida SIP
for the Southeast Florida Area is consistent with section 110(l) of the
CAA and will not interfere with compliance for the new NAAQS in the
Southeast Florida Area.

B. Requested Approval of Statewide Stage I Vapor Control Requirements

    Florida's Stage I vapor recovery is currently required for gasoline
dispensing facilities in the seven counties designated as maintenance
areas for ozone (Duval, Orange, Hillsborough, Pinellas, Palm Beach,
Broward, and Miami-Dade). In addition to removing Stage II requirements
for Southeast Florida, this SIP revision will require Stage I vapor
recovery at new and upgraded gasoline dispensing facilities statewide;
phase in Stage I vapor recovery statewide for existing gasoline
dispensing facilities not previously required to have Stage I; and
require tanker trucks and trailers to ensure connection of the vapor
return line at facilities equipped for Stage I vapor recovery
statewide. The phase-in of Stage I vapor control on a statewide basis
will likely result in a net reduction in air pollutant transport across
Florida's borders.

III. Final Action

    EPA is approving the SIP revision submitted by the State of Florida
for the purpose of removing Stage II vapor control requirements for new
and upgraded gasoline dispensing facilities in Miami-Dade, Broward, and
Palm Beach Counties, and phasing out Stage II requirements for existing
facilities in those counties. EPA is also approving rule changes which
would require new and upgraded gasoline dispensing facilities and new
bulk gasoline plants statewide to employ Stage I vapor control systems,
and it would phase in Stage I vapor control requirements statewide for
existing gasoline dispensing facilities. This SIP revision includes
changes to F.A.C. Chapters 62-210.200 Definitions, 62-210.310 Air
General Permits, 62-210.920 Air General Permit Forms, 62-252.200
Definitions, 62-252.300 Gasoline Dispensing Facilities--Stage I Vapor
Recovery, 62-252.400 Gasoline Dispensing Facilities--Stage II Vapor
Recovery, 62-252.500 Gasoline Tanker Trucks, 62-296-418 Bulk Gasoline
Plants, and 62-296.509 Bulk Gasoline Plants (Repealed).
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective November 17,
2008 without further notice unless the Agency receives adverse comments
by October 16, 2008.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on November 17, 2008 and no
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in

the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 17, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: August 29, 2008.
Russell L. Wright, Jr.
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart K Florida

0
2. Section 52.520(c) is amended by:
0
a. Revising entries for ``62-210.200'', ``62-210.300'', ``62-252.200'',
``62-252.300'', ``62-252.400'', ``62-252.500'', ``62-296.509'' and
0
b. Adding entries for ``62-210.310'', ``62-210.920'', and ``62-
296.418'' to read as follows:

52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-210.200.................  Definitions..........          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].

                                                  * * * * * * *
62-210.300.................  Permits Required.....          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
62-210.310.................  Air General Permits..          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].

                                                  * * * * * * *
62-210.920.................  Air General Permit             9/4/06  9/16/08
                              Forms.                                [Insert citation of
                                                                     publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
62-252.200.................  Definitions..........          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
62-252.300.................  Gasoline Dispensing            9/4/06  9/16/08
                              Facilities--Stage I                   [Insert citation of
                              Vapor Recovery.                        publication].
62-252.400.................  Gasoline Dispensing            9/4/06  9/16/08
                              Facilities--Stage II                  [Insert citation of
                              Vapor Recovery.                        publication].
62-252.500.................  Gasoline Tanker                9/4/06  9/16/08
                              Trucks.                               [Insert citation of
                                                                     publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-296.418.................  Bulk Gasoline Plants.          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].

                                                  * * * * * * *
62-296.509.................  Bulk Gasoline Plants.  ..............  .....................  Repealed.

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

* * * * *
 [FR Doc. E8-21303 Filed 9-15-08; 8:45 am]

BILLING CODE 6560-50-P